Critical Legal Thinking (John Rawls)
QUESTION – 2500 words (Use case law and primary sources) (OSCOLO referencing + bibliography) AIM FOR A MID/LOW 2.1 GRADE!)
“Just as each person must decide by rational reflection what constitutes his good, that is, the system of ends which it is rational for him to pursue, so a group of persons must decide once and for all what is to count among them as just and unjust.”
John Rawls, A Theory of Justice (revised ed, Oxford University Press 1999), 11.
Rawls asserts that individuals “must” decide on a system of ends to pursue, and by analogy any group “must” decide what it collectively considers just. However, many of the thinkers we have studied do not share this view of the individual or the group, seeing individuals and groups as containing clashing values and conflicting ideals of justice.
Consider how Rawls and one other thinker we have studied deal with this question of whether agreement over the conception of justice is a necessary feature of a just society.