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According to philosopher John Rawls, the basic structure of society is the primary subject
of justice. In his second principle of justice, Rawls asserts that in order to be just, the basic
structure must satisfy two criteria: fair equality of opportunity and the difference principle. Many
economists, in concurrence with Rawls and his principles, point out that the United States is a
land of vast inequality, both of income and of opportunity. However, Rawls’ theory lacks an
intersectional approach. By focusing exclusively on class, rather than race or gender, in his
assessment of inequality, Rawls fails to incorporate certain structural inequalities that profoundly
In his seminal work A Theory of Justice, Rawls outlines his theory of justice as fairness,
developing a framework by which the justice of social institutions and distributions can be
evaluated. According to Rawls, justice is achieved when basic social institutions “are arranged so
as to achieve the greatest net balance of satisfaction summed over all the individuals belonging
to it” (Rawls, 1971). This requires that “no arbitrary distinctions” are made when distributing
social primary goods such as wealth and opportunity among members of society. In other words,
Rawls’ second principle of justice is often used as a guide for social policy. It holds that
social and economic inequalities are just if, and only if, they are “to the greatest benefit to the
least-advantaged members of society” and “attached to offices and positions open to all” (Rawls,
1971). As such, a just distribution is one that follows a system of democratic equality by
Fair equality of opportunity seeks to mitigate the influence of class and social position in
distributing income and wealth across society. According to Rawls, those with the same level of
talent and ability should have the same opportunities for success, regardless of their
socioeconomic status (Rawls, 1971, p. 63). Fair equality of opportunity can be measured in terms
of relative mobility, which refers to the disparity between high- and low-income individuals of
similar talent and ability. To Rawls, ensuring fair equality of opportunity means equal prospects
in “all sectors of society,” including equal accessibility to high quality education (Rawls, 1971).
While fair equality of opportunity prevents inequalities from arising among various social
strata, inequality can still occur as a result of natural fortune. The natural lottery inevitably
distributes talents and abilities unequally, so those who receive a greater endowment have better
life prospects than others. Consequently, the difference principle requires that all inequalities
must benefit society’s least fortunate members (Rawls, 1971, p. 65). Unlike Pareto efficiency,
the difference principle holds that a unequal distribution is only just if it makes everyone better
off; if not, an equal distribution is preferred. The higher expectations of some serve as an
incentive to all, inspiring them to work harder and thus increasing productivity and innovation in
society (Rawls, 1971). As such, lowering the prospects of more advantaged members of society
is unfavorable even for the lower class, as they now have a lower goal to work towards. Rawls
states that the difference principle is a “strongly egalitarian” concept insofar as it protects those
who are disadvantaged by morally arbitrary factors such as the natural lottery (Rawls, 1971).
equality of opportunity in the U.S., Raj Chetty and his colleagues calculated two measures of
intergenerational mobility. The first, relative mobility, measures the difference in prospects
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between children from high-income and low-income families, while absolute upward mobility
evaluates the prospects of children belonging to households in the 25th percentile of the income
distribution (Chetty, Hendren, Kline, & Saez, 2014). Known as the Equality of Opportunity
Project, the study found that a number of factors are correlated with mobility, including
segregation, inequality, quality of education, family structure, and social capital (Chetty et al.,
2014).
According to another study conducted by Chetty et al., mobility is significantly lower for
successful than their black counterparts, even when raised in the same neighborhoods under
similar family structures (Badger, Miller, Pearce, & Quealy, 2018). However, there is one
exception: in areas with less discrimination and racial bias, poorer black children were nearly, if
not equally, successful as their white counterparts. In these neighborhoods, black children had
greater prospects regardless of family structure, which indicates that racism and discrimination
might be the real problem (Badger et al., 2018). Groundbreaking in more ways than one, the
study refutes the widely-held theory that inequality is contingent upon class position, instead
On the other hand, economists such as Emmanuel Saez and Thomas Piketty have focused
on the issue of income inequality. Income inequality in the United States has reached levels not
seen since the Great Depression, as the share of income held by the richest citizens only
continues to increase over time (Lowrey, 2012). While the earnings of the top 1 percent have
grown significantly, 94 percent of earners have experienced little to no growth in salary; rather,
their earnings have remained quite stagnant (Lowrey, 2012). Given these findings, it can be
concluded that the current income distribution in the United States does not qualify as just under
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the difference principle. The benefits enjoyed by the top 1 percent have not produced comparable
improvements for the rest of society; in fact, the rest of society appears relatively worse off when
factors such as inflation are taken into account. Additionally, Rawls states that a distribution is
unjust when the higher expectations are “excessive” (Rawls, 1971). Given the fact that the top 10
percent of earners enjoy half of the overall income, it is reasonable to conclude that these
expectations qualify as excessive (Lowrey, 2012). The income inequality in the United States
appears to only benefit the most advantaged members of society, while simultaneously harming
The inequalities of income and opportunity in the United States clearly violate Rawls’
second principle of justice. Upon observing the lack of opportunity and relative success of the
lower class, it is obvious that the current distribution is not just. Rawls would indubitably concur
with this conclusion and agree that the basic structure of American society does not guarantee
distributive justice. However, the studies of Chetty et al. have shed new light on Rawlsian
The findings of Chetty et al. highlight an important flaw in Rawls’ theory of justice. Even
under a Rawlsian distribution where socioeconomic position is held constant, there is still a
marked inequality in the prospects of individuals on the basis of race and gender. Rawls fails to
address this aspect of inequality, and therefore does not fully capture the structural inequalities
Structural inequalities are those that arise from an unjust social structure that benefits
some more than others: an unjust procedure produces a similarly unjust result (Young, 2001).
which examine social groups rather than individuals by categorizing according to race, gender,
inequality believe that social structures and institutions are the primary mechanisms which lead
differentiating between that which is just and that which is unjust. Rawls clarifies that the
“persons” mentioned in his second principle refer to “representative persons holding the various
social positions” and do not apply to “particular individuals who may be identified by their
proper names” (Rawls, 1971, p. 56). As such, Rawls theorizes that there is a “chain connection”
within the second principle: improving the prospects of the “representative man” in a given
social position presumably raises or lowers the prospects of those in other positions (Rawls,
1971). Justice according to Rawls’ second principle is evaluated in terms of economic classes;
inequalities between classes are just only if they meet the criteria set forth by the second
principle.
inequalities by comparing people only in terms of economic classes. Although inequality exists
between socioeconomic classes, there is also vast inequality within the classes themselves that
Rawls fails to account for. By asserting that the fundamental problem is that of class, not race,
Rawls’ second principle might incorrectly classify a distribution as just in spite of marked
inequalities that could be identified if one were to reevaluate from an intersectional perspective.
Factors such as racism and sexism are systemic, and therefore embedded in the social structure.
In this way, they result in a marked disparity between social groups; Rawls’ failure to recognize
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the role these factors play in procedural and distributive justice effectively harms the legitimacy
of his theory.
Rawls wrongly assumes that every “representative man” is the same, with prospects
identical to those belonging to the same economic class as him. Yet the findings of Chetty et al.
serve as evidence to the contrary. Given the notable disparities between blacks and whites
belonging to the same economic class, a representative man who is white cannot in good faith be
considered representative. If inequality and injustice continue even when the second principle is
seemingly satisfied, then it must be that there are more than just two factors that must be
accounted for in order to distributive justice. Whereas Rawls seems to imply that natural fortune
and class position are the only morally arbitrary factors that contribute to inequality, Chetty et al.
have found that race and gender play a similar role in creating injustice.
The discrepancies between Rawls’ theory and the conclusions drawn by Chetty et al.
underscore the need for an intersectional approach when determining whether a distribution is
just or unjust. Focusing solely on socioeconomic inequality does not sufficiently capture the true
extent of injustice within a given distribution. Race and socioeconomic status are interconnected,
and ignoring this connection only perpetuates the injustices caused by such structural factors.
This relationship is a perfect example of intersectionality, a theory referring to the way that
structural factors and oppressive institutions overlap to create injustice. Intersectionality is best
described by the birdcage metaphor: when taken by themselves, the wires seem to do little to
prevent the bird from escaping. However, when viewed as a whole, the connections between the
many wires create a complex structure that render the bird unable to fly freely (Young, 2001).
Similarly, the issue of distributive justice is far more nuanced than Rawls makes it seem. It is
influenced by a myriad of institutions and social positions, each of which relate to one another,
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working together to create a hierarchy of social groups throughout which wealth and opportunity
Although Rawls’ second principle of justice, namely fair equality of opportunity and the
difference principle, is a useful tool for evaluating distributive justice, it is important to consider
the basic structure and distribution of society from an intersectional perspective. American
society is incredibly unjust both in income and in opportunity; however, the inequality
transcends beyond socioeconomic lines. Within a given socioeconomic class, there lie further
inequalities on the grounds of other structural factors such as race. As such, in order to fully
rectify distributive injustices, the role of systemic racism and discrimination in creating them
must be recognized.
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References
Badger, E., Miller, C. C., Pearce, A., & Quealy, K. (2018, March 19). Extensive Data Shows
Punishing Reach of Racism for Black Boys. The New York Times. Retrieved from
https://www.nytimes.com/interactive/2018/03/19/upshot/race-class-white-and-black-
men.html, https://www.nytimes.com/interactive/2018/03/19/upshot/race-class-white-and-
black-men.html
Chetty, R., Hendren, N., Kline, P., & Saez, E. (2014). Where is the Land of Opportunity? The
Lowrey, A. (2012, April 17). French Duo See (Well) Past Tax Rise for Richest. The New York
Times.
Young, I. M. (2001). Equality of Whom? Social Groups and Judgments of Injustice. The Journal