‘A Theory of Justice,’ by John Rawls: Destroying America through the legal system

A major escalation of degeneracy by the modern statist regimes using meritocracy to propel mediocrity into every modern profession is a fairly recent trend inspired by the 1972 book A Theory of Justice, by John Rawls who was a professor of philosophy at Harvard University.  Rawls argued in that popular statist book that a new theory of social justice demands that humans counteract the injustice of nature by instituting a corrupt and unthinkable concept upon mankind, equality at the expense of quality.  Rawls believed that nature should be rebelled against depriving those favored by nature of the right to rewards they produce, and grant to the incompetent a right to the effortless enjoyment of the rewards they could not produce or imagine on their own.  In other words John Rawls believed that justice should be redistributed into society to alter nature itself bringing different standards of justice based on social need, not individual desire.  Under this thinking if a dirt bag raped a woman, or broke into a home and stole all the money of the occupants, the scales of justice would be altered for the man if he was a member of the poor, or minority because nature did not give him the proper tools to be equal to those he robbed, or raped.  Under Rawls theory, the individual crimes are secondary to the greater good of social equality, so under his “Theory of Justice” the criminal is a useful tool of fighting against nature the tendency to make some people better than others.

A Theory of Justice is a work of political philosophy and ethics by John Rawls. It was originally published in 1972 and revised in both 1975 (for the translated editions) and 1999. In A Theory of Justice, Rawls attempts to solve the problem of distributive justice (the socially just distribution of goods in a society) by utilising a variant of the familiar device of the social contract. The resultant theory is known as “Justice as Fairness“, from which Rawls derives his two principles of justice: the liberty principle and the difference principle.

In A Theory of Justice, Rawls argues for a principled reconciliation of liberty and equality. Central to this effort is an account of the circumstances of justice, inspired by David Hume, and a fair choice situation for parties facing such circumstances, similar to some ofImmanuel Kant‘s views. Principles of justice are sought to guide the conduct of the parties. These parties are recognized to face moderate scarcity, and they are neither naturally altruistic nor purely egoistic. They have ends which they seek to advance, but prefer to advance them through cooperation with others on mutually acceptable terms. Rawls offers a model of a fair choice situation (the original position with its veil of ignorance) within which parties would hypothetically choose mutually acceptable principles of justice. Under such constraints, Rawls believes that parties would find his favoured principles of justice to be especially attractive, winning out over varied alternatives, including utilitarian and right-libertarian accounts.

Rawls belongs to the social contract tradition. However, Rawls’ social contract takes a different view from that of previous thinkers. Specifically, Rawls develops what he claims are principles of justice through the use of an artificial device he calls the Original position in which everyone decides principles of justice from behind a veil of ignorance. This “veil” is one that essentially blinds people to all facts about themselves so they cannot tailor principles to their advantage.

“no one knows his place in society, his class position or social status, nor does anyone know his fortune in the distribution of natural assets and abilities, his intelligence, strength, and the like. I shall even assume that the parties do not know their conceptions of the good or their special psychological propensities. The principles of justice are chosen behind a veil of ignorance.”

According to Rawls, ignorance of these details about oneself will lead to principles that are fair to all. If an individual does not know how he will end up in his own conceived society, he is likely not going to privilege any one class of people, but rather develop a scheme of justice that treats all fairly. In particular, Rawls claims that those in the Original Position would all adopt a max -min strategy which would maximize the prospects of the least well-off.

They are the principles that rational and free persons concerned to further their own interests would accept in an initial position of equality as defining the fundamentals of the terms of their association [Rawls, p 11]

Rawls claims that the parties in the original position would adopt two such principles, which would then govern the assignment of rights and duties and regulate the distribution of social and economic advantages across society. The difference principle permits inequalities in the distribution of goods only if those inequalities benefit the worst-off members of society. Rawls believes that this principle would be a rational choice for the representatives in the original position for the following reason: Each member of society has an equal claim on their society’s goods. Natural attributes should not affect this claim, so the basic right of any individual, before further considerations are taken into account, must be to an equal share in material wealth. What, then, could justify unequal distribution? Rawls argues that inequality is acceptable only if it is to the advantage of those who are worst-off.

The agreement that stems from the original position is both hypothetical and ahistorical. It is hypothetical in the sense that the principles to be derived are what the parties would, under certain legitimating conditions, agree to, not what they have agreed to. Rawls seeks to use an argument that the principles of justice are what would be agreed upon if people were in the hypothetical situation of the original position and that those principles have moral weight as a result of that. It is ahistorical in the sense that it is not supposed that the agreement has ever been, or indeed could ever have been, derived in the real world outside of carefully limited experimental exercises.

First: each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others.[1]

The basic liberties of citizens are, the political liberty to vote and run for office, freedom of speech and assembly, liberty of conscience, freedom of personal property and freedom from arbitrary arrest. However, he says:

liberties not on the list, for example, the right to own certain kinds of property (e.g. means of production) and freedom of contract as understood by the doctrine of laissez-faire are not basic; and so they are not protected by the priority of the first principle.[2]

The first principle may not be violated, even for the sake of the second principle, above an unspecified but low-level of economic development. However, because various basic liberties may conflict, it may be necessary to trade them off against each other for the sake of obtaining the largest possible system of rights. There is thus some uncertainty as to exactly what is mandated by the principle, and it is possible that a plurality of sets of liberties satisfy its requirements.

Social and economic inequalities are to be arranged so that (Rawls, 1971, p.302; revised edition, p. 47):

(a) they are to be of the greatest benefit of the least-advantaged members of society, consistent with the just savings principle (the difference principle).

(b) offices and positions must be open to everyone under conditions of fair equality of opportunity

Rawls’ claim in (a) is that departures from equality of a list of what he calls primary goods—”things which a rational man wants whatever else he wants” [Rawls, 1971, pg. 92]—are justified only to the extent that they improve the lot of those who are worst-off under that distribution in comparison with the previous, equal, distribution. His position is at least in some sense egalitarian, with a provision that equality is not to be achieved by worsening the position of the least advantaged.[clarification needed] An important consequence here, however, is that inequalities can actually be just on Rawls’ view, as long as they are to the benefit of the least well off. His argument for this position rests heavily on the claim that morally arbitrary factors (for example, the family one is born into) shouldn’t determine one’s life chances or opportunities. Rawls is also keying on an intuition that a person does not morally deserve their inborn talents; thus that one is not entitled to all the benefits they could possibly receive from them; hence, at least one of the criteria which could provide an alternative to equality in assessing the justice of distributions is eliminated.

The stipulation in (b) is lexically prior to that in (a). Fair equality of opportunity requires not merely that offices and positions are distributed on the basis of merit, but that all have reasonable opportunity to acquire the skills on the basis of which merit is assessed. It may be thought that this stipulation, and even the first principle of justice, may require greater equality than the difference principle, because large social and economic inequalities, even when they are to the advantage of the worst-off, will tend seriously to undermine the value of the political liberties and any measures towards fair equality of opportunity.

http://en.wikipedia.org/wiki/A_Theory_of_Justice

When it is wondered why there doesn’t seem to be any justice in the world of modern America, and why the court system seems to be failing, look to A Theory of Justice by John Rawls.   Under the accepted terms of Rawls’ work, if a member of society daily injects themselves with heroin, pimps out stolen women into prostitution to pay for his drug habit, runs a theft ring and is a general menace to society, the social and economic inequalities are to be arranged so that they are to be of the greatest benefit of the least-advantaged members of society, consistent with the just savings principle.  Meaning, all the good people of society who have made quality decisions in their life, worked hard, treated others with fairness are to pour some of their hard work into the degenerate so that social justice can look favorably upon the entire human race regardless of individual value.  Isn’t it clear now why studying philosophy should be more important in your daily life dear reader?

Every courtroom in America with miles of case-law supporting them created by too many money-grubbing, parasitic lawyers have taken the work of John Rawls and made it mainstream thinking.  It is why criminals believe they have rights to the merit of the good, and why they are not motivated to change their behavior because John Rawls new theories of justice instruct them that nature has given them an unfair advantage in life, and it is up to the intelligentsia of meritocracy to determine winners and losers in society arrogantly suppressing nature behind the rule of the academic class.

Until A Theory of Justice is rejected by the American population and the case-law built upon its failed philosophy is scrubbed completely, justice will be elusive in modern society.  Criminals will continue to believe that they are “owed” something by somebody, and innocent victims will continue to search for justice among judges who sit upon their ivory towers and defend Rawls because through the meritocracy of the Harvard University elite, there is a power they dare not challenge.  It is largely because of Rawls that the Second Amendment is being eroded away, that the NDAA Act was voted upon, that the TSA, the NSA, and every other government organization works against the vast amount of American population with violations against their personal liberty.  Because under A Theory of Justice the rights of individual citizens is secondary to the rights of the under-privileged, the lazy, and the corrupt because nature selected them to be less, and it is the obligation of mankind to help them become better by giving them a free pass to continued behavior of a social menace.  Sometimes it only takes a few generations to wreck a civilization and in the case of American justice it only took a few years from 1972 to destroy the logic of our legal system.  The blame rests on the shoulders of John Rawls and his Harvard University meritocracy agenda driven psychosis of reshaping the world against the desires of nature to create a world molded by the morally bankrupt in a perpetual draining of wealth not just monetarily, but ethically till there is nothing left but a distant memory of a once great culture.  America was a land built by rules yet was destroyed by A Theory of Justice, written in 1972, a college professor functioning from a failed philosophy that was never corrected in time to save civilization.

Rich Hoffman

 www.OVERMANWARRIOR.com

Give yourself the gift of ADVENTURE.  CLICK HERE!  

2 thoughts on “‘A Theory of Justice,’ by John Rawls: Destroying America through the legal system

  1. “Original Position…Overton Window….”
    Evil comes in one form with multiple names. Once you nail it, see it, and try to Paul Revere those that can’t…it’s hard to live, happily. No going back. The really awake thingy, not just those that go to hear leaders but those that do, is incredibly difficult. I tread lightly on the weak. They’d never handle you or the snake. It’s either denial or a rebel yell so they just go away. The snake lingers and will feed, like it or not. Courage is learned and not for the meek.
    Nice essay but bothersome…. to say the least.

    Like

    1. I understand how you are feeling. We have watched this ebb and flow game for a while. Most people lack the real courage needed to do the really hard work, which is right in front of us and requires a completely new way of thinking about things. A way of seeing the world that has been lost, and only lived for a very short time.

      Like

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