I
think the most important thing is to understand how Rawls thinks he can generate
substantive principles of justice.
First of all, he wants to reduce the problem of finding principles of justice to
a procedural problem. He defines what he calls "pure procedural
justice." Here's how it works:
- Perfect procedural justice occurs when there is an
independent way to identify the proper outcome and a procedure
that always generates that outcome. If we are dividing a cake,
the old idea of "one picks and one chooses" gives us
a good approximation of the desired outcome nearly all the
time. It comes close to perfect procedural justice.
- Imperfect procedural justice
occurs when there is an independent way to identify the proper
outcome but there is no procedure that always generates that
outcome. A criminal trial is an example. The desired outcome
is that guilty people are convicted and innocent people are
set free. But no procedure can come close to producing
this outcome all the time.
- Pure procedural justice occurs when there is no
independent way to identify the proper outcome. The proper
outcome is simply the outcome that is generated by a proper procedure. For example, in a lottery the outcome is fair not
because the 'right' person gets the prize but because the
procedure is fair and it is carefully followed. There is no way
to identify the proper outcome except by working through the
procedure. Whatever the procedure produces is the proper
outcome.
Second, Rawls wants to revive and develop the modern social contract tradition of Locke, Rousseau,
and Kant. Rawls' contract is only hypothetical, but it is
the basis of his entire theory. The connection between pure procedural justice
and the social contract is the idea that if the contract
takes place in a properly constructed situation, then the principles agreed
to are the 'correct' principles of justice precisely because they
have been agreed to or chosen in that situation.
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