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This coin is known as the maximin option, the uncertain game with the best worst outcome. In distributive justice, the maximin option would be the one in which the least advantaged, whoever it may be, will be guaranteed a certain payoff by society, whether it is in food, shelter, employment, healthcare, or education, at the expense of a higher payoff for others.
Rawls’ position is thus unique, in that he constructs it from no particular conception of the good except that of respecting individual autonomy at the inception of political principles. Unlike most advocates of distributive justice, he does not conclude his principles from some objective conception of the good, but only from a rational contractarian decision by agents to properly define the rules of social cooperation.
Objections a la Nozick and me
In opposition to Rawls, Nozick questions the validity of defining justice as some pattern of holdings- a material end-state. He holds that any theory of justice must either be end-result or historical, and either patterned or unpatterned. Nozick’s “entitlement” theory is historical and unpatterned; in short, a just distribution of wealth does not require any correspondence to some pattern (moral merit, need, etc. but merely the appropriate history of how it was acquired. Nozick thus emphasizes the importance of “justice in acquisition” and “justice in transfer,” as opposed to “justice in holdings,” an important concept in the thought of the economic left.
Central to Nozick’s objections to Rawls is his assertion that liberty inevitably disrupts patterned holdings. An important part of ownership is the freedom to transfer things to others. This means that any given distribution, after it is allocated, will be immediately changed so long as individuals choose to freely exchange their possessions. In order for a principle of patterned distributive justice to be consistent, it must always be applied; thus, the only means of guaranteeing any specific distribution is by constant interference in the economy or the abolition of free individual exchange. In light of that, Nozick observes the alienation from the source of wealth caused by patterned distribution principles. Wealth is implicitly taken as a given thing to be divided, when, in fact, how it is divided affects how much wealth there will be over time.
Rawls’ general process of justification for welfare merits interpretation and criticism. The original position (OP) is flawed as an accurate representation of the frame in which valid principles of government, if there are any which do exist, should be determined. Assuming a group has no choice but to endure conditions in the OP as set forth by Rawls, their strategy makes sense. Discussing the OP from a different angle yields additional insight into its nature. With a specific focus on those issues of justice relating to property, we can reformulate the OP as a new thought experiment, in this manner: our world as we know it- with the rich and poor, the talented and untalented, etc. must have a “Rawlsian original position” convention in order to determine the proper principles of justice. In order to do so, everyone must leave his actual person and move behind the veil of ignorance. Thus, an agent whose actual person is rich by talent and hard work will be unaware of his actual status, and, in accordance with his rational interest in the original position, will have no choice but to accept the maximin set of rules and unwittingly sacrifice his wealth.
To implicitly reiterate this formulation, Nozick cites an example of students taking an examination who decide to go to the original position to determine what the criteria for grading the test should be. Each party in this contract will seek to secure the best arrangement for himself. The maximin option will likely entail that what will not be chosen is a policy based on what students earn through their performances.
This exposes a pair of critical observations about Rawls’ argument: first, that it depends on the notion that gains from differences in nature are “unfair,” “undeserved,” or “morally arbitrary”; second, that individual merit (such as choosing to work hard to develop one’s talents instead of lazily watching television) is not relevant. His argument shifts from one position which (reasonably) says that “deserved” is not a valid descriptor of natural endowments, to another that holds that those endowments are explicitly “undeserved.
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