John Rawls at 100

Neoliberal Social Justice available April 2021

John Rawls, the most influential political philosopher of the 20th century, was born 100 years ago today. He died one year before I first read A Theory of Justice as part of my undergraduate degree in philosophy at University College London. This year, Edward Elgar publishes Neoliberal Social Justice: Rawls Unveiled, my book which updates Rawls’ approach to assessing social institutions in light of contemporary economic thought.

Mike Otsuka (now at the LSE) introduced us first to the work of Robert Nozick and then to Rawls, the reverse of what I imagine is normally the case in an introductory political philosophy course. Most people ultimately found Rawls’ the more attractive approach whereas I was drawn to Nozick’s insistence on starting strictly from the ethical claims of individuals. I wondered why something calling itself ‘the state’ should have rights to coerce beyond any other actor in civil society.

Years of working in public policy and studying political economy made me recognise a distinctive value for impersonal institutions with abstract rules. Indeed, I now think the concept of equal individual liberty is premised on the existence of such institutions. Although the rule of law could theoretically emerge absent a state, states are the only institutions that have been able to generate it so far. Political philosophy cannot be broken down into applied ethics in the way Nozick proposed.

Some classical liberals and market anarchists are increasingly impatient with the Rawlsian paradigm. Michael Huemer, for example, argues that Rawls misunderstands basic issues with probability when proposing that social institutions focus on maximising the condition of the least advantaged. Huemer argues that Rawls ultimately offers no reason to pick justice as fairness over utilitarianism, the very theory it was directed against.

I think these criticisms are valid for rejecting the blunt assessments of real-world inequalities that some Rawlsians are apt to make. But I do not think Rawls himself, nor his theory when read in context, made these elementary errors. Rawls’ principles of justice apply to the basic structure of social institutions rather than the resulting pattern of social resources as such. Moreover, the primary goods that Rawls take to be relevant for assessing social institutions are essentially public goods. It makes sense to guarantee, for example, basic civil liberties to all on an equal basis even if turns out to be costly. I can think of two reasons for this:

  1. In a society not facing acute scarcity, you would not want to risk placing yourself in a social position where your civil liberties could be denied even if it was relatively unlikely.
  2. Living in a society where basic liberties are denied to others is going to cause problems for everyone, whether through regime instability or fraught social and economics relationships that are not based on genuine mutual advantage but coercion from discretionary powers.

To be fair to utilitarians, J.S. Mill went in this direction, although one had to squint to see how it fit into a utilitarian calculus. But if Rawls was ultimately defending a more principled approach to social relationships using the tools of expediency, I see that as a valuable project.

So, I think that the Rawlsian approach is still a fruitful way to evaluate the distinctive problem of political order. His theory offers the resources to resist not just utopian libertarian rights theorists, but also socialists and egalitarians who similarly fail to account for the distinctive role of political institutions for resolving problems of collective action. Where I think Rawls erred when endorsing what amounts to a socialist institutional framework is on his interpretation of social theory. Rawls argued that people behave pretty selfishly in market interactions but could readily pursue the public good when engaged in everyday politics. I argue otherwise. Here is a snippet from Neoliberal Social Justice (pp. 96-97) where I make the case for including a more consistently realistic account of human motivation within his framework:

Problems of justice are not purely about assurance amongst reasonable people or identifying anti-social persons. Instead, we must consider the anti-social person within ourselves: the appetitive, biased, narrow-minded, prejudicial self that drives a great deal of our every-day thoughts and interactions (Cowen, 2018). If we are to make our realistic selves work with each other to produce a just outcome, then we should affirm institutions that allow these beings, not just the wholesome beings of our comfortable self-perception, to cooperate. We have to be alive to the fact that we are dealing with agents who are apt to affirm a scheme as fair and just at one point (and even sincerely mean it), then forgetfully, carelessly, negligently or deliberately break the terms of that scheme at another point if they have an opportunity and reason enough to do so. Addressing ourselves as citizens in this morally imperfect state, as opposed to benighted people outside a charmed circle of reasonableness, is helpful. It means we can now include such considerations within public reason. The constraints of rules emerging from a constitutional stage may chafe at other stages of civil interaction. Nevertheless, they may be fully publicly justified.

BHL is dead, long live BHL?

The Bleeding Heart Libertarians blog has ended due, I think, as Henry Farrell intuits to creative differences between the founders. Jason Brennan, who was recently making by far the most contributions to the blog, has joined a new blog set up by Jessica Flanigan, 200-proof liberals. [Corrected to reflect who set up what]

I liked the orientation of BHL but I never liked the label. My way into libertarianism was noticing the state insisted on locking people up for taking or selling drugs and putting gay men in docks to justify their private sexual interests. I did not think you should trust such a violent entity with something important like poverty aveliation. There was nothing heartless about my state skepticism. The label ‘BHL’ on some readings suggests there was.

When I realised things were a little more complicated and counter-intuitive when it came to political authority, my ideology shifted to classical liberalism. I now believe that welfare provision can (and should) be disentangled from the more coercive aspects of the state. This is a case of my theorising getting a head, rather than a heart. Libertarians do not need lack for heart. If everyone naturally respected each other’s rights and were generous with those less fortunate than themselves, you would have as much as an ideal society as any liberal egalitarian could offer. Reality means that what purist libertarians have to offer is often not going to work than various statist alternatives.

One of the divisions within BHL was whether it was worth engaging sympathetically with John Rawls’ theory of justice. Both Brennan and Jess Flanigan have written pointed criticisms of Rawls’ framework. They argue that Rawlsian distinctions between basic liberties (to be constitutionally enshrined) and other liberties that are inessential for liberal political life fail. Flanigan argues that all liberties could be essential depending on the specific life plans that people may have, so the distinction between basic and non-basic fails. Brennan argues that Rawls’ own ‘moral powers’ tests for what makes a liberty basic are so rigorous that highly non-liberal regimes could pass them, at least in principle.

I disagree. Engagement with Rawls’ framework among classical liberals still has intellectual pay-offs in terms of discovering what a free and fair society looks like. A Rawlsian case for liberal democracy and capitalism follows from some logical extrapolations of Rawls’ principles alongside some updated empirical evidence. The case can be made according to Rawls’ notion of public reason.

It has proven a little difficult so far to get contemporary Rawlsians to take this reconciliation between right and left liberalisms seriously. When Tomasi wrote in Free Market Fairness about libertarians and liberals being stuck in two opposing camps, he was not exaggerating! But I do not think that is a flaw in Rawls’ framework that was developed thanks to sustained engagement with economic theory. Most contemporary Rawlsians are more engaged in the philosophy of Rawls rather than the political economy that motivates some of his claims about regime types. But Rawls was pretty interdisciplinary and the addition of refined economic theory is compatible with his logic and framework.