Rawls on Justice as Fairness 授課教師：陳嘉銘 【本著作除另有註明外，採取創用CC「姓名標示－非商業性－相同方式分享」台灣3.0版

Meritocracy A system in which the talented are chosen and moved ahead on the basis of their achievement. (Merriam-Webster Dictionary) Merit: 表現、成績、功績、功勞 Do those chosen and rewarded really deserve(應得、值得) these advantages and benefits? Is it fair?

What is social justice? (the role of social justice) 1. A society is a cooperative venture of mutual advantage that advances the participant’ good. (a)an identity of interests: without such cooperation no one could have a satisfactory life. (b)a conflict of interests: everyone wants a larger share than less. 2. The major social institutions of the society define fundamental rights and duties and distribute the division of advantage from social cooperation. Their effects on each person’s life prospect are deep and pervasive from the start. 2. A set of principle is required for choosing among the various social arrangements of these major institutions. 3. Principles of justice provide the basic terms of cooperation, of assigning rights and duties and define the appropriate distribution of the benefits and burdens of social cooperation.

What is social justice? (the role of social justice) 4.Men disagree about such principles, but they each have a conception of justice, that is, they understand the need for, and are prepared to affirm, such principles. 5. A viable society of cooperation has to solve these four problems: justice(some degree of agreement ), coordination, efficiency, stability. Justice is the first virtue, but also widely connected to other problems.

What is the subject of social justice? 1.The primary subject of social justice is the major social institutions (or the basic structure of the society) that distribute fundamental rights and duties and determine the division of advantage from social cooperation. 2.Examples of major institutions: legal protection of liberties, competitive markets, private property, family 3. The effects of the basic structure on people’s life prospects are deep and pervasive from the start. People were born into different starting social positions that have different life expectations determined by the major institutions. These are deep inequalities. 3. The relevant starting social positions: (a)wealth and income (b)sex/race/ethnic

怎麼推理出這些正義的原則? 1.用契約論看看 (但同意對象不是加入社群或者政府形式) 2.Principles of justice: Free and rational persons, concerned to further their own interests in social cooperation, choosing together in one joint act, would agree in a fair initial position. 3.Since ‘no one could have a satisfactory life without such cooperation’, ‘the division of advantage should be such as to draw forth the willing cooperation of everyone taking part in it, including those less well situated.’ 4.Those terms of distribution which cannot be said to ‘deserve’ cannot expect the willing cooperation of others. 5.‘closest to being voluntary’: ‘as close as…being a voluntary scheme, for it meets the principles which free and equal person would assent to under circumstances that are fair…autonomous..the obligations they recognize self-imposed.’

初步直覺：我們會提出來的公平合作條件 A general conception of justice All social primary goods – liberty and opportunity, income and wealth, and the bases of self-respect – are to be distributed equally unless an unequal distribution of any and all of these goods is to the advantage of the least favored.

What can be a fair initial position? 排除掉morally arbitrary(不deserve)影響分配的因素，特別是那些社會與自然的偶然性（social and natural contingencies） The Veil of Ignorance 1.Starting social position 2.Natural talents and abilities 3.His conception of the good 4.Special features of his psychology (aversion to risk; optimism) 5.Which generation of the society 這是假設的狀態、假設的契約(hypothetical contract)。任何人都可以在任何時候，在進行理性思辨時，給予自己這些限制和條件，達成某個「這些條件導致的公平」的結論。

Two Principles of Justice ‘would be’ agreed by the parties in the initial condition First Principle: Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all. Second Principle: Social and economic inequalities are to be arranged so that they are both: (a)to the greatest benefit of the least advantaged, consistent with the just saving principle, and (b)attached to offices and positions open to all under conditions of fair equality of opportunity. (A Theory of Justice, §46)

Principle of Efficiency(Pareto Optimality): A configuration is efficient whenever it is impossible to change it so as to make some persons better off without at the same time making other persons worse off. Difference Principle: Unless there is a distribution that makes both persons better off, an equal distribution is preferred.

版權聲明 頁碼 作品 版權標示 作者/來源 1-13 本作品轉載自http://www.templateswise.com/ 設計範本，造訪日期：2016年09月13日 依據著作權法第 46、52、65 條合理使用 2 A system in which ……their achievement Merriam-Webster Dictionary Merit: 表現……Is it fair? 文字提供： 國立臺灣大學 陳嘉銘 3 A society is a cooperative ……participant’ good. Pogge, T. W. M. (1989). Realizing rawls. Cornell University Press.依據著作權法第 46、52、65 條合理使用

版權聲明 頁碼 作品 版權標示 作者/來源 4 Men disagree about such principles, but they each……to other problems. 文字提供： 國立臺灣大學 陳嘉銘 5 The primary subject of social justice ……b)sex/race/ethnic 6 用契約論看看……或者政府形式 Principles of justice……obligations they recognize self-imposed.’ John Rawls, A Theory of Justice §2-4 (Harvard University Press, 1971), pp.7-22. 依據著作權法第 46、52、65 條合理使用

版權聲明 頁碼 作品 版權標示 作者/來源 7 All social primary ……of the least favored. John Rawls, A Theory of Justice §2-4 (Harvard University Press, 1971), pp.7-22. 依據著作權法第 46、52、65 條合理使用 8 排除掉morally arbitrary……這些條件導致的公平」的結論。 文字提供： 國立臺灣大學 陳嘉銘 9 Each person is ……fair equality of opportunity.

A configuration is ……equal distribution is preferred 版權聲明 頁碼 作品 版權標示 作者/來源 10 A configuration is ……equal distribution is preferred John Rawls, A Theory of Justice §2-4 (Harvard University Press, 1971), pp.7-22. 依據著作權法第 46、52、65 條合理使用