Rawlsian Contractarianism: Liberal Equality or Inequality?

Abstract

This paper will examine Rawls’ Theory of Justice as the most coherent twentieth century restatement of the liberal egalitarian paradigm. It will examine Rawls’ assertion that his theory is in the tradition of the state of nature/contractarian formulation of that paradigm, with particular reference to the parallels between Locke's formulation and his own. The paper will note that in both formulations:a) The principles of justice formulated are sub specie aeternitatis but it will be argued that in fact they are, in their more developed form under “more favourable” historical conditions, the principles acknowledged by liberal man.b) The principles developed by men in “reasonably favourable conditions” (R., 5.82,542) are principles both of equality and inequality. However, it will be argued that the inequality principle takes precedence over the equality principle and, in fact, in its theoretical and practical manifestations, makes void the fair value of the equality principle itself.