1921-2002 CE
Justice is fairness — rational people behind a veil of ignorance would choose principles guaranteeing equal basic liberties and allowing inequalities only if they benefit the least advantaged.
John Bordley Rawls was born on 21 February 1921 in Baltimore, Maryland, into a prominent, wealthy family. His father, William Lee Rawls, was a successful lawyer; his mother, Anna Abell Stump Rawls, was active in civic reform, particularly women’s suffrage and civil rights. The family was Episcopalian, politically progressive, socially prominent.
John’s childhood was marked by tragedy that shaped him profoundly. In 1928, when he was seven, his younger brother Bobby (age 5) contracted diphtheria from John and died. Two years later (1930), another younger brother Tommy (age 2) contracted pneumonia from John and died. Two siblings dying from diseases John transmitted to them created lifelong guilt and sense of responsibility for others’ welfare. Some biographers suggest this trauma influenced his commitment to protecting the vulnerable and his rejection of utilitarianism’s willingness to sacrifice individuals.
He attended Kent School, an elite Episcopal boarding school in Connecticut, then entered Princeton University (1939). At Princeton, he studied philosophy, influenced by Norman Malcolm (Wittgenstein’s student) and others. He graduated summa cum laude (1943) with senior thesis on meaning and verification.
WWII interrupted. He was drafted into U.S. Army infantry (1943), serving in New Guinea, the Philippines, and Japan. He saw combat, witnessed death, experienced war’s brutality. After Japan’s surrender, he was part of occupation forces and witnessed Hiroshima’s destruction. The experience was transforming. He lost his Christian faith — he couldn’t reconcile a good God with war’s horrors and Hiroshima’s devastation. He also rejected utilitarianism emotionally — the bombing killed hundreds of thousands to potentially save more lives, but Rawls saw it as moral catastrophe, not justified trade-off. Individual lives couldn’t be sacrificed for aggregate utility.
After discharge (1946), he returned to Princeton for graduate study in philosophy. His doctoral work focused on ethics and political philosophy, though the field was moribund — dominated by logical positivism declaring ethical statements meaningless or mere expressions of emotion. Rawls thought political philosophy could be rigorous, substantive, important.
He completed his PhD (1950) and taught at Princeton (1950-52), then Cornell University (1953-59). In 1949, he married Margaret Fox, called Mardy. She was intelligent, supportive, understanding of his intense focus on work. They had four children (Anne, Robert, Alexander, Elizabeth). The marriage was stable, private, and lasted until his death.
Through the 1950s, he published articles developing his ideas about justice. “Outline of a Decision Procedure for Ethics” (1951), “Two Concepts of Rules” (1955), and “Justice as Fairness” (1958) laid groundwork for his major work. He was moving toward contractarian approach — justice principles are those free, equal, rational people would agree to under fair conditions.
In 1960-61, he spent sabbatical year at Stanford’s Center for Advanced Study in the Behavioral Sciences. There, isolated and focused, he made breakthrough progress on his theory. He moved to MIT (1960-62) as visiting professor, then to Harvard University (1962) where he remained until retirement.
At Harvard, he worked obsessively on A Theory of Justice for nearly twenty years. He published drafts, tested ideas in seminars, revised constantly. He was meticulous, shy, socially awkward but intellectually generous. Students revered him — he treated graduate students as colleagues, engaged their ideas seriously, stammered through lectures but illuminated profound questions.
In 1971, Harvard University Press published A Theory of Justice, over 600 pages presenting systematic liberal political philosophy. The book made three central claims:
1. **Justice as fairness**: Justice principles are those free, equal, rational persons would choose under fair conditions — the “original position” behind a “veil of ignorance” where no one knows their place in society, talents, conception of the good, risk attitudes, generation, etc. This ensures fairness — principles can’t be biased toward particular individuals or groups.
2. **Two principles of justice**: From the original position, people would choose: (a) Equal basic liberties for all (freedom of speech, conscience, association, political participation, etc.) — lexically prior to other principles. (b) Socioeconomic inequalities are just only if: (i) attached to positions open to all under fair equality of opportunity, and (ii) they benefit the least advantaged (the “difference principle”).
3. **Priority of liberty**: Basic liberties can’t be traded for economic gain. Against utilitarianism, individual rights can’t be sacrificed for aggregate welfare. Against libertarianism, natural market outcomes aren’t automatically just.
The book was sensation. It revived political philosophy, sparking decades of debate. Critics attacked from all sides. Libertarians (Robert Nozick in Anarchy, State, and Utopia, 1974) argued Rawls’s redistribution violates rights. Communitarians (Michael Sandel, Alasdair MacIntyre, Charles Taylor) argued his abstract individualism ignores community and tradition. Feminists (Susan Moller Okin) argued the family needs justice too. Marxists found it bourgeois. But everyone engaged it — Rawls made political philosophy central again.
He responded patiently, revising. He acknowledged the family objection — justice applies within families. He clarified his difference principle — it’s not maximin (maximize the minimum) but benefiting the worst-off while allowing incentives. He defended liberty’s priority against utilitarian trade-offs.
In 1993, he published Political Liberalism, major revision addressing stability and pluralism. He argued: modern democracies are characterized by reasonable pluralism — citizens hold incompatible but reasonable comprehensive doctrines (religious, philosophical, moral worldviews). His original Theory grounded justice in Kantian autonomy — a particular comprehensive doctrine. But pluralistic society can’t be stable if justice depends on one controversial doctrine.
Solution: political liberalism. Justice principles must be political, not metaphysical — freestanding from comprehensive doctrines, justified through overlapping consensus. Citizens with different worldviews can endorse the same political principles for different reasons (Catholic from human dignity, Kantian from autonomy, utilitarian from welfare, etc.). This makes liberal justice stable and respectful of pluralism.
The book was challenging, abstract, but influential. It showed how liberalism can respect diversity while maintaining principled justice.
In 1999, he published The Law of Peoples, extending his theory to international justice. Just nations respect human rights, don’t wage aggressive war, assist burdened societies. But he didn’t require global difference principle — peoples, not individuals, are primary actors internationally. This disappointed cosmopolitans who wanted global egalitarianism.
In 2001, he published Justice as Fairness: A Restatement, final synthesis of his views incorporating revisions and clarifications from decades of debate.
Through the 1990s, his health declined. He suffered first stroke (1995), then more strokes. His speech and mobility were affected. Yet he continued working, revising, thinking. His final years were spent with Mardy, children, grandchildren. He remained engaged with philosophy despite physical limitations.
He died on 24 November 2002 in Lexington, Massachusetts, from heart failure. Memorial services celebrated his life and work. Tributes poured in from philosophers, politicians, citizens worldwide. He had transformed political philosophy, defended liberalism against critiques, and shown justice could be systematic, rigorous, and humane.
"Justice is the first virtue of social institutions, as truth is of systems of thought."
— A Theory of Justice (1971), opening sentence — establishing justice's fundamental importance
"Each person possesses an inviolability founded on justice that even the welfare of society as a whole cannot override."
— A Theory of Justice — rejecting utilitarianism's willingness to sacrifice individuals for aggregate good
"The naturally advantaged are not to gain merely because they are more gifted, but only to cover the costs of training and education and for using their endowments in ways that help the less fortunate as well."
— A Theory of Justice — the difference principle requiring inequalities to benefit the worst-off
Rawls’s political philosophy centers on justice as fairness — principles free, equal, rational persons would choose under fair conditions.
The original position: Rawls’s central device is hypothetical thought experiment. Imagine people choosing principles of justice behind a “veil of ignorance” — they don’t know their place in society (class, race, gender), natural talents, conception of the good life, risk attitudes, generation, particular society. This ensures fairness — principles can’t be biased. They do know general facts about human society, economics, psychology (no particular facts about themselves).
Behind the veil, people are rational (pursuing their conception of the good effectively) and mutually disinterested (not altruistic but not envious). What principles would they choose?
Rawls argues they’d choose his two principles: (1) Equal basic liberties for all. (2) Social and economic inequalities arranged so they’re (a) to greatest benefit of least advantaged (difference principle), and (b) attached to positions open under fair equality of opportunity.
Why? Basic liberties (conscience, speech, association, political participation, due process) are crucial for any conception of the good life. Everyone needs them, so everyone gets them equally. Regarding inequalities: behind the veil, you might be worst-off. Rational choice is maximin-like (though Rawls denies strict maximin) — ensure the worst position is as good as possible. Allow inequalities only if they raise the floor, benefiting everyone including the worst-off through incentives, investment, productivity.
Two principles explained: First principle (equal basic liberties) includes freedom of thought and conscience, political liberties (voting, running for office), freedom of association, personal liberty (freedom from arbitrary arrest), and rights protected by rule of law. These are lexically prior — they can’t be traded for economic gain.
Second principle has two parts: Fair equality of opportunity means positions must be open to all with similar talents and willingness to work. It’s not just formal equality (no legal barriers) but substantive (education, resources enable competition). This goes beyond libertarian equality (careers open to talents) but doesn’t require equal outcomes.
The difference principle allows inequalities if they benefit the least advantaged. Not equality of outcomes but constrained inequality. Talented people can earn more if their productivity raises living standards for the worst-off (through jobs created, tax revenue redistributed, innovation). But natural talents don’t create desert — you don’t deserve your genes; society should arrange for talents to benefit everyone.
This creates property-owning democracy (Rawls’s preferred system) or liberal socialist state — not welfare-state capitalism (which allows too much inequality) or command economy (which violates liberties). Widespread ownership of productive assets, strong education, redistribution ensuring fair value of political liberties.
Reflective equilibrium: How do we test principles? Rawls’s method: reflective equilibrium. Start with considered judgments (slavery is wrong, religious freedom is valuable). Formulate principles explaining them. Check principles against cases. If principles yield unacceptable conclusions, revise principles or judgments. Go back and forth until equilibrium.
This isn’t foundationalism (deriving everything from basic axioms) or coherentism (mere internal consistency) but holistic method balancing intuitions and principles.
Against utilitarianism: Rawls spent decades arguing against utilitarianism — the dominant moral theory when he started. Utilitarianism says: maximize overall utility (happiness, preference-satisfaction). This allows sacrificing individuals for aggregate good — enslave minority if it makes majority very happy; punish innocents to deter crime; sacrifice basic liberties for economic growth if net utility is positive.
Rawls says: this violates the separateness of persons — individuals aren’t fungible units in aggregate calculus. Each person has inviolability. Justice forbids sacrificing anyone for others’ benefit. Basic liberties are protected absolutely (lexical priority).
Utilitarians replied: rule-utilitarianism protects rights because rights maximize utility long-term. Rawls: but then you’d violate rights when utility demanded it. His rights are absolute, not contingent on utility.
Against libertarianism: Robert Nozick’s Anarchy, State, and Utopia (1974) attacked Rawls from the right. Nozick: justice is entitlement — whatever arises from just acquisition and transfer is just. No “patterned” principles (like Rawls’s difference principle) are legitimate. Taxation for redistribution is forced labor.
Rawls replied: natural talents are morally arbitrary — you don’t deserve your genes. Society should arrange for talents to benefit everyone. The original position shows rational people would reject pure entitlement theory — it risks extreme deprivation. Fair cooperation requires difference principle.
Debate continues. Libertarians call Rawls’s redistribution theft; egalitarians call libertarianism heartless. Rawls seeks middle ground — markets constrained by justice.
Against communitarianism: Michael Sandel, Alasdair MacIntyre, Charles Taylor attacked Rawls’s liberalism as atomistic, individualist, ignoring community and tradition. Sandel: the “unencumbered self” behind the veil is incoherent — we’re constituted by communities, roles, traditions.
Rawls replied: the original position is device for choosing principles, not metaphysical claim about the self. We can abstract from particular identities to discern fair principles. And justice allows diverse communities within liberal framework — it doesn’t require rejecting tradition, only respecting others’ equal freedom.
Political liberalism: In Political Liberalism (1993), Rawls addressed stability. Pluralistic democracies contain citizens with incompatible but reasonable comprehensive doctrines (Catholic, Protestant, secular humanist, utilitarian, Kantian, etc.). Can liberal justice be stable when citizens disagree fundamentally?
Rawls’s solution: justice as fairness must be political, not metaphysical. Don’t ground it in controversial comprehensive doctrine (Kantian autonomy, utilitarian welfare). Instead, present it as freestanding political conception that reasonable citizens can endorse from within their diverse doctrines.
Overlapping consensus: Catholics endorse justice from human dignity; Kant
ians from autonomy; utilitarians from welfare maximization; etc. They converge on same political principles for different reasons. This overlapping consensus makes justice stable.
Public reason: In political discourse about constitutional essentials and basic justice, citizens should use public reasons — reasons all can accept given shared political conception. Not sectarian religious or comprehensive philosophical reasons. This respects pluralism while maintaining reasoned public deliberation.
Reasonable pluralism: Modern democracies inevitably produce reasonable disagreement about comprehensive doctrines. Free institutions under liberty of conscience lead to diversity. This is permanent, not temporary. Political liberalism must accommodate it.
International justice: The Law of Peoples extends justice to international relations. Well-ordered peoples (liberal democracies and “decent hierarchical” consultation hierarchies) respect human rights, avoid aggressive war, and assist burdened societies. But no global difference principle — peoples, not individuals, are primary. Wealthy societies must help burdened societies reach adequacy, not equalize globally.
This disappointed cosmopolitans (Thomas Pogge, Charles Beitz) who wanted global difference principle. Rawls thought peoples’ self-determination matters; global redistribution undermines it. Debate continues.
Influence on law and policy: Rawls influenced constitutional interpretation (Ronald Dworkin), welfare policy, healthcare debates (Norman Daniels on just health care), education policy (equal opportunity), tax policy (optimal taxation considering difference principle), and affirmative action debates. Supreme Court justices cite him. Philosophers debate him globally.