The maximin rule argument for Rawls's principles of justice

Australasian Journal of Philosophy 63 (1):64 – 77 (1985)
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Abstract

John Rawls, in A Theory of Justice, sometimes asserts each of the two premises of the following argument, and also the conclusion: (1) The parties in the original position would adopt the maximin rule. (2) The maximin rule, when applied to the task pof the parties in the original position, enjoins the choice of Rawls's two principles of justice in preference to the lother listed alternative. (3) Therefore the parties would choose Rawls's two principles. In this paper I argue against premise (2). I distinguish three mutually incompatible interpretations of the task of the parties. Each is consistent with much of what says but none of them is consistent with everything he says. I argue that on none of the interpretations is there good reason to suppose that premise (2) is true.

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Bruce Langtry
University of Melbourne

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