Rawls' Theory of Justice: Original Position and Two Principles

2026-06-12

Exam Snapshot

John Rawls (1921–2002) in his seminal work A Theory of Justice (1971) revitalized social contract theory to establish a framework for distributive justice. He argued against utilitarianism, asserting that society must be structured to protect individual liberties and support the least advantaged. This theory is a cornerstone for questions on jurisprudence, human rights, and constitutional positive discrimination.

Core Concept

Rawls' theory relies on a hypothetical thought experiment and two hierarchically ordered principles of justice:

• The Original Position: A hypothetical assembly where rational individuals choose the principles of justice to govern their future society. This is a modern adaptation of the classical social contract.
• The Veil of Ignorance: The conceptual barrier in the Original Position. Individuals do not know their race, gender, class, intelligence, or physical abilities. Stripped of self-interest, they must design a fair society because they could end up at the very bottom.
• First Principle (The Liberty Principle): Each person has an equal right to the most extensive basic liberties compatible with similar liberties for others. This principle has absolute lexical priority.
• Second Principle (Social and Economic Inequalities): Social and economic inequalities are permissible only if they satisfy two sub-conditions:
  • Fair Equality of Opportunity: Offices and positions must be open to all under conditions of fair equality of opportunity.
  • The Difference Principle: Inequalities must work to the maximum benefit of the least-advantaged members of society.
• Lexical Priority (Ordering): The principles must be satisfied in order: Liberty Principle first, followed by Fair Equality of Opportunity, and finally the Difference Principle.

Nepal Law Anchors

Nepal's constitutional framework heavily reflects Rawlsian distributive justice and the Difference Principle through protective provisions:

• Preamble of the Constitution of Nepal: Guarantees proportional inclusion and social justice to build an egalitarian society.
• Article 18(3) (Right to Equality): The proviso clause allows for special provisions (reservation, positive discrimination) for backward classes, women, Dalits, and marginalized communities (directly applying the Difference Principle).
• Article 42 (Right to Social Justice): Grants socially backward classes the right to participate in state organs on the basis of the principle of inclusion.

Confusable Terms

MCQ Traps

• Trap: The question might state that Rawls supports absolute equality of wealth.
  • Correct Framing: Rawls does not advocate for absolute economic equality. He permits inequality as long as it benefits the most disadvantaged (the Difference Principle).
• Trap: Confusing the lexical priority of the principles.
  • Correct Framing: Liberty always overrides economic equality or opportunity. You cannot trade fundamental liberties for economic gain under Rawlsian theory.
• Trap: Believing the "Original Position" is a historical event.
  • Correct Framing: It is purely a hypothetical thought experiment (conceptual framework).

Example

Imagine a government drafting a law for medical college admissions. Under a purely utilitarian model, admissions would go solely to those who score highest to maximize overall societal efficiency. Under Rawlsian justice, the state must first ensure basic liberties for all, ensure equal opportunity to apply, and then implement a reservation system or scholarship quota (the Difference Principle) for students from highly marginalized backgrounds, because this unequal entry requirement ultimately elevates the worst-off segment of society.

Memory Hook

"Behind the Veil, you protect the frail." If you do not know who you will be in society (Veil of Ignorance), you will naturally design rules that protect the weakest (Difference Principle) to secure your own survival.

Quick Revision

• Author & Year: John Rawls, A Theory of Justice (1971).
• The Tool: Veil of Ignorance (prevents bias by hiding social identity).
• The Goal: Justice as Fairness (न्याय नै निष्पक्षता हो).
• Lexical Order: Liberty > Equality of Opportunity > Difference Principle.
• Nepal Connection: Article 18(3) reservation policies and Article 42 social justice clauses are live implementations of Rawls' Difference Principle.