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CAPITALISM'S ACHILLES HEEL Dirty Money and How to

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362 CAPITALISM’S <strong>ACHILLES</strong> <strong>HEEL</strong><br />

Rawls is clear in his purpose: “Perhaps I can best explain my aim in this<br />

book as follows. During much of modern moral philosophy the predominant<br />

systematic theory has been some form of utilitarianism.” 3 In its place,<br />

Rawls seeks <strong>to</strong> “work out a conception of justice that provides a reasonably<br />

systematic alternative <strong>to</strong> utilitarianism, which in one form or another has<br />

long dominated the Anglo-Saxon tradition . . .” 4<br />

Rawls states his position:<br />

I do not believe that utilitarianism can provide a satisfac<strong>to</strong>ry account of<br />

the basic rights <strong>and</strong> liberties of citizens as free <strong>and</strong> equal persons, a requirement<br />

of absolutely first importance . . . 5<br />

Each person possesses an inviolability founded on justice that even<br />

the welfare of society as a whole cannot override. For this reason justice<br />

denies that the loss of freedom for some is made right by a greater good<br />

shared by others. It does not allow that the sacrifices imposed on a few<br />

are outweighed by the larger sums of advantages enjoyed by many. . . .<br />

[R]ights secured by justice are not subject <strong>to</strong> . . . the calculus of social<br />

interests. 6<br />

Whereas Bentham deprecated rights <strong>and</strong> liberties, subordinating them <strong>to</strong><br />

utility, Rawls puts rights <strong>and</strong> liberties in the position of “absolutely first<br />

importance.”<br />

Rawls poses a thought experiment. Suppose that rational people meet in<br />

an “original position,” a position without precedent where they can negotiate<br />

the terms of their association. Furthermore, suppose they meet behind a<br />

“veil of ignorance” where the participants do not know their own class, status,<br />

fortune, ability, intelligence, strength, race, sex, <strong>and</strong> the like. From this<br />

original position behind a veil of ignorance, the principles of justice are <strong>to</strong> be<br />

chosen. The principles that emerge will be those that “free <strong>and</strong> rational persons<br />

concerned <strong>to</strong> further their own interests would accept in an initial position<br />

of equality as defining the fundamental terms of their association.<br />

These principles are <strong>to</strong> regulate all further agreements . . .” 7<br />

Rawls cogently argues:<br />

[I]t hardly seems likely that persons who view themselves as equals, . . .<br />

would agree <strong>to</strong> a principle which may require lesser life prospects for<br />

some simply for the sake of a greater sum of advantages enjoyed by

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