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

Dr. Ercan Gündoğan
institutions cannot be justified without understanding the common purposes
of the police. For example, the difference principle presupposes initial moral
connections with common endeavour of community and it means only an
instrument for some ends, which is something Rawls attempt to reject. It is
an achievement of Rawls to demonstrate the priority of right over the good.
The rights and liberties can be justified only against the background of
comprehensive moral thoughts and of the conceptions of good society. This
is also another idea Rawls tries to reject. Moreover, although Rawls rejects
the comprehensive moral doctrines, his well-ordered society advances the
goods of the members of the society and is thought to be regulated by a
public conception of justice, which requires a general understanding and
consent (Lassman, 1992, 213-4).
It is observed that the general conception of justice in the distribution of
social primary goods applies to the situation in which effective material
equality, a certain basic level, is unavailable. Once this material minimum is
available, the two principles of justice come into agenda. On the other hand,
it is argued that the main part of the second principle, the difference
principle, is related with the Rawls’ bias against the best-off in the original
position while it is put forward to insure the idea of social cooperation. On
the other hand, it is pointed out that considering the realities of the classdivided
society, it can be seen that best-off class are the ruling class and
cannot accept the constraints of the difference principle This class has an
acute need to material wealth. Rawls presupposes a moderate class conflict
without ruling class and class-based desires (Daniels, 1978, xxv- xxvi).
When we consider research techniques of social sciences, empirical contents
of history, society and political life put some constraints on TJ and its
principles of justice. From the outset, Rawls’ free, rational and equal
individuals ignore collective agency, the most importantly, the class
(Daniels, 1978, xxix).
The Basic Structure of Society and Primary Social Goods
The primary subject matter of Rawls’ theory is the basic structure of
society, which covers “major social institutions” that “distribute fundamental
rights and duties and determine the division of advantages from social
cooperation” (Rawls, 1971, 7). Political constitution, economic and social
arrangements, legal system, competitive markets, private property in
production and the monogamous family are counted as examples.
Distributive role of justice is only a part of the conception of justice (Rawls,
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