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24. Political Theory / A. Basis of a State / 4. Original Position / a. Original position

[situation of persons prior to socialisation]

7 ideas
Why does the rational agreement of the 'Original Position' in Rawls make it right? [Nagel on Rawls]
     Full Idea: Why does what it is rational to agree to in Rawls' 'Original Position' determine what is right?
     From: comment on John Rawls (A Theory of Justice [1972]) by Thomas Nagel - Equality §7
The original position models the idea that citizens start as free and equal [Rawls, by Swift]
     Full Idea: The original position is presented by Rawls as modelling the sense in which citizens are to be understood as free and equal.
     From: report of John Rawls (A Theory of Justice [1972]) by Adam Swift - Political Philosophy (3rd ed) 3 'Strikes'
     A reaction: In other words, Rawls's philosophy is not a demonstration of why we should be liberals, but a guidebook for how liberals should go about organising society.
Choosers in the 'original position' have been stripped of most human characteristics [Sandel, by Tuckness/Wolf]
     Full Idea: Sandel argues that people in the 'original position' have been stripped of everything that makes them recognisably human: their conceptions of the good, their nationality, family membership, religion, friendships and past histories.
     From: report of Michael J. Sandel (Liberalism and the Limits of Justice [1982]) by Tuckness,A/Wolf,C - This is Political Philosophy 4 'Communitarian'
     A reaction: This draws attention to what a pure Enlightenment rational project Rawls is pursuing, in the spirit if Kant's ethics. Choosers in the original position become identical, and thus choose a homogeneous society.
The original position insures that the agreements reached are fair [Sen]
     Full Idea: The original position is the appropriate initial status quo which insures that the fundamental agreements reached in it are fair. This fact yields the name 'justice as fairness'.
     From: Amartya Sen (The Idea of Justice [2009], 01.4)
     A reaction: I suppose it insures fairness on day one of the new society, but that might have all been wiped out in the next fortnight, when you find you are the least advantaged as a result of racism.
Isn't it more rational to maximise the average position, but with a safety net? [Swift]
     Full Idea: Wouldn't it be more rational to choose principles that would maximize the average position, perhaps subject to some 'floor' level beneath which they would not want to take the risk of sinking?
     From: Adam Swift (Political Philosophy (3rd ed) [2014], 1 'Rawls')
     A reaction: The criticism is that Rawls's prediction is over-cautious, and that people will take mild risks in what they choose, as long as there is no danger of disaster. (Just as you should allow small children to risk injury, but not death).
For global justice, adopt rules without knowing which country you will inhabit [Tuckness/Wolf]
     Full Idea: Imagine a new original position where we adopted rules for global justice without knowing which country we would inhabit.
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 4 'Cosmopolitan')
     A reaction: Nice question. North Korea!! Rawls says it is only within a nation, because there is a co-operative enterprise going on. That is, I presume, that the choosers involved are a 'people'. See Kant's 'Perpetual Peace' for an alternative.
Rawls's theory cannot justify liberalism, since it presupposes free and equal participants [Charvet]
     Full Idea: Rawls's theory presupposes that the contractors are conceived, and conceive themselves, to be free and equal persons. Consequently, the theory cannot be presented as a justificatory theory of liberalism.
     From: John Charvet (Liberalism: the basics [2019], 14)
     A reaction: Nice. If you imagine diverse groups with many strong beliefs coming together to form a society, Rawls is asking them all to become liberals before they all decide how to live together.