SEEU Review vol. 5 Nr. 2 (pdf) - South East European University

SEEU Review Volume 5, No. 2, 2009
Justice as fairness is concerned with the “cooperative virtues suitable for
a political doctrine in view of the conditions and requirements of a
constitutional regime” (Rawls, 1999, 410-1). This conception is restricted to
the basic structure of society and the idea of overlapping consensus is
embodied in the conception of justice that is not a mere compromise.
However, Rawls’ suggestion may seem another comprehensive moral
doctrine whose concepts, principles and virtue are “accepted by each as
belonging to a more comprehensive philosophical, religious, or moral
doctrine” (Rawls, 1999, 411).
Original Position
Rawls’ idea of “original position” fulfils the function of determining “fair
terms of cooperation”. However, how is it itself determined, asks Rawls: by
“God’s law” or “natural law” or by “rational intuition”? Each expresses its
own conception of social cooperation. Rawls theory of justice suggests that
the fair terms of cooperation is to be determined “by an undertaking among
...persons themselves in the light of what they regard as their mutual
advantage”. The agreement, if it will be valid, must be made under
appropriate conditions, which, “must situate free and equal persons fairly
and must not allow some persons greater bargaining advantages than others”.
The appropriate condition, surely, must exclude the “threats of force and
coercion, deception and fraud, and so on,” (Rawls, 1999, 399).
Rawlsian construction presents us original position, the problem of
choice, and then stage, the principles of justice. It is supposed that, at least,
“the initial contractual situation may seem reasonable although the particular
principles proposed are rejected”. He states that “in well-ordered initial
situation”; “certain moral principle” can be accepted. The contract theory
provides a notion of choice between rational persons. It is already the fact
that “the theory of justice is a part, perhaps the most significant part, of the
theory of rational choice”. The notion of contract assumes conflicting claims
and an initial plurality. It also relates to the “conditions of publicity” for the
principles of justice. The characteristic aspect of the contract doctrine is
found in its stress on the “public nature of political principles” (Rawls, 1971,
16).
Rawls claims that the representative character of the original position
overcomes the difficulty. It is a model of fair condition under which “the
representatives of free and equal persons are to specify the terms of social
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