Justice As Fairness By John Rawls

Some political philosophers, in their quest to rectify the wrong of society, inadvertently create images of utopias built on ideals and abstracts. Many critics believe John Rawls to be of that sort -- his theories in Justice as Fairness being based on impossibilities and quixotic principles. Rawls himself felt that the purpose of political philosophy was “realistically utopian: that is, as probing the limits of practicable political philosophy” (Rawls, 4). In contrast, W.E.B. Du Bois’ The Souls of Black Folk is built upon premises that inadvertently diminish the concepts Rawls proposed. The notions of basic structure and public reason, central to Rawlsian theory, can become limited and short-sighted when analyzed through the eyes of Du Bois.

Within Rawls ' society, everyone must be granted the same rights under law which in turn creates justice that is truly fair. In order for this to happen, the concepts of freedom and equality have to be viewed as codependent and capable of existing in tandem. Additionally, the basic structure of society must be tailored for genuine justice because with a corrupt structure, justice crumbles. Basic structure of society is “the way in which the main political and social institutions of society fit together into one system of social cooperation,” and the “basic rights and duties… [which] regulate the division of advantages that arises from social cooperation over time” (Rawls, 10). In summation, basic structure organizes the vital institutions of society such as the economy or civil law. Other institutions such as religion or education do not compose basic structure because society’s functionality does not

For the African-American, successfully reaching public reason in a Rawlsian society would be impossible. Whites would be incapable of identifying with black on a public level because of the inherent “otherness” race produces. As a Christian cannot cite the Bible in a Rawlsian court, neither can a racial minority cite their own skin color or realm of experience. By extension, whites cannot use their own experiences to further the condition of racial groups either. To Rawls, if all humans cannot come to respect a common principle, it is not public reason; anything stemming from personal emotions is irrelevant. In Du Bois’ eyes, whites are incapable of seeing their own privilege, therefore race issues could never be within public reason. By the same logic, Rawls overlooks entire cultures as well by placing very select topics into the public domain. To Du Bois, culture is included in his identity -- an identity outside the realm of comprehension for most white Americans. Each chapter of The Souls of Black Folk opens with a jazz piece to represent the duality of Du Bois’ cultural identity in America. Rawls callously overlooks the principles that shape human identity, effectively reducing blacks and other minority groups