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The Veil Of Ignorance Meets The Capabilities Approach: A Comparative Examination Of Rawls And Sen On Justice




Ms. Muskan Gangwar, Assistant Professor, Law, Shri Venkateshwara University, Gajraula


ABSTRACT


This paper undertakes a rigorous comparative analysis of the conceptions of justice advanced by John Rawls and Amartya Sen, distinguished figures in contemporary political philosophy. Rawls, renowned for his seminal work “A Theory of Justice,” espouses a framework grounded in the principles of fairness and equality, predominantly elucidated through his construct of the original position and the veil of ignorance. Conversely, Sen’s capabilities approach, explicated in “Development as Freedom,” accentuates the significance of individuals’ capabilities to pursue lives of intrinsic value, prioritizing substantive freedoms over mere income redistribution. This study scrutinizes the foundational tenets, methodological approaches, and implications of their respective theories.


The comparative inquiry commences with an exploration of the philosophical foundations underpinning Rawlsian justice, highlighting the centrality of rational deliberation and the quest for a just social order through the prism of distributive justice. Rawls’ emphasis on the equality of basic liberties and the differential principle, aimed at ameliorating the condition of the least advantaged, constitutes the bedrock of his theoretical edifice. Conversely, Sen’s capabilities approach offers a broader vista, incorporating multifaceted considerations encompassing social, economic, and political determinants that shape individuals’ capacities to attain well-being and autonomy.


Moreover, this paper delves into the ramifications of Rawls’ and Sen’s theories across various domains, including social policy formulation, economic development strategies, and the discourse on global justice. It examines how Rawlsian precepts have been operationalized in addressing issues of income inequality and resource allocation within domestic contexts, whereas Sen’s capabilities approach has been instrumental in shaping policies aimed at enhancing human capabilities and fostering liberty on a global scale.


Through this comparative exposition, this study illuminates the strengths and limitations inherent in the theories of Rawls and Sen, accentuating their complementary nature in addressing diverse facets of justice. It underscores the imperative of synthesizing their insights to engender a more nuanced understanding of justice that harmonizes distributive imperatives with the enhancement of individual capabilities. Ultimately, this comparative analysis contributes substantively to the ongoing dialectics in political philosophy, while offering pragmatic insights for the cultivation of greater justice in societal arrangements.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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