In this multi-part series on the JUSTICE framework, we now delve into the principle of Impartiality. Impartiality is one of the basis of ethical decision-making and an important pathway to a just world since it ensures equal treatment of people without any bias or partiality. Thus, the bulk of our discussion will focus on John Rawls' seminal work, A Theory of Justice, which has profoundly influenced modern political and moral philosophy. Rawls introduces the concepts of the Original Position and the Veil of Ignorance, providing a framework for envisioning a society where justice is rooted in fairness and equality for all individuals.
Now, I wish you to visualize a situation: You are given the responsibility of outlining the basic tenets of a new community. However, there is a particular law that you should adhere to: you should make all these decisions behind the “Veil of Ignorance”. This implies that you do not know any of your characteristics—your race, gender, social class, abilities, personal tastes etc. This society one belongs to, this person can be anyone of the society in case the veil is removed. What measures would you employ to ensure that the society that you construct is ideal for all members, one that is equitable and just?
The core of this thought experiment comes from John Rawls's groundbreaking "A Theory of Justice" (1971). Rawls introduces the device of the Original Position, an imagined state in which people in a rational choice would choose principles of justice governing their society, without knowing their own position in it. The Veil of Ignorance ensures that such choices are impartial, uninfluenced by personal biases or vested interests.
Rawls argues that from this position, individuals would agree upon two fundamental principles of justice:
The Principle of Equal Basic Liberties: Each person has an equal right to the most extensive basic liberties compatible with similar liberties for others. These liberties include freedom of speech, assembly, conscience, and the right to hold personal property.
The Difference Principle: Social and economic inequalities are to be arranged so that they are both:
To the greatest benefit of the least advantaged members of society (the Maximin Rule).
Attached to offices and positions open to all under conditions of fair equality of opportunity.
In what is perhaps the most original expanded notion of the Original Position as possible, where everybody’s position is concealed, social justice should include the formulation of certain rules and laws which do not privilege any individual within that society. Such measures, it follows, will ensure every member of that society enjoys the available rights without any oppression, and therefore there should be a constitutional even-handedness in the way these rights are promoted. Such rights include the articulation of one’s opinions, the practice or observance of religion, the organization or joining of gatherings and the ownership of things, which empower people to choose their lives within the confines of other people’s bounds.
This leads to the question: How can we ensure that John Rawls's theory is rightfully applied in contemporary society? It could be potentially answered through two main aspects: Embracing the Principle of Equal Basic Liberties and implementing the Difference Principle.
The very initial challenge is that this Justice and impartiality of applying Rawls’s theory in the modern ethical context must be socially, internally, and externally constructed within the institutions and the policies of any present day society. To start with, we should be advocating the Principle of Equal Basic Liberties, and incorporate these values as part of the national legal order. This includes protecting the freedom of speech, profession, assembly, and property for all people, irrespective of their affiliations. Legal systems should be resilient and applied equitably so as to defend these responsibilities, preventing any agency from being antagonized or subjugated.
Secondly, the consideration of the Difference Principle requires the formulation of such economic and social strategies which would improve the position of the most disadvantaged groups in the society. For example, policy-makers will implement progressive taxation where the rich will pay more in public resources which can be spent on education, healthcare infrastructure and other services for the needy. There is a presumption that global societies should make all efforts to help the poorest groups of people in order to minimize discrepancies and help redistribute various different wealth and opportunities more fairly.
In summary, the principle of Impartiality is fundamental to achieving a just and equitable society, ensuring that every individual is treated with fairness and without bias. John Rawls's A Theory of Justice provides a philosophical framework through the Original Position and the Veil of Ignorance, compelling us to create societal principles that are fair for all, regardless of personal characteristics or social standing. By applying Rawls's two fundamental principles—the Principle of Equal Basic Liberties and the Difference Principle—we must construct institutions and policies that uphold equal rights and actively improve the conditions of the least advantaged. This means enacting these values into the legal systems of nations to safeguard such freedoms as speech, assembly, and property for all, as well as economic and social mechanisms like progressive taxation and the investment in education and health to lessen inequalities. The problem is how to turn philosophical theories and ideals into action with concrete steps in today's society: this requires a communal dedication to justice and reform of institutions.
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