At the end of the last book he published, The Law of Peoples, Rawls sets out the task of “reconciling” members of “liberal democratic” societies to their social order, and interprets his own previous work as contributing to that enterprise. Hegel tried to “reconcile” Prussians in the early 1820s with the Prussian state by showing that, although that state needed some far-reaching reforms, it was nevertheless fundamentally “rational” and conformed to all the intuitive demands for moral acceptability that its members might impose on it.” Similarly, Rawls’s work was an attempt to reconcile Americans to an idealised version of their own social order at the end of the twentieth century.

The notion of being an “enlightened” person does not reduce simply to that of being a person who has highly developed cognitive abilities or disposes of a vast stock of knowledge; neither does it reduce to the idea of being a morally good or socially useful person. “Enlightenment” is not a value-free concept because it is connected with some idea of devoting persistent, focused attention to that which is genuinely important in human life, rather than to marginal or subsidiary phenomena, to drawing the “correct” conclusions from attending to these important features—whatever they are—and to embodying these conclusions concretely in one’s general way of living. It involves a certain amount of sheer knowledge, an ability to concentrate and reflect, inventiveness in restructuring one’s psychic, personal, and social habits; but to be enlightened is not to “have” any bit of doctrine, but to have been (re)structured in a certain way.

When we use a tool in everyday life, it usually remains a detached instrument under my control and activated only when, where, and how I decide. … In contrast, conceptual innovations often “stick,” escape our control and become part of reality itself. Once Hobbes invents the idea of the “state” this idea can come into contact with real social forces with unforeseeable results. The “tool” develops a life of its own, and can become an inextricable part of the fabric of life itself.

What agents would choose in certain well- defined conditions of ignorance (in the “original position”) is, for Rawls, an important criterion for determining which conception of “justice” is normatively acceptable. Why should we agree that choice under conditions of ignorance is a good criterion for deciding what kind of society we would wish to have? William Morris in the late nineteenth century claimed to prefer a society of more or less equal grinding poverty for all (e.g., the society he directly experienced in Iceland) to Britain with its extreme discrepancies of wealth and welfare, even though the least well-off in Britain were in absolute terms better off than the peasants and fishermen of Iceland.” This choice seems to have been based not on any absolute preference for equality (or on a commitment to any conception of fairness), but on a belief about the specific social (and other) evils that flowed from the ways in which extreme wealth could be used in an industrial capitalist society.” Would no one in the original position entertain views like these? Is Morris’s vote simply to be discounted? On what grounds? The “veil of ignorance” is artificially defined so as to allow certain bits of knowledge “in” and to exclude other bits. No doubt it would be possible to rig the veil of ignorance so that it blanks out knowledge of the particular experiences Morris had and the theories he developed, and renders them inaccessible in the original position, but one would then have to be convinced that this was not simply a case of modifying the conditions of the thought experiment and the procedure until one got the result one antecedently wanted.

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If one thinks that ideological conceptions are an important feature of modern societies, and that the analysis of ideologies will therefore have to be an integral component of any contemporary political philosophy, Rawls’s view is seriously deficient, because it does not thematise power. The idea that seems to be presupposed by the doctrine of the veil of ignorance—namely, that one can in some way get a better grasp or understanding of the power relations in society and how they work by covering them up, ignoring them, or simply wishing them away—seems very naïve. To the extent, then, to which Rawls draws attention away from the phenomenon of power and the way in which it influences our lives and the way we see the world, his theory is itself ideological. To think that an appropriate point of departure for understanding the political world is our intuitions of what is “just,” without reflecting on where those intuitions come from, how they are maintained, and what interests they might serve, seems to exclude from the beginning the very possibility that these intuitions might themselves be “ideological.”

The pure normative standpoint that Kant’s ethics tries to occupy, a standpoint in which we consider only the normatively relevant features of a possible world, abstracting strictly from the real world and the empirical accidents of concrete situations, is an expression of what Dewey called “the quest for certainty.” In an insecure world, weak humans struggle convulsively to reach some kind of stability; the a priori is an overcompensation in thought for experienced human weakness. This is one of the origins of Kant’s notorious rigidity, his authoritarian devotion to “principles,” and his tendency to promote local habits of thought to constituents of the absolute framework in which alone (purportedly) any coherent experience was possible; thus, Euclidean geometry is declared the a priori condition of human experience, and sadistic remnants of Puritanism become demands of pure practical reason. Classical liberalism rejected Kant’s practical philosophy, but perhaps this is not enough. Perhaps one should also reject the very idea of a pure normative standpoint.

To the extent to which the pull that moves me really is irresistible, like an invincibly strong addiction, the normal procedures of evaluation, deliberation, choice, decision, etc. that constitute the substance of our political life are not operating. The same is true of overwhelming aversion. The person being tortured who simply wants it to stop, period, is also not a good model for an agent acting politically.

It is an assumption that there is always one single dimension for assessing persons and their actions that has canonical priority. This is the dimension of moral evaluation; “good/evil” is supposed always to trump any other form of evaluation, but that is an assumption, probably the result of the long history of the Christianisation and then gradual de-Christianisation of Europe, which one need not make. Evaluation need not mean moral evaluation, but might include assessments of efficiency, … simplicity, perspicuousness, aesthetic appeal, and so on.

One obvious way to specify what it is that is “due” to someone is to appeal to existing legal codes, but what they will prescribe will vary enormously from one time and place to another. A second account of justice might appeal to some notion of merit or desert. The third approach is Aristotle’s “general” conception, which simply identified “justice” with the sum of all the virtues and excellences. A fourth conception of justice is the idea that justice is in some way to be connected to equality of shares, resources, or outcomes. Finally there is the idea of fairness or impartiality of procedure. One might think that Rawls’s view derives some of its apparent plausibility because of a gradual slide between the various senses of “justice.” People start from a vague intuition that justice as a “general” concept (in the third sense above) is extremely important for the proper functioning of a society; they then find it easy to shift from this to a particular conception that connects “justice” with fairness of procedure and (a certain kind of limited) equality.