Since litigating the merits and demerits of philosophical arguments from the Enlightenment forms a central pillar of Western political philosophy, we are not going to do it here. But somebody who took up this debate was
John Rawls in his seminal 1971 book,
A Theory of Justice.
For Rawls, justice is ultimately about fairness. According to him, a just society and a legitimate government can be established when we create the rules for them not knowing what position in that society we will take. To do this, he proposed a famous thought experiment where we create the rules for our society from behind a “veil of ignorance”–not knowing whether we will be rich or poor, black or white, sick or healthy etc.
What Rawls was concerned about was distributive justice, or how we distribute the primary social goods that our society produces. Our coexistence produces untold benefits, but it is not obvious who these benefits belong to or how they should be shared. Rawls argued that given this task, a rational actor would follow the maximin decision rule found in game theory, whereby you would maximize the minimum share the system guaranteed its least well-off member. This way, you could guarantee that even in the worst-case scenario you (and everybody else put in that situation) would get the best possible outcome.
This could perhaps be called a form of impartial utilitarianism. It also reminds us of the tenets of negative utilitarianism, as articulated by Karl Popper. Instead of trying to maximize happiness or well-being, negative utilitarianism seeks to minimize suffering, or negative utility.
A simple version of applying the maximin rule is when you are tasked with cutting a cake. If you didn’t know which slice you were going to get, or you knew you would get the last slice, how would you cut it? If your aim was to ensure the largest slice for yourself, the best way to cut the cake would be to cut it into equal-sized pieces. This would follow the maximin rule, where you maximized the smallest share anybody would receive.
At the level of society, however, Rawls didn’t believe that socialism or equality of outcomes would actually produce the biggest slice for the least well-off. Instead, he believed that another system would be able to bake a bigger cake. This, then, posed a question for Rawls: What kind of inequality should be acceptable in society? Rawls’s answer was that inequalities are justified so long as they also benefit the least well-off members of society. This is called the difference principle. It is the opposite of the efficiency principle, which states that we should help the least well-off until it starts to hurt somebody else.
Since all inequalities couldn’t be abolished, Rawls wanted to eliminate the advantages conferred by morally arbitrary inequalities handed out by the birth lottery. To him, the only legitimate inequalities were the result of work or effort, since they would benefit society as a whole.
Rawls saw himself as a Kantian, in the sense that according to him society should be constructed on universal principles that were seen as just no matter which end of the stick you received.
In his categorical imperative Immanuel Kant states that: