Justice as Fairness by John Rawls

The idea of law is a very complex concept. It has different facets and is open
to different interpretations depending on the naturalist and positivist schools of
thought. Understanding the idea of law is difficult in itself but living it out is an even
more tedious duty.
John Rawls focuses more on how one ought to live out the law. The mission
is to live in justice. This is a herculean task with tremendous responsibilities. Justice
is the first virtue of social institutions, as truth is of systems of thought (Rawls). The
idea of law for Rawls is in the lenses of justice.
According to Rawls, there needs to be some point that equalizes the playing
field, an initial situation where everything is fair. Justice is perpetual and constant. It
will rent to another his due and what is due is ones right. One must look at the
stakeholders and analyze the situation because justice always refers to another
person or another entity. It is always to render ones duty.
Justice as fairness according to Rawls conveys the idea that the principles of
justice are agreed to in an initial situation that is fair (Rawls). There needs to be
some point that equalizes the playing field. There must be an initial situation where
everything is fair. This is the original position and the appropriate status quo. This is
so because the fundamental arrangements in society have a starting point.
Rawls presents two principles of justice. First, each person has interests and
must have an equal right to opportunity. Second, socioeconomic inequalities are only
just when they produce results beneficial to everyone. These are at the core of
justice as fairness. There must be equality in the assignment of basic rights and
duties for it everyone is entitled to his or her basic rights and all are responsible for
the other people who do not have the same opportunity.
There is always a constant struggle between these two principles. Each
person carries with him his interests but opportunities are almost always unequal.
There needs to be a reflective equilibrium. It is the point where principles and
judgment coincide.
Furthermore, He presents three kinds of justice namely legal, distributive and
commutative. Legal justice involves the performance of ones duty towards the
community. Distributive justice includes the duties of the community towards the
individual. It embodies the notion of equity and equitable distribution. And finally,
commutative justice is the duty of an individual towards another individual and the
individual can even be an artificial person.
At the heart of justice is the will. Justice is a matter of the will. One must want
to be just. In order for society to live in justice, people as stakeholders must render
their duties and be responsible for others in society as well. Though everyone has
his or her interests, they must always be in consonance with ones duty. There is a
constant struggle in society for being just is not an easy task. For instance, in religion
one must give to the Creator what is due. This relationship is imperfect for there is no
guarantee that one will be able to give what one was able to receive. Equality is
never certain.
Law is like the compromise of various interests in society may it be freedom of
speech, information, religion and the like. Though there may be laws for such, there
are still things that cannot be compromised. People do not always get what they
want and people do not always do what they are supposed to do. This is the
challenge. Living in a just society is difficult but it is not impossible.

Justice as fairness is relevant to the Filipino most especially. There have been
numerous controversies surfacing in the media. Issues from the Reproductive Health
Bill to the Cybercrime Law. Indeed, one must always look at the stakeholders to
have a clearer grasp of the situation and to have a more sound judgment on such.
The RH Bill safeguards mans dignity and right to life while some say that the
Cybercrime law impedes justice and tramples on the freedom of speech and the like.
Justice of fairness should come into play in order for the legislators to think clearly on
the laws they create. They must always keep in mind that it must be beneficial to all.
It is their duty and society deserves such.
The law is an avenue for justice as fairness to prevail in society. By rendering
ones duty and giving the other individual his due can be lived out by abiding by the
law and creating laws, which aim to equalize the playing field. Crafting a society
where everybody can benefit and attain his or her own interests at the same time.