Nyamweya is a Kenyan scholar who has done many years of research on a diversity of topics
Rawls Justice as Fairness
Rawl's presented his ideal thought and process on how the society can define and construct a just system through an impartial distribution of social goods, which he referred to as "A Theory of Justice." Social/primary goods are the basic items that any sensible person would want, such as equal rights, access to opportunities, and wealth. He needs to be represented without any form of discrimination. Rawl's argument centered on promoting a fair distribution of these social goods (Rawls, 1971). Creating a just society would also resonate with the needs of victimized individuals being compensated considering the violation of social contacts that have existed throughout history. The analysis focuses on Rawl's style of argument in his supposition of the Theory of Justice and how its comparable with justification measures to create equitable societies, with modern approaches such as affirmative actions that fight to create equal opportunities for underrepresented groups (Rawls, 1971).
Affirmative action is typically a public policy intended to help social or cultural groups that have for the longest time been discriminated against (Nast, 2020). Rawls' idea of being disadvantaged is interpreted as having personal rights violated or lacking a fair share of primary or social goods. Selected two principles argued by Rawl primarily determine the measure of this. To attain a just society, the first principle has to be factored in that it is "lexically prior "that dictates the liberty to every member of society is respected. That provides an equal opportunity to each member of the society, and they are at liberty to access and have an equal share of primary goods (Ekmekci & Arda, 2015). Whereas the second principle would define other primary goods as being distributed democratically without favor on who holds a higher position in the society, and this would create an equal competition for the provided social goods. The essentialities, in theory, features to create a society that no one owns his place in the society, social position, nor controls the primary goods through the position they hold in the society. The principles of a justice society present not to favor or disadvantage an individual (Ekmekci & Arda, 2015).
Based on Rawl's ideal, affirmative action is best designed to fight and secure the rights of the discriminated and violated groups. Affirmative action centers not only to ensure the distribution of social goods but also fights to fight for persons disadvantaged by past injustices that will promote change for these specific groups (Ekmekci & Arda, 2015). Similarly, a policy perspective will promote this mandate by initiating the process through governmental agencies, education, and business institutions. These are the primary and basic structures that facilitate change in society. Affirmative action creates a general routine or practices that compensate for violated rights in a preexisting society. The mentality is to initiate a process or mechanism that ensure justice to all social and cultural groups or engage for rights that were in the past violated, hence interacting with the 'discriminated group" to resonate with their situation will factor in determining areas or factors that promote these violations (Ekmekci & Arda, 2015).
While trying to understand the idea of justice as an essential course, the eventuality is to create fairness in the society that is rather fundamental. In this circumstance, we must understand the issue in detail and formulate the probable solution to the problem. Rawl's theory justifies the fundamentals and structures required for fairness, which necessarily lies in governmental institutions, educational centers, and business entities (Rawls, 1971). These structures are important in spearheading the efforts necessary for the creation of a just system. In contemporary societies, the distribution of social goods remains a major challenge, factoring in the failure of social systems in interpreting the same to individual opportunities. Affirmative action focuses on creating this justification through implemented laws that strike a balance between the diverse social and cultural groups (Nast, 2020). It seeks to eliminate any administrative hindrances that promote the inequalities of the aforementioned social/ primary goods. Aligned to the three principles of equality, fairness, and access, affirmative policies center to mediate and promote fairness through its legal mandate.
By adopting his original position, Rawl's argument would side with the promoting fair distributive policies and principles. Affirmative action policies are very similar to Rawl's argumentative reasoning that pushes to create sharable equity that promotes equality and fairness for each member of society. With each provided with the necessary primary goods to sustain and realize their lives. "Being blind' on the issue and selective on which populations have the right to receive certain rights would readily deconstruct the effort to bring fairness to every individual in the society. The similarity between Rawl's perspective and the efforts contributed by affirmative actions and policy perspective will create a fair and just society. But will, in the longer run, transform systems and laws to conform to a society that is indiscriminative and impartial to all social and cultural identities.
Rawls, J. (1971). A theory of justice as fairness. Cambridge: Harvard University.