Rawls Two Principle Concept

2341 Words10 Pages
Session 18 Rawls, “Two Concepts of Rules” Act--Utilitarianism: An act is wrong if and only if it would fail to produce as much welfare as any alternative act open to the agent. Rule--Utilitarianism: An act is wrong if an only if it would be forbidden by the set of rules whose (universal? near universal?) adoption would produce the most welfare. Utilitarianism about Institutions: Our institutions should be designed so that they benefit society, by producing at least as much welfare as any other design would have produced. • • Which version of utilitarianism is Rawls defending? Might the view he defends here best be understood as a kind of selective rule utilitarianism/consequentialism? Can rule--utilitarianism be motivated? (If what we care about is maximizing happiness/good consequences, doesn’t sticking to the best rules even when doing so in the particular case will sacrifice happiness look like rule--worship?) Punishment Defining the Institution of Punishment: Rawls: “a person is said to suffer punishment whenever he is legally deprived of some of the normal rights of a citizen on the ground that he has violated a rule of law, the violation having been established by trial according to the due process of law, provided that the deprivation is carried out by the recognized legal authorities of the state, that the rule of law clearly specifies both the offense and the attached penalty, that the courts construe statutes strictly, and that the statute was on the books prior to the time of the offense.” (p. 10) • • Rawls asks whether utilitarian arguments could be used to justify institutions much different from this (and intuitively much more cruel and arbitrary). But we might also wonder whether utilitarian arguments could justify individual acts that depart from these norms. This difference, between justifying a practice/institution and justifying a particular act

More about Rawls Two Principle Concept

Open Document