I think Dee is getting carried away. Rawls does say that our capacities are communal assets. Like Dee, at first
glance I find that a chilling thought. But it's important not to read
too much into it.
Rawls is not saying that society or the
majority can do whatever it wants with the
capacities of individuals -- for example, with the capacities of those people who are the most creative and
productive. He doesn't say anything like that. He doesn't say there
cannot be great inequality. What he does say is that the better endowed
can profit as much as possible as long as what they
do also benefits the worst off group in society. That's not exactly slavery.
What I think Rawls is trying to do is find rules that guarantee
that everyone profits from inequality.
As far as concrete goods being manna from
Heaven, I think Dee is wrong there too. Rawls specifically denied
that he takes that position. Nozick accused Rawls of that, but I
think he was also mistaken. As Rawls put it, "A distribution cannot be
judged in isolation from the system if which it is the outcome
or from what individuals have done in good faith in the light of
established expectations." [Theory
, section 14]
Nozick believes that "things come into being
already held" [Anarchy, State, and Utopia, p. 219]. Perhaps that's often true. But Nozick
assumes that if something comes into being already held, then the
holder has a very broad set of rights to that thing. Our
question is prior to that. We want to know just what sort of rights
the maker or holder should have to anything, including what they
make. Rawls believes that there are certain background conditions
that must be maintained in order for voluntary transactions among holdings to be
just. We can accept the results of such transactions if the
background conditions are maintained, but if the results of the transactions
undermine the necessary background conditions, then the transactions are no longer justified. Property rights
have to be constructed in such a way as to allow interference in
order to maintain those conditions.
There is nothing in the Original Position or
in the two principles to prevent individuals from having important claims
on things because they made them. But for Rawls
those claims are not the same as those defended by
libertarians.
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