When discussing distributive justice, late US philosopher and Harvard University professor John Rawls’ A Theory of Justice stands out as the most important work on the subject.
In his book, Rawls maintains that laws should be made behind a “veil of ignorance.” Liberalism argues that people originally lived in a natural state, but later decided to form societies to live together. This then led to the question of how to make laws in a way that ensures justice, as living together requires working out a social contract — laws — governing community members.
According to Rawls, to make just laws, those who take part in the legislative process must be completely blind to their own social background, political party, class and religion, as if they were making decisions behind a “veil of ignorance.”
In other words, all laws should be made behind this veil.
In reality, the method is impossible. Every lawmaker belongs to a political party and they more or less try to benefit themselves and harm their political enemies. Rawls of course understood that no lawmaker can become completely blind to facts about their own place in society, yet his concept of the veil of ignorance is an ideal that is well worth keeping in mind, and justice can be achieved by ensuring procedural justice.
Imagine lawmakers who know nothing about their own social backgrounds and political affiliations: If they were going to pass a bad law, they would worry about its negative effects on themselves. It is like dividing a cake: If the person dividing it will be the last to get a piece, they will definitely divide it as fairly as possible.
To a large extent, Taiwan owes its democracy today to the pioneers of the Democratic Progressive Party (DPP), which has played an essential role in helping the nation build its democracy. For that reason, Taiwanese expect the members of the party, who today are enjoying its benefits, to have a superior understanding of democracy.
Unfortunately, since President Tsai Ing-wen (蔡英文) took office nine months ago, her administration has been rather disappointing. Pension reform, for instance, has turned into a nationwide battle. How could that have happened?
The making and amendment of the pension laws are supposed to take place behind a veil of ignorance. However, the way several DPP politicians have openly talked about pension reform with pro-DPP commentators on TV shows is hardly any different from the Chinese Nationalist Party’s (KMT) anti-communism rhetoric in the past.
If they were truly behind a veil of ignorance, military personnel, civil servants and public-school teachers would not have been treated like enemies, because politicians would not know anything of their own background.
Two draft amendments and a draft bill to reform the pension system is to be sent to the Legislative Yuan for review next month. The DPP must keep in mind the veil of ignorance principle and not make the mistake of only identifying with its party and viewing all public-sector employees as KMT supporters — or even think that by hurting them it would consequentially hurt the KMT.
If legislators can adhere to the veil of ignorance principle, they will be able work together to make laws that are just and fair despite their varied political affiliations.
Hopefully the Tsai administration will be able to lead Taiwan toward becoming a better and even more democratic nation.
Allen Houng is a professor at National Yang Ming University’s Institute of Philosophy of Mind and Cognition.
Translated by Tu Yu-an
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