The adventures of a middle aged law student

Saturday, October 26, 2013

the original position

As defined by Rawls, the idea of the original position is that a well-ordered society is made of those who accept the same political concept of justice, and that they have arrived at this agreed concept by starting from behind the 'veil of ignorance'.  This veil precludes one from seeing the role that they have or will have in society, including the advantages or disadvantages that tend to issue from differences of wealth, intelligence, gender and race.

Thus each person represents a free and equal person, independent of the social position of the person they represent.  A free and equal person has the capacity for a sense of justice-they can understand and apply the rules; and they have the capacity to be motivated by what is of value in the human life.

It's a lot like deciding on the rules before you deal the cards.  And everyone gets the same number of cards.  Poker, anyone?

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