68. SEVERAL CONTRASTS BETWEEN
THE RIGHT AND THE GOOD
68. The Right and the Good Contrasted
In order to bring out the structural features of the contract view, I shall
now mention several contrasts between the concepts of the right and the
good. Since these concepts enable us to explain moral worth, they are the
two fundamental concepts of the theory. The structure of an ethical doc-
trine depends upon how it relates these two notions and defines their
differences. The distinctive features of justice as fairness can be shown by
noting these points.
One difference is that whereas the principles of justice (and the princi-
ples of right generally) are those that would be chosen in the original
position, the principles of rational choice and the criteria of deliberative
rationality are not chosen at all. The first task in the theory of justice is to
define the initial situation so that the principles that result express the
correct conception of justice from a philosophical point of view. This
means that the typical features of this situation should represent reason-
able constraints on arguments for accepting principles and that the princi-
ples agreed to should match our considered convictions of justice in
reflective equilibrium. Now, the analogous problem for the theory of the
good does not arise. There is, to begin with, no necessity for an agree-
ment upon the principles of rational choice. Since each person is free to
plan his life as he pleases (so long as his intentions are consistent with the
principles of justice), unanimity concerning the standards of rationality is
not required. All the theory of justice assumes is that, in the thin account
of the good, the evident criteria of rational choice are sufficient to explain
the preference for the primary goods, and that such variations as exist in
conceptions of rationality do not affect the principles of justice adopted in
the original position.
Nevertheless, I have assumed that human beings do recognize certain
principles and that these standards may be taken by enumeration to re-
place the notion of rationality. We can, if we wish, allow certain vari-
ations in the list. Thus there is disagreement as to the best way to deal
with uncertainty.
28
There is no reason, though, why individuals in making
their plans should not be thought of as following their inclinations in this
case. Therefore any principle of choice under uncertainty which seems
plausible can be added to the list, so long as decisive arguments against it
28. See the discussion in R. D. Luce and Howard Raiffa,
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