In the previous posting we saw how people tend to advocate policies based on their own particular background, situation, or preferences, and this necessarily results in perceptions of unfairness over the decisions made.
The key to understanding Rawls’ idea of ‘justice as fairness’ is that people perceive fairness in terms of the process by which results are achieved, not in terms of the actual outcomes of the process. When children play a game and at the end, one child complains that it was not fair, it usually means that the child feels that the rules of operation were either violated or exploited unethically, not that the child should not have lost (unless we are talking about a really spoiled child who feels entitled to always win).
So what Rawls is saying in his A Theory of Justice is that we need to collectively determine the rules by which decisions affecting all of society are arrived at, so that whatever results from that decision making process, everyone will accept that it is fair, although we may not agree with any given decision.
Rawls argues that the essential ingredient to achieving this fairness in process is the ‘veil of ignorance’ under which everyone who is involved in creating the rules (known as the ‘persons in the original position’) operates. What he means by this is:
First of all, no one knows his place in society, his class position or social status; nor does he know his fortune in the distribution of natural assets and abilities, his intelligence and strength, and the like. Nor, again, does anyone know his conception of the good, the particulars of his rational plan of life, or even the special features of psychology such as his aversion to risk or liability to optimism or pessimism. More than this, I assume that the parties do not know the particular circumstances of their own society. That is, they do not know its particular economic or political situation, or the level of civilization and culture it has been able to achieve. The persons in the original position have no information as to which generation they belong. (p. 118)
The veil of ignorance only excludes particular knowledge about the state of individuals or societies. It allows for the kind of general information needed to make meaningful decisions.
It is taken for granted, however, that they know the general facts about human society. They understand political affairs and the principles of economic theory; they know the basis of social organization and the laws of human psychology. Indeed, the parties are presumed to know whatever general facts affect the choice of the principles of justice. (p. 119)
The rules which are arrived at cannot involve identifiable persons or groups or create special exemptions for such groups. For example, if one is making rules about religion, one cannot create rules that apply to a named religious group. You cannot say, for example, that a particular rule will be applied only if the majority of the population (once the veil of ignorance is lifted) turns out to be Christian (or Hindu or whatever.) You cannot also make rules dependent on what the particular situation of a named individual turns out to be. So you cannot say, for example, that the rule of free health care being available to all only kicks in if person X turns out to be sickly.
How would this work in practice? I will see in the next posting by applying it to special cases, including that involving the rights of gays.