From: “Behind the Veil: John Rawls and the Revival of Liberalism” by Ben Rogers

                        In Lingua Franca, July/August 1999

… Since the appearance of his epoch-making A Theory of Justice in 1971, Rawls has been acknowledged as America's-- perhaps the world's--leading political philosopher. His opus has sold more than 200,000 copies worldwide. On a conservative estimate, about five thousand books or articles dealing with it, at least in some respect, have been written. The story of "How John Rawls Revived Political Philosophy and Rejuvenated Liberalism" is part of academic legend. …

TO UNDERSTAND what is most radical, and most noteworthy, in Rawls's theory of justice, we must contrast it with some of its rivals. First among them is utilitarianism--the doctrine that we ought to maximize the total amount of well-being in a society regardless of how evenly that well-being is distributed. There was much that Rawls admired in the utilitarian thought of Jeremy Bentham, John Stuart Mill, and their intellectual descendants. It had the scope and rigor he wanted for his own theory and a good track record as a progressive principle, inspiring directly or indirectly a great deal of social and political reform. Yet it had one flaw: It did not take human rights seriously. Utilitarians might maintain that the general good will usually be served by respecting human rights, but they are committed to the position that when a conflict between individual rights and general well-being arises, it is the claims of the latter that should prevail. Thus, the greatest-happiness principle could have permitted slavery. Or, more to the point, it could be used to defend what is often said to be an unstated principle of the modern market economy: that in the battle for low wages and low inflation, the well-being of some is sacrificed for the good of the rest.

Utilitarianism is the first target of Rawls's criticisms, but there are others. Although A Theory of Justice has little to say about Marxism, that creed was alive and well when Rawls was working on his book; and like utilitarians, Marxists tend to regard the notion of natural human rights as nonsense. Finally, Rawls challenges various "perfectionist" and communitarian theories--theories that look to the state to advance a single value system. Here Rawls has in mind the political ideals of fundamentalist Christianity and Islam, or indeed of those American communitarians who urge the state to promote the virtues of church attendance and family preservation.

These philosophies all permit the sacrifice of human rights to some other good--to utility, the interests of the proletariat, or some religious ideal of the good life. It is as an alternative to these theories that Rawls champions the social contract. Society is, of course, involuntary and our place in it largely beyond our control, but Rawls asks what arrangements people would consent to if society were freely entered into.

To this end, Rawls suggests a thought experiment, asking us to imagine ourselves in his now famous "original position." People in this position are situated behind what he calls a veil of ignorance. They are denied knowledge of everything that makes them who they are: class, skills, age, gender, sexuality, religious views, and conception of the good life. Rawls argues that the principles these imaginary people would choose to regulate their relations with one another are the principles of justice.

An enormous amount of ink has been spilled in explaining, attacking, and defending the original position, but the thinking behind it is plain enough. The veil of ignorance is meant to ensure that our views on justice are not distorted by our own interests. Such distortions occur all the time. As Rawls puts it, "If a man knew that he was wealthy, he might find it rational to advance the principle that various taxes for welfare measures be counted unjust; if he knew that he was poor, he would most likely propose the contrary principle."

Rawls believes, contentiously, that if we were placed in the original position, we would choose to pursue a low-risk strategy and agree to principles that are basically egalitarian--principles that guarantee the highest possible minimum levels of freedom, wealth, and opportunity, even at the cost of lowering average levels. More particularly, Rawls suggests that we would elect to be governed by two general principles, the first concerning liberty, the second the distribution of wealth and power.

The first point on which men and women in the original position would agree is the importance of guaranteeing their freedom to live as they see fit. According to this principle, each person should have a right to the most extensive basic liberties (the right to vote, freedom of thought, and so on) compatible with a like liberty for others. Rawls contends that the state should remain neutral on conceptions of the good life and simply safeguard the freedoms that allow us to proceed according to our own values. This principle does little more than offer a more general guarantee of the freedoms protected by the First Amendment.

Rawls's second principle, however, is more unusual. The "difference principle" states that social and economic inequalities are acceptable only insofar as they benefit the least advantaged. The best way of understanding this principle is as a radical alternative to the principle of equality of opportunity. Proponents of equal opportunity argue for a market society in which people who have the same talents, and a similar willingness to use them, enjoy the same prospects of success. Rawls, however, argues not only that it is wrong that our lot should be determined by our class or educational opportunities, but that it is equally unjust that our position should be determined by our talents. These, just as much as the class positions of our parents, are the outcome of what he describes as a "natural lottery."

Rawls's point is echoed in other critiques of meritocracy: It seems unfair that simply because someone is especially strong, intelligent, or dexterous, he or she should have a higher standard of living than someone with less marketable skills. The natural lottery argument jettisons the notion that anyone "deserves" the rewards they gain from work and often turns into an argument for equality of income. But Rawls says that there is a better way of dealing with the unfair distribution of abilities: by allowing those inequalities that benefit the worst off. Rawls does little to explain which inequalities he believes would benefit the worst off. But he appears to imply that if paying doctors more than nurses, or CEOs more than production-line workers, could be shown to be of advantage to the poorest members of a society by encouraging, say, the development of rare and important gifts, then these practices are justified. Otherwise they are not. Rawls argues that unlike the inequalities we see all around us, inequalities based on the difference principle would not be felt by the less well-off as unmerited or degrading.

To its admirers, A Theory of Justice showed that left-wing liberalism was not an incoherent mishmash of socialist and capitalist values but an intellectually respectable political philosophy. Liberals admired Rawls's emphasis on the inviolability of individual freedoms, while leftists appreciated his condemnation of nearly all forms of economic inequality.

But the book's impact also has something to do with the fact that it was published at a time when political philosophy was on the defensive. The dominant philosophical currents--logical positivism and linguistic philosophy--were hostile to large-scale moral theorizing; the extravagances of Marxism and fascism had given ideology--even liberal ideology--a bad name. Ronald Dworkin explains: "The 1950s were a complacent period, and there was a feeling that the United States was on the right path. Then the Vietnam War and the civil rights movement cast doubt on all that. Here suddenly was a book that raised all the issues--it gave people a way of arguing about these questions that suddenly seemed so important."