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  • irishtimes.com - Posted: October 20, 2009 @ 12:22 pm

    Behind a veil of ignorance

    Bryan

    John Rawls, an American philosopher, came up with an interesting way of thinking about justice in the early 1970s. While I was initially sceptical of Rawls’ approach, comments on this blog have forced me to rethink my position.

    It seems as though most of us struggle to separate justice from self-interest (see for example comments on Puzzled). According to Rawls, the way to determine what a just society would look like would be to engage in a small mental exercise. Imagine that you were placed ‘behind a veil of ignorance’. Behind this veil, you have no idea what your station in life is, what social standing you hold, your job title, how much you earn, or for that matter, how much anyone else earns. Now imagine being asked to come up with the rules for how society will be ordered. You don’t know where you’ll fit in to the social structure you’ve proposed once the veil of ignorance is removed, so you have a big incentive to ensure that even if you end up at the bottom of this new structure, life is, at the very least, bearable.

    Ralws’ thinking was what should come first in the construction of a just society, are some fundamental rights, followed by basic, ‘fair’ societal rules. By nature most of us tend towards social arrangements that benefit us the most, even if they are not particularly just or moral. For that reason, he proposed that we try to think of how we might structure society if our position in it wasn’t guaranteed. His conclusion, in his hard to read but incredibly valuable book, A Theory of Justice, was that we would opt for an egalitarian society in which inequality would only be tolerated if it was to the benefit of the least well off.

    One of the challenges of living in a ‘post-religious’ society is that there is no universal moral code you can fall back on to make your arguments. Were this Iran, we could settle our differences on the basis of our various interpretations of the Qur’an. Were we living in an Ireland of the past, the Bible or the Pope’s last Easter message might carry similar weight. But in our present situation, if the ideas of Rawls and others on justice, which basically ask us to put other things before self interest – if these don’t sway us, then what are we left with? A society in which what is right is determined by the desires of those with the greatest economic and political power?

    I was in a lecture yesterday in which a political scientist said, “We who live in OECD countries are the world’s aristocrats.” In terms of global economic and political power, I think he was right. Since none of us is able to really go behind Rawls’ veil of ignorance, and since justice has an annoying propensity for taking from the most well off to give to those with the least, perhaps it is little wonder self-interest trumps justice. Even on harmless blogs such as this.

  • 26 Comments

    1.
    October 20, 2009
    1:40 pm

    Bryan,

    Another Political Philosopher who has taken up Rawl’s theme is Michael Sandel:

    http://athome.harvard.edu/programs/jmr/

    He gave the BBC 4 Reith Lectures this year that are also worth listening to or reading.

    Comment by Joanna Tuffy
    2.
    October 20, 2009
    1:51 pm

    A full on roots-of-justice discussion is probably beyond the scope of a blog discussion. This is really interesting, Capuchin monkeys share much of our sense of justice: http://news.bbc.co.uk/2/hi/science/nature/3116678.stm

    Human justice is most likely built on our evolutionary sense of justice, variations of which are shared by other primates. Our original sense of justice is an evolutionary advantage, that ultimately helps the individual to reproduce. “You scratch my back, I’ll scratch yours” is probably the most succinct definition of this kind of community-based justice.

    Of course it’s narrow to view justice in purely evolutionary or biological terms, but monkeys, besides being absolutely hilarious, can also teach us something about justice. More on this later, maybe.

    Comment by Steve K
    3.
    October 20, 2009
    1:53 pm

    One of the challenges of living in a ‘post-religious’ society is that there is no universal moral code you can fall back on to make your arguments.

    Not the old “God is dead, so everything is permissible” argument again! I thought that we moved on from that decades ago!

    Comment by JD
    4.
    October 20, 2009
    1:57 pm

    Declan Costello’s Just Society paper for Fine Gael in the 1960’s was based on Rawlsian principles. This is what led to FG developing a social democratic agenda and a culture clash between the catholic uber conservatives and urbane modernists like Garret Fitzgerald.

    There is more on him here: http://en.wikipedia.org/wiki/Declan_Costello

    Comment by robespierre
    5.
    October 20, 2009
    2:19 pm

    Joanna – Thanks for sharing that link. He’s definitely on my list of people to read. That said, it’s a cheesy advertising campaign by Harvard, isn’t it? You’d think their staff complement is so strong they don’t need engage in a telemarketing campaign.

    Steve – I can definitely buy the idea of justice being something that’s innate in part, even biological. That’s not the whole story, but I’m not surprised that a monkey’s sense of justice resembles ours.

    JD – That wasn’t my point. My point was that without a single compelling moral force, without some code that everyone subscribes to, it is difficult to come to a consensus on things like values. Pluralism, not just the ‘death of religion’, also contributes to this state of affairs.

    Robespierre – Again, thanks for that link. That’s a fascinating. FG wouldn’t have struck me as a party to lead a social democratic revolution.

    Comment by Bryan
    6.
    October 20, 2009
    2:20 pm

    The problem I have with that theory of justice is , how universal is it, in his book I don’t think he actually defines justice and in reality his concept is social justice, he would be very much out of step with giants like Hume who’s theory of justice would not have entertained collectivisation of resources for the greater good. To run the theory to its extreme and I think there is a dystopian novel about it is where do you draw the line, do you use technology to average out IQ traits maybe put a chip in the very intelligent to distract them through their lives so they don’t outperform the average. Do you give ugly people free access to plastic surgery and beautiful people have to have their characteristics averaged down. Do all children have to be raised by the state so that some kids cant benefit from the best upbringing. Do all inheritances have to pass to the state so that the offspring cant benefit. Maybe some people would actually agree with the last point but from a conceptual basis this form of justice does not hang together.
    If you get to teach a class Brian , tell them you will give everyone the average grade at the year end. It will be interesting to see how it affects the behaviour and motivation of the people involved. ;-)

    Comment by Liam
    7.
    October 20, 2009
    2:35 pm

    Liam – Rawls is a liberal egalitarian, but his idea of justice allows for inequality – so long as that inequality benefits the least well off. Part of the reason for that was the recognition of the role motivation plays and that if those who do more aren’t rewarded, they might stop.

    Also, Rawls says in the preface to his book that his theory isn’t all that original but borrows heavily from the philosophy of contractarians. He leans most on Kant. He definitely is in steps with some philosophical giants.

    Have you read Nozick’s State, Anarchy and Utopia? I looked at one chapter – on distributive justice – for my course. As I read it Liam, I kept thinking about you. Seriously. Two things came to mind. First, that online relationships are as real, though very different in nature, to ‘real life’ relationships. And Second, that as attractive as the Libertarian position appears to be at times, in the end, it places (in my opinion) way too much stock in the sanctity of property rights and ownership and not nearly enough on the condition of those whose freedom it guarantees. So while I think Nozick’s work is dazzling, genius at times, and a source of credible challenges to aspects of Rawls’ view of things, it doesn’t seem to always add up and it makes for a cold world if you don’t have any property to protect.

    Comment by Bryan
    8.
    October 20, 2009
    2:48 pm

    Strangely this blog would not accept my earlier comment:

    A very good post Bryan and an appropriate and thoughtful response to Puzzled.

    Comment by Eoin
    9.
    October 20, 2009
    4:35 pm

    I havnt Brian but I am aware of this quote from the book

    “There is no social entity with a good that undergoes some sacrifice for its own good. There are only individual people, different individual people, with their own individual lives. Using one of these people for the benefit of others, uses him and benefits the others. Nothing more. What happens is that something is done to him for the sake of others. Talk of an overall social good covers this up. (Intentionally?) To use a person this way does not sufficiently respect and take account of the fact that he is a separate person, that his life is the only life he has. He does not get some overbalancing good from his sacrifice, and no one is entitled to force this upon him-least of all a state or government that claims his allegiance (as other individuals do not) and that therefore scrupulously must be neutral between its citizens.”

    How do you define property? It starts with freedom of the individual. If you see demonstrators in a tin pot dictatorship shouting slogans , the cry will be “freedom” . The dangers of moving away from this basic principle get exponential the further one moves away from it. I’m not sure why this should appear to be cold. Surely the state needs to look back at the body counts , persecution and other actions against individuals which continue to this day. I think it’s a fallacy that the state can pull everyone up by their bootsraps

    Comment by Liam
    10.
    October 20, 2009
    7:22 pm

    It has been a while since I read Nozick but the gist to my understanding was that the Utopian state is one in which all visions of utopia could be freely explored and tried out if there were willing participants. Everybody would be free to join or leave any of these competing Utopian experiments and the better visions would rise to the surface through a sort of “invisible hand” mechanism of freedom of choice. It is like extreme libertarianism mixed with contractarianism and cosmopolitanism. I do not know why this would necessary lead to emphasis being placed on property unless people decided this was best? Even if they initially acted in self-interest due to the lack of a Rawlsian veil of ignorance they could always leave these associations at a later date and try something else.

    Comment by getoffmycloud
    11.
    October 20, 2009
    7:27 pm

    Well at last we have got to the moral debate.

    so to add my tuppence worth I will take that quote you use above above Liam which comes from from Nozick’s book “To use a person this way does not sufficiently respect and take account of the fact that he is a separate person, that his life is the only life he has” and I would add this.

    It might seem ridiculous at first but the question: What is a person? is not as simple as we think. The so called western mind holds a very egocentric conception of personhood as distinct to a sociocentric conception which is common in many cultures and dominant in African philosophy. The Yoruba and Akan conceptions of personhood are cases in point. In African thinking the starting point is social relations – selfhood is seen and accounted for from this relational perspective.

    The sociocentric conception of personhood would probably not lead Nozickto to the line of thinking you quote in your post above.

    So although it seems a far remove from the debate it underpins it in that what is at stake here is the way of conceptualising, of understanding human reality.

    Ultimately this is where we differ on the “puzzled” thread: our different understanding of human reality and the way we conceive of the “person”. The talk of self-interest, economics, law etc. exposed our disagreements but to really understand those disagreements we need to dig to this deeper level. And Bryans recourse to Rawls cleverly led us to dig deeper.

    Patrick
    Bangkok

    Comment by Patrick Hennessy
    12.
    October 20, 2009
    7:57 pm

    On a different note, one of the problems I have with Rawls is that his views are predicted on very conventional notions of the sovereign and independent nation state. If you read Rawls in relation to “toleration” in the international sphere he draws the scope for acceptable foreign intervention very narrowly and conservatively. He basically argues that hierarchical, autocratic systems of governance are acceptable as long as the public have some degree of recourse and the leaders can be said to have legitimacy among the populace. In a non-democratic state, however, any notion of legitimacy is almost impossible to gauge and to verify and is therefore highly subjective.

    Comment by getoffmycloud
    13.
    October 20, 2009
    10:14 pm

    Another problem I have with Rawl’s “difference” idea is that it stops at the country border? in logical terms why? is it an easier pill to swallow for his audience if a rich country doesnt have to support its less productive neighbour? on the flip side why cant an ethic for countries not be scaled back to the individual level?

    I agree with Patricks post that at some level any political theory needs to understand what an individual is so that basic assumptions about rights can be determined. I’m not familiar with the African examples mentioned , no doubt more traditional societies might have different concepts of the person. It is obvious that one cant have a theory of propery rights and voluntary exchange in a hunter gatherer society,

    Brian just to say I appreciate the work you put into this blog, great topics always. You are making me regret that I didnt study philosophy!

    Comment by Liam
    14.
    October 20, 2009
    11:30 pm

    Liam,
    that quote by Nozick sounds better than it actually is.
    “Using one of these people for the benefit of others, uses him and benefits the others.Nothing more.”
    Firstly, it’s a mistake to speak of all restrictions on property ownership as someone’s being ‘used’. Some of the wealth which they happen to own is being used – that’s a different matter.

    “What happens is that something is done to him for the sake of others. Talk of an overall social good covers this up. (Intentionally?)”

    No, talk of an overall social good points to the social context within which anyone lives. If this context is better, potentially everyone in it benefits it.

    “To use a person this way does not sufficiently respect and take account of the fact that he is a separate person, that his life is the only life he has.”

    This is sometimes true, but not necessarily so. You can respect the separate life of someone, and still be entitled to curb it in various ways. (It’s also arguable that genuinely respecting someone’s life involves, where possible, underwriting their autonomy, not just not interfering with their liberty).

    “He does not get some overbalancing good from his sacrifice, and no one is entitled to force this upon him-”

    Why not? Depends entirely on the sacrafice he’s being asked to make, and the potential benefit it has for others.

    “least of all a state or government that claims his allegiance and that therefore scrupulously must be neutral between its citizens.”

    Indeed it must. And that includes taking cognizance of the power imbalances in society, and curbing them if necessary.

    Comment by jimmy1
    15.
    October 21, 2009
    8:34 am

    jimmy , I think you are missing the point of the quote. Its absolutely possible to increase welfare possibly even over unitary by implementing X policy. However the question is, is it just?
    As for power imbalances, most that I can see are the creation of the state in the first place. A free society with a rule of law based on indivdual and secure property rights would not need a regulator. The individual actions of people would ensure that the best services be it airlines or heathcare rise to the top. I know I wouldnt like to live in a cuban style society even if it could be shown to be “fair”. As it stands even in Ireland how much better would our health service be if the medical business had to chase after the custom of everyone instead of the other way round.

    Comment by Liam
    16.
    October 21, 2009
    8:41 am

    Liam, some of the answer to your question is to do with the distribution of capabilities. Power is not evenly spread and the nature of the relationship between people and people, people and state and a state and other states are completely different. The latter being a separate eco-system that adopts a interconnecting but nonetheless different moral and ethical compass.

    Interestingly, Kenneth Waltz wrote “Man, the State and War” in the 1950’s around about the time that Rawls was at his most influential.

    Comment by robespierre
    17.
    October 21, 2009
    12:10 pm

    Eoin – I’m sorry about the technical issues. Hopefully that won’t happen again. And thanks for persisting, especially since your comment is so encouraging.

    Liam – I can’t come close to some of the responses others have posted to that quotation. All I can say is that I hope you read Nozick’s book. It is brilliant, genius even, in part. But on the whole, (the chapter I read anyway) had inconsistencies that brought his argument crashing down. Worse, Rawls went back and defended his theory, and even altered it in part following the criticism he received. Nozick never responded to his critics. I can’t help but wonder if that wasn’t because he realised he couldn’t.

    And thank you so much for those very kind words. I really appreciate it. The work is fun when you have really bright people willing to honestly engage with you and each other on such a wide variety of topics. So thank you for contributing so much.

    getoffmycloud – On Nozick, I must plead insufficient knowledge to be able to give you a worthy response. On Rawls, I’m still a beginner, but hopefully I’ll be able to come back to you sooner rather than later.

    Patrick – Thanks. Where do we go from here? Do we accept that there are very different conceptions of being out there and walk away with a better understanding of why we sometimes differ. Or do we try to learn about those different conceptions, debate and argue them out, and hope to reach a Rawlsian ‘reflective equilibrium’? The latter sounds like slow, ridiculously hard work, but potentially very rewarding.

    Jimmy1 – thank you. I largely agree with your take on that quotation.

    Robespierre – Is the distribution of capabilities the focus on Sen’s writing on justice? I’m curious Robespierre, which views on justice do you subscribe to?

    Comment by Bryan
    18.
    October 21, 2009
    1:24 pm

    The distribution of capabilities basically implies that the justice applies in a manner commensurate to your importance in the hierarchy of domestic and internation societies.

    I am sympathetic to Grotius’ views in general.

    Put plainly I do not think rights and responsibilities should be arbitrated on separtely as often seems to be the case today in the application of “blind” justice.

    As Rousseau put it “man is born free but forever lives in chains”. The normative effects of applying large brushstroke principles blunts the merits of those same principles when one attempts to test them on actual potential cases.

    Comment by robespierre
    19.
    October 21, 2009
    2:00 pm

    Liam,
    I got that. My point was that Nozick doesn’t have much by way of an argument (to show that an increase in welfare which interferes with the liberty of some citizens is ipso facto not just). In particular, I think he misrepresents what it is to take someone else’s life seriously. I don’t think it means to just leave them alone – it involves helping them to get the best out of their capacities. What I’m objecting to is the assumption that what’s just is determined largely or entirely by negative liberty.

    As for your point about power, that’s a very limited take on things. Look at the power created by wealth, for example. Your view of a ‘free society’ is quite naive, simply because it ignores the way in which wealth and other power differences can distort a free market.

    Comment by jimmy1
    20.
    October 21, 2009
    4:04 pm

    Bryan,

    You ask me where do we go from here if we hold different conceptions of what it is to be a person or personhood?

    My answer would be (1) to first bring everyone/all sides to an awareness of the diversity of deep seated beliefs/conceptions held by all players to any particular debate (2) building from that awareness and while respecting that diversity aim for the maximum amount of consensus possible in framing any law.

    The “puzzled” thread never went there. It moved along at a more superficial level and went all over the place. If we first debated what different perceptions both parties (immigrants and irish citizens) have of their “personhood” and agreed that immigrants from certain cultures (e.g Africa) are wired through millenia to see their personhood through the “relational” lens as “western” people are “wired” to see through a more egocentric lens, then we can start the discussion from this base. It is from here that we can discuss and begin to undertstand why the perceptions of how one group think they should be treated by the other arise and vice versa.

    The first fundamental step to progress on immigration is not law or economics but understanding ourselves, understanding the other and understanding the relationship between both. That understanding leads to self-awareness which leads to a balanced emphatic dispassionate view of the problem on both sides.

    Once you have taken this step you can then start to talk about what laws to institute, what economic arguments to consider, etc.etc. But without this first step the debate bogs down in acrimony and divides rather than unites.

    What enriches us is our differences not our sameness. As human beings the more capable we become of living in harmony with diversity, the richer we become as people.So the roadmap is there. Embracing diversity is always the best direction for the human being.

    Patrick

    Bangkok

    Comment by Patrick Hennessy
    21.
    October 21, 2009
    5:02 pm

    When Liam says he wouldn’t choose a society like Cuba, it reminded me of another common criticism of the veil of ignorance. Even if someone has no knowledge of their own social status, race etc. the decision will still depend upon how risk adverse the individual is. Somebody who is risk-loving might choose Russia as their choice of society on the basis of the small chance of them becoming a wealthy oligarch. A particuarly risk adverse person would choose a socety with guaranteed egilitarianism, however. I guess it’s a bit of a technicality, but this means therefore, that the veil may not guarantee that people make choices based on the “common good”.

    Comment by getoffmycloud
    22.
    October 21, 2009
    6:25 pm

    @ Robespiere

    I really don’t want to seem like a pedant but just in case you are interested the Rousseau quote is actually:

    “Man is born free, and everywhere he is in chains.”

    Comment by getoffmycloud
    23.
    October 21, 2009
    9:28 pm

    Brian you could be right about Nozick , I was reviewing a few articles about him on the Mises site and he seems to get mixed reviews, there is a much stronger preference for Murray Rothbard who even Nozich was inspired to some extent by.

    Anyway it looks like I will have to delve into some of the old chinese classics

    “if someone can recognize an act of unjust aggression when it is perpetrated by one individual against another, but not when the same act is perpetrated by an organized group of individuals, such a person must be confused about right and wrong” Mo-tzu

    Comment by Liam
    24.
    October 22, 2009
    11:28 am

    robespierre – Put plainly I do not think rights and responsibilities should be arbitrated on separtely as often seems to be the case today in the application of “blind” justice.

    I agree in principle, but so far, I haven’t come across a theory of justice that emphasises responsibilities that is palatable. Granted I’ve only looked at Rawls, Nozick and Dworkin, but of the 3, Rawls’ conception of justice seems to me to make for the society I’d most like to live in. That said, I’m only a third of the way through a course on justice so there is still plenty of time for my opinion to change.

    Patrick – I’ve asked a few friends and some members of this blog this question a few times, but I feel I have to ask it again. Why aren’t you involved in Irish politics? I mean that not to flatter and I’m not being flippant. We don’t always agree, but I’m always really impressed by your clarity of thought and ability to see beyond distractions and look at the deeper underlying issue. And there are a few people of whom I could, and sometimes do say the same thing. So how come the general tenor of the overall public debate is so poor and how come national politics is so… so parochial to quote Peter Sutherland?

    I suppose at heart my question is how do you bridge the gap between thought, ideas, philosophic inquiry… and the political process?

    getoffmycloud – but isn’t the counter to that the fact that ideally there are deliberations of the collective behind the veil. So we come to a form of compromise that is based on our agreed fundamental values before we know how that agreement personally affects us.

    Liam – Great! Libertarianism as a culturally universal principle? You’re scaring me Liam!

    Comment by Bryan
    25.
    October 26, 2009
    12:15 am

    Bryan

    One thing to take into account these days with politics and politicians is the vast difference between its actual important the real economy vs. its importance in shaping society.

    Thirty years ago the two were much more closely aligned everywhere as central spending was a much greater contributor (proportionately) to national wealth. If the government spent 10bn in an Ireland with a GDP of 30bn then it is clear that it was central to economic activity as well as determining the societal climate.

    I know a few very capable young politicians both under 32 who are in the Dáil. They are talented and would succeed inside or outside politics. Really creative people however are choosing to operate in the private sector and the relative liberty one can enjoy there rather than entering the obscure arcana of the corridors of power and ending up waiting to one day, possibly, have a chance to have some limited legislative impact on the way we live.

    Comment by Robespierre
    26.
    October 29, 2009
    1:06 pm

    Bryan ,

    You have asked me twice why I am not involved in politics. At this point I do not want to put it all on a blog but if you send me your email address I will explain it to you.
    I hope this is not too much against blogland protocol.

    In summary what I can say on this blog is this and excuse me for a little boast to make a point. One assumes to be a politician one should be a public speaker. In 1977 I won the All ireland University Debating competition, the only time in its 60 years history that Maynooth won it. My debating contemporaries were Pat Rabitte and Mary Harney among others…….although as far as I know they did not win the same competition at any time !!

    So apparently I had the public speaking abilities and an education which would make me useful and potentially successful in politics. So why did’nt I then . And why do i still not join politics.

    The rest I will tell you in the email.

    Patrick

    Bangkok

    Comment by Patrick Hennessy

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