stxbuck;1210563; said:I need to listen to more Lou Rawls-he's pretty smooth.
Seriously, though, I admit I have zero idea what this is.
He's talking (I believe) about John Rawls, who put forth a formative theory of justice as fairness. It describes an initial situation in which actors, blind (Rawls's "veil of ignorance") to the motivations, beliefs, status or situation of others, enter into a social contract. This contract is fair, in that there is equality and symmetry between those who forge it; based on the assumption they are basically moral, rational, disinterested in one another's interests, and essentially just. From this foundation, or initial situation, we arrive (through Rawls) at the basic framework for society. First, a conception of justice, which is the code from which all else will be shaped and defined. The creation of a constitution would follow; then the formation of a legislature to enact laws. All of this, and everything that follows, built around the equity between the actors in the initial situation and agreement, which is the basis for his theory.
Rawls, like Hobbes, Aquinas, Austin, and others like them, generally form the different philosophies behind our foundational beliefs for 'man' and society. They all struggled with the nature of man, the nature of sovereignty and rules/commands -- it's all more philosophy than political science. I really got into my philosophy of law classes back in the day, and still read related to it, which is the only reason any of this is personally familiar. Even then, I had to go back and find one of my old papers to try and remember what the distinction between Rawls and Hobbes was as it relates to the nature of man. Essentially, Hobbes saw us (this is going to be a gross simplification) as rather feral and individual creatures who have to work against their nature to cooperate and form societies. The key to his theory that we all act in our own self interest, in pursuit of our own needs without any particular interest in the needs of others, which sometimes has us working (somewhat reluctantly or uncomfortably) as a pack. Rawls, on the other hand, believed that it was in our nature to form social groups and work together for mutual gain and benefit. The theories are less divergent than they sound, I think, they just start with different concepts of our nature.
None of it is stuff that's easily or quickly encapsulated. Maybe someone stumbling around here has or is pursuing a PhD in philosophy and can better enlighten us. It really is compelling stuff, inasmuch as all of it played roles in different approaches and our foundations for law and justice. It's also the basis for the critical legal theories. All of it speak to the nature of man, and all of it take the perspective of white man. While this doesn't mean it's all flawed, it has pushed some to question whether or not law based on such perspectives can ever be truly just to those they didn't represent. But now we could also getting into conflict theory and such -- I love this stuff. Wish I better understood all of it.
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