Abstract

I am concerned primarily with Rawls’s idea of the contract device as a tool for generating principles of justice. In this paper I hope to make plausible the claim that the original position device presupposes a certain fundamental principle of justice. If I am right that rules are necessary, in the first instance, in order to avoid, as much as possible, “appeals to Heaven” (to use Locke's phrase), then have we not already hit upon a principle of justice? Certainly in the case of individual actions we now have such a principle. Let me name this the Libertarian Principle: Do not initiate force or fraud. But Rawls insists that the primary subject of justice is not individuals but rather the basic structure of society. Yet it seems that in merely setting the stage for considerations about justice, we have inadvertently stumbled onto a principle of justice, and justice for individuals at that.