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 JUSTICE AS FAIRNESS

A Restatement

)
Justice as Fairness
A RESTATEMENT

John Rawls
Edited by Erin Kelly

T H E BELKNAP PRESS OF
HARVARD UNIVERSITY PRESS
Cambridge, Massachusetts
London, England
2001
C o p y r i g h t © 2001 by the President and Fellows of Harvard College

All rights reserved

Printed in the United States of America

Library of Congress Gataloging-in-Publication Data

Rawls,John, 1921-

Justice as fairness : a restatement / John R a w l s ; edited b y Erin Kelly,

p. cm.

Includes bibliographical references and index.

I S B N 0-674-00510-4 (cloth : alk. p a p e r ) — I S B N 0-674-00511-2 ( p b k . : alk. paper)

1. Justice. 2. Fairness. I. Kelly, Erin. II. T i d e .

J C 5 7 8 .R3693 2001

32o'.oi'i—dc2i

00-065034
For m y c h e r i s h e d friend a n d v a l u e d c o l l e a g u e ,
B u r t o n D r e b e n , to w h o m I o w e so m u c h
Contents

Editor's Foreword xi

Preface xv

PART i Fundamental Ideas 1

§1. Four Roles o f Political Philosophy 1

§2. Society as a Fair System of Cooperation 5
§3. T h e Idea of a Weil-Ordered Society 8
§4. T h e Idea of the Basic Structure 10
§5. Limits to O u r Inquiry 12
§6. T h e Idea of the Original Position 14
§7. T h e Idea o f Free and Equal Persons 18
§8. Relations between the Fundamental Ideas 24
§9. T h e Idea of Public Justification 26
§10. T h e Idea of Reflective Equilibrium 29
§11. T h e Idea of an Overlapping Consensus 32

PART 11 Principles ofJustice 39

§12. T h r e e Basic Points 39

§13. T w o Principles of Justice 42
§14. T h e Problem of Distributive Justice 50
§15. T h e Basic Structure as Subject: First Kind of Reason 52
§16. T h e Basic Structure as Subject: Second Kind o f Reason 55
Vlll Contents

§17. W h o Are the Least Advantaged? 57

§18. T h e Difference Principle: Its Meaning 61
§19. Objections via Counterexamples 66
§20. Legitimate Expectations, Entidement, and Desert 72
§21. O n Viewing Native Endowments as a C o m m o n Asset 74
§22. Summary Comments on Distributive Justice and Desert 77

PART in The Argument from the Original Position 80

§23. T h e Original Position: T h e Set-Up 80

§24. T h e Circumstances of Justice 84
§25. Formal Constraints and the Veil of Ignorance 85
§26. T h e Idea of Public Reason 8g
§27. First Fundamental Comparison Q4
§28. T h e Structure of the Argument and the Maximin Rule 97
§29. T h e Argument Stressing the T h i r d Condition 101
§30. T h e Priority of the Basic Liberties 104
§31. A n Objection about Aversion to Uncertainty 106
§32. T h e Equal Basic Liberties Revisited 111
§33. T h e Argument Stressing the Second Condition 115
§34. Second Fundamental Comparison: Introduction ug
§35. Grounds Falling under Publicity 120
§36. Grounds Falling under Reciprocity 122
§37. Grounds Falling under Stability 124
§38. Grounds against the Principle of Restricted Utility 126
§39. Comments on Equality 130
§40. Concluding Remarks 132

PART iv Institutions of a Just Basic Structure 135

§41. Property-Owning Democracy: Introductory Remarks 135

§42. Some Basic Contrasts between Regimes 138
§43. Ideas of the G o o d injustice as Fairness 140
§44. Constitutional versus Procedural Democracy 145
§45. T h e Fair Value of the Equal Political Liberties 148
§46. Denial of the Fair Value for Other Basic Liberties 150
§47. Political and Comprehensive Liberalism: A Contrast 153
§48. A Note on Head Taxes and the Priority of Liberty 157
§49. Economic Institutions of a Property-Owning Democracy 158
Contents IX

§50. T h e Family as a Basic Institution 162

§51. T h e Flexibility of an Index of Primary G o o d s 168
§52. Addressing Marx's Critique of Liberalism 176
§53. Brief Comments on Leisure T i m e ljg

PART v The Question of Stability 180

§54. T h e Domain of the Political 180

§55. T h e Question of Stability 184
§56. Is Justice as Fairness Political in the Wrong Way? 188
§57. H o w Is Political Liberalism Possible? 189
§58. A n Overlapping Consensus Not Utopian 192
§59. A Reasonable Moral Psychology ig§
§60. T h e G o o d of Political Society 198

Index 203
Editor's Foreword

In A Theory of Justice (1971), John Rawls proposed a conception of justice

1
that he called "justice as fairness." According to justice as fairness, the
most reasonable principles of justice are those that w o u l d be the object o f
mutual agreement by persons under fair conditions. Justice as fairness thus
develops a theory of justice from the idea o f a social contract. T h e princi­
ples it articulates affirm a broadly liberal conception of basic rights and lib­
erties, and only permit inequalities in wealth and income that would be to
the advantage o f the least well off.
In "Justice as Fairness: Political N o t Metaphysical" (1985), Rawls began
to develop the idea that an account ofjustice with liberal content is best un­
2
derstood as a political conception. A political conception of justice is justi­
fied by reference to political values and should not be presented as part of a
more "comprehensive" moral, religious, or philosophical doctrine. T h i s
3
idea is central to Political Liberalism (1993). Under the political and social
conditions o f free institutions, we encounter a plurality o f distinct and in­
compatible doctrines, many of which are not unreasonable. Political liberal­
ism acknowledges and responds to this "fact o f reasonable pluralism" by
showing h o w a political conception canfitinto various and even conflicting
comprehensive doctrines: it is a possible object o f an overlapping consen­
sus between them.

1. A Theory of Justice ( C a m b r i d g e , M a s s . : H a r v a r d U n i v e r s i t y P r e s s , 1 9 7 1 ; rev. e d . , 1 9 9 9 ) .

2. "Justice as F a i r n e s s : P o l i t i c a l N o t M e t a p h y s i c a l , " Philosophy and Public Affairs 1 4
( S u m m e r 1985): 223-252.
3 . Political Liberalism ( N e w York: C o l u m b i a University Press, 1993).
xii Editor's Foreword

Developing the idea of political liberalism has led Rawls to reformulate

his presentation and defense of justice as fairness. Whereas A Theory of
Justice presented justice as fairness as part of a comprehensive liberal out­
look, this restatement shows how it can be understood as a form of political
liberalism. Indeed, Rawls presents justice as fairness as the most reasonable
form of political liberalism. In doing so, he recasts the basic arguments for
the two principles of justice that are central to a conception of justice as
fairness.
T h i s b o o k originated as lectures for a course on political philosophy that
Rawls taught regularly at Harvard in the 1980s. T h e course included a
study of the works o f historically important figures (Hobbes, Locke, Rous­
seau, Kant, Hegel, Mill, and Marx) and also presented the fundamentals of
Rawls's own view. T h e lectures on justice as fairness were distributed to
the class in written form, at first to supplement reading assignments from A
Theory of Justice. T h e y addressed questions not taken up in Theory, and
corrected what Rawls had come to see as mistakes in some of Theory's ar­
guments. Later the lectures were presented on their own, as a more or less
complete restatement of the theory ofjustice as fairness. B y 1989 the manu­
script had evolved into something close to its current form.
Rawls did revise the manuscript again in the early 1990s as he completed
Political Liberalism. It is not, however, substantially different from the 1989
version, except for the addition of §50 on the family. After the publication
of Political Liberalism, Rawls turned his attention to a number of other
4
works, including The Law of Peoples, which was originally to be Part V I of
this restatement. T h e rest, now published, are "Reply to Habermas," an in­
troduction to the paperback edition of Political Liberalism, and " T h e Idea
5
of Public Reason Revisited." Ideas from those works are found here,
though not always as fully developed as in their already published form.
Because of illness, Rawls has been unable to rework the manuscript in its
final state, as he had planned. Still, most of the manuscript was nearly com­
plete. Parts I V and V are the most unfinished, and with more time, surely
Rawls would have filled out those sections and integrated them more fully
with the first three parts. Part I V reads as addenda to the more detailed and

4. The Law of Peoples (Cambridge, Mass.: Harvard University Press, 1 9 9 9 ) -

5 . "Reply to Habermas," Journal of Philosophy 9 2 (March 1 9 9 5 ) : 1 3 2 - 1 8 0 , reprinted in
the paperback edition of Political Liberalism ( 1 9 9 6 ) ; "The Idea of Public Reason Re­
visited," University of Chicago Law Review 6 4 (Summer 1 9 9 7 ) : 7 6 5 - 8 0 7 , reprinted in Col­
lected Papers, ed. Samuel Freeman (Cambridge, Mass.: Harvard University Press, 1 9 9 9 ) , and
in The Law of Peoples.
Editor's Foreword xiii

free-standing Parts I—III. Part V is a preliminary effort to reformulate the ar­

guments for the stability of justice as fairness that were presented in Part
T h r e e of A Theory of Justice. Using the notion o f an overlapping consen­
sus, Part V argues for the stability ofjustice as fairness as a political concep­
tion of justice, an idea pursued in Political Liberalism and the more recent
works. Although they are unfinished, Parts I V and V present important
pieces o f the overall argument for justice as fairness. T h e editorial decision
has been to leave them, as well as the other parts of the book, mostly un­
touched. Some sections were reordered so as to introduce basic distinc­
tions earlier. W h a t is now §42 originally followed §50, §47 followed §44,
§§55 and 57 were reversed, and §56, which had been the last section of Part
V, has been inserted between them.
Additional changes involved the following. References to Part V I , " T h e
Law of Peoples," have been removed. Some exposition o f basic concepts,
such as the veil o f ignorance, has been added. Where this was done, the
wording was drawn from A Theory of Justice and Political Liberalism, and
footnotes to those works have been added accordingly and bracketed.
T h r o u g h o u t , the approach to making changes has been conservative. Revi­
sions were kept to a minimum and care has been taken not to alter the sub­
stance of what Rawls wrote. All changes were made with the author's
knowledge.
I am grateful for the help I received in preparing this manuscript. I
would especially like to acknowledge Joshua C o h e n and Mard Rawls, both
of w h o m worked through the text with me in detail. T h e i r critical j u d g m e n t
and numerous suggestions were extremely valuable. For their useful ad­
vice, I would also like to thank Arnold Davidson, Barbara Herman, Percy
Lehning, Lionel McPherson, and T. M . Scanlon.
Justice as Fairness
A RESTATEMENT

John Rawls

THE BELKNAP PRESS OF

HARVARD UNIVERSITY PRESS

Cambridge, Massachusetts
London, England
2001
 Preface

In this w o r k I have t w o aims. O n e is to rectify the more serious faults in A

1
Theory of Justice that have o b s c u r e d the main ideas o f justice as fairness,
as I called the c o n c e p t i o n o f j u s t i c e presented in that b o o k . Since I still
have confidence in those ideas a n d think the more important difficulties
can b e met, I have undertaken this reformulation. I try to improve the e x p o ­
sition, to correct a n u m b e r o f mistakes, to include some useful revisions,
and to indicate replies to a f e w o f the more c o m m o n objections. I also re­
cast the argument at m a n y points.
T h e other aim is to c o n n e c t into one unified statement the c o n c e p t i o n o f
justice presented in Theory a n d the main ideas found in m y essays b e g i n ­
ning w i t h 1974. Theory itself w a s nearly six h u n d r e d pages and the more
relevant essays (of w h i c h there are about ten) bring the total close to a thou­
2
sand p a g e s . Moreover, the essays are not fully c o m p a t i b l e , and ambiguities

1. In 1975 I made revisions for the first foreign translation o f A Theory of Justice (1971,
rev. e d . 1999). T h e s e have appeared in many subsequent foreign translations but never, b e ­
fore 1 9 9 9 , in English. T h e revised edition rectifies that situation (it contains no further revi­
sions). W h e n these lectures were given, the revisions, some o f w h i c h address problems dis­
cussed in the lectures, were not available in English, and it was assumed the students h a d
only the original text. Therefore, some references to Theory in this restatement may b e to
discussions that d o not appear in the revised edition. In these cases, pages in the first edition
are indicated. A l l other page references are to the revised edition. References will always in­
clude the section number, w h i c h is the same in both editions.

2. Here I list the more relevant essays for reference: " R e p l y to A l e x a n d e r and Musgrave,"
Quarterly Journal of Economics 88 ( N o v e m b e r 1974): 6 3 3 - 6 5 5 ; "A Kantian C o n c e p t i o n o f

;
XVI Preface

in stating various ideas—for example, that o f an overlapping consensus—

make it difficult to find a clear and consistent view. T h e interested reader is
entitled to assistance in seeing how these essays and Theory might fit to­
gether, where the revisions go and what difference they make. T h i s assis­
tance I try to provide b y presenting in one place an account of justice as
fairness as I now see it, drawing on all those works. I have tried to make this
reformulation more or less self-contained.
For those w h o have some acquaintance with Theory, the main changes
are of three kinds: first, changes in the formulation and content o f the two
principles of justice used in justice as fairness; second, changes in h o w the
argument for those principles from the original position is organized; and
third, changes in how justice as fairness itself is to be understood: namely,
as a political conception of justice rather than as part of a comprehensive
moral doctrine.
T o explain: two examples of changes of the first kind are these: one is a
quite different characterization of the equal basic liberties and their priority,
a change required to meet the forceful criticisms raised by H . L . A . Hart
(§13); another is a revised account of primary goods which connects them
with the political and normative conception o f citizens as free and equal
persons, so that these goods no longer appear (as many pointed out to me,
including Joshua C o h e n and Joshua Rabinowitz) to be specified solely on
the basis o f psychology and human needs (§17). I also try to meet objec­
tions raised by Amartya Sen (§51).

Equality," Cambridge Review 96 (1975): 94-99, and reprinted as "A Well-Ordered Society"
in Philosophy, Politics, and Society, 5th ser., ed. Peter Laslett and James Fishkin (New Ha­
ven: Yale University Press, 1979); "Fairness to Goodness," Philosophical Review 84 (Octo­
ber 1975): 536-555; "The Basic Structure as Subject," Values and Morals, ed. Alan Goldman
and Jaegwon Kim (Dordrecht: D . Reidel, 1978); "Kantian Constructivism in Moral Theory,"
Journal of Philosophy 77 (September 1980): 515-572; "Social Unity and Primary Goods," in
Utilitarianism and Beyond, ed. Amartya Sen and Bernard Williams (Cambridge: Cam­
bridge University Press, 1982); "The Basic Liberties and Their Priority," Tanner Lectures on
Human Values, vol. 3, ed. Sterling McMurrin (Salt Lake City: University of Utah Press,
1982); "Justice as Fairness: Political Not Metaphysical," Philosophy and Public Affairs 14
(Summer 1985): 223-252; " O n the Idea of an Overlapping Consensus," Oxford Journal of
Legal Studies 7 (February 1987): 1-25; "On the Priority of Right and Ideas of the Good,"
Philosophy and Public Affairs 17 (Fall 1988): 251-276; "The Domain of the Political and
Overlapping Consensus," Mew York Law Review 64 (June 1989): 233-255. These essays are
occasionally noted in the footnotes of the text, sometimes by an obvious abbreviation. Ex­
cepting "The Basic Structure as Subject" and "The Basic Liberties and Their Priority,"
these all appear in John Rawls, Collected Papers, ed. Samuel Freeman (Cambridge, Mass.:
Harvard University Press, 1999).
Preface xvii

T h e main change of the second kind is a division o f the argument from

the original position for the two principles of justice into two fundamental
comparisons. In one comparison the two principles are compared with the
principle o f (average) utility. In the other comparison the two principles are
compared with a modification o f themselves formed by substituting for the
difference principle the principle o f (average) utility constrained by a mini­
mum. T h e s e two comparisons enable us to separate the reasons for the first
principle of justice, covering the basic liberties, and for the first part of the
second, that o f fair equality o f opportunity, from the reasons for the other
part o f the second principle, the difference principle. In contrast to what
the exposition in Theory may suggest, this division o f the argument shows
that the reasons for the difference principle do not rest (as K. J. Arrow and
J. C . Harsanyi and others have not unreasonably thought) on a great aver­
sion to uncertainty viewed as a psychological attitude (§§34-39)- T h a t
would be a very weak argument. Rather, the appropriate reasons rest on
such ideas as publicity and reciprocity.
Changes o f the third kind arise in clarifying h o w justice as fairness is to
be understood. Theory never discusses whether justice as fairness is a com­
prehensive moral doctrine or a political conception of justice. In one place
it says {Theory, §3: 15) that if justice as fairness succeeds reasonably well,
the next step would be to study the more general view suggested by the
name "lightness as fairness." Even though the problems examined in The­
ory in any detail are always the traditional and familiar ones of political and
social justice, the reader can reasonably conclude that justice as fairness
was set out as part of a comprehensive moral doctrine that might be devel­
oped later should success encourage the attempt.
T h i s restatement removes that ambiguity: justice as fairness is now pre­
sented as a political conception of justice. T o carry out this change in how
justice as fairness is to be understood forces many other changes and re­
quires a family of further ideas not found in Theory, or at least not with the
same meaning or significance. Besides the introduction of the idea of a p o ­
litical conception of justice itself, w e need the idea o f an overlapping con­
sensus of comprehensive, or partially comprehensive, religious, philosophi­
cal, and moral doctrines in order to formulate a more realistic conception of
a well-ordered society, given the fact of pluralism o f such doctrines in a lib­
eral democracy. We also need the ideas o f a public basis ofjustification and
of public reason, as well as certain general facts o f commonsense political
sociology, some o f which are accounted for by what I call the burdens o f
judgment, again an idea not used in Theory.
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