ABSTRACT

Rawls describes his theory as 'justice as fairness', by which he means that 'the principles of justice are agreed to in an initial situation that is fair'. Is Rawls's theory an objective concept of social justice which happens also to provide a defence of democratic-welfare-capitalism? Like Rawls, David Miller is opposed to utilitarianism as providing a basis for a concept of social justice and for similar reasons. The way in which Miller has developed his case is not beyond criticism. Feudalism supplies an excellent example of a society which bases social justice on rights. Feudal society was hierarchical and different rights were given to different levels in the hierarchy. In the conservative theory, social justice consists in a social hierarchy, but a hierarchy governed by a stable system of inter-connected rights and duties. The more detailed presentation of the principles begins to look much more like a liberal philosophical statement.