Laq of Contracts: 1650235 3 Ba LLB B

LAQ OF CONTRACTS
CIA 3
Torvald Klaveness A/S v Arni Maritime Corp. The Gregos

[1994] 1 WLR 1465 , HL
Vidya Sagar
1650235
3 BA LLB ‘B
John Bordley Rawls ( February 21, 1921 – November 24, 2002) was an
American moral and political philosopher in the liberal tradition. He held
the James Bryant Conant University Professorship at Harvard University and
the Fulbright Fellowship at the University of Oxford. Rawls received both
the Schock Prize for Logic and Philosophy and the National Humanities
Medal in 1999, the latter presented by President Bill Clinton, in recognition of
how Rawls's work "helped a whole generation of learned Americans revive their
faith in democracy itself.
In his 1990 introduction to the field, Will Kymlicka wrote that "it is generally
accepted that the recent rebirth of normative political philosophy began with the
publication of John Rawls's A Theory of Justice in 1971."Rawls has often been
described as the most important political philosopher of the 20th century. He
has the unusual distinction among contemporary political philosophers of being
frequently cited by the courts of law in the United States and Canada and
referred to by practising politicians in the United States and the United
Kingdom.
Rawls' theory of "justice as fairness" recommends equal basic rights, equality of
opportunity, and promoting the interests of the least advantaged members of
society. Rawls's argument for these principles of social justice uses a thought
experiment called the "original position", in which people select what kind of
society they would choose to live under if they did not know which social
position they would personally occupy. In his later work Political
Liberalism (1993), Rawls turned to the question of how political power could be
made legitimate given reasonable disagreement about the nature of the good
life.
Theory of Distributive Justice
A Theory of Justice is a work of political reasoning and morals by John Rawls,

in which the creator endeavours to take care of the issue of distributive equity
(the socially only circulation of merchandise in a general public) by using a
variation of the well-known device of the social contract. The resultant
hypothesis is referred to as "Equity as Fairness", from which Rawls infers his
two standards of equity. Together, they direct that society ought to be organized
with the goal that the best conceivable measure of freedom is given to its
individuals, constrained just by the idea that the freedom of any one part might
not endless supply of some other part. Also, disparities either social or financial
are just to be permitted if the most noticeably bad off will be in an ideal
situation than they may be under an equivalent conveyance. At last, if there is
such an advantageous disparity, this imbalance ought not make it harder for
those without assets to possess places of energy.
Veil of ignorance
"...no one knows his place in society, his class position or social status, nor does
anyone know his fortune in the distribution of natural assets and abilities, his
intelligence, strength, and the like. I shall even assume that the parties do not
know their conceptions of the good or their special psychological propensities.
The principles of justice are chosen behind a veil of ignorance."
As per Rawls, obliviousness of these insights around oneself will prompt rule
that are reasonable for all. On the off chance that an individual does not know
how he will wind up in his own particular imagined society, he is likely not
going to benefit any one class of individuals, but instead build up a plan of
equity that treats all decently. Specifically, Rawls claims that those in the
Original Position would all receive a maximin procedure which would amplify
the possibilities of minimal well-off.
Rawls constructs his Original Position with respect to a "thin hypothesis of the
great" which he says "clarifies the levelheadedness basic selection of standards
in the Original Position". A full hypothesis of the great trails we get standards
from the first position. Rawls claims that the gatherings in the first position
would embrace two such standards, which would then represent the task of
rights and obligations and manage the dissemination of social and financial
points of interest crosswise over society. The distinction guideline grants
imbalances in the circulation of products just if those disparities advantage the
most exceedingly terrible off individuals from society. Rawls trusts that this rule
would be a balanced decision for the delegates in the first position for the
accompanying reason: Each individual from society has an equivalent claim on
their general public's merchandise. Common properties ought not influence this
claim, so the essential right of any person, before facilitate contemplations are
considered, must be to an equivalent offer in material riches. What, at that point,
could legitimize unequal circulation? Rawls contends that imbalance is worthy
just in the event that it is to the upside of the individuals who are most
exceedingly worse off.
Analysis of his philosophy
The understanding that stems from the first position is both theoretical and
ahistorical. It is theoretical as in the standards to be inferred are what the
gatherings would, under certain legitimating conditions, consent to, not what
they have consented to. Rawls tries to utilize a contention that the standards of
equity are what might be settled upon if individuals were in the theoretical
circumstance of the first position and that those standards have moral weight
because of that. It is ahistorical as in it is not assumed that the assention has
ever been, or without a doubt would ever have been, inferred in this present
reality outside of precisely constrained trial works out.
His philosophy’s relevance in today’s world
John Rawls uses the ‘Minimax principle’ for his theory of distributive justice.
This theory states that people with less resources should be allocated more and
vice versa to eliminate birth and wealth inequalities. This cannot happen
practically as one is entitled to the resources that he/she has acquired or earned.
No person would willingly give up his work to others who haven’t worked as
much as him just to maintain an economic balance in the society.
John Rawls also talks about ‘original position’ which is behind the ‘veil of
ignorance’. He wants people to go behind the veil of ignorance and place
themselves in the original position. This is necessary as people will be ignorant
of their personal bias towards a particular group of people.
For example, in today’s world, the legislators have to go behind the veil of
ignorance so that there is no bias towards a particular group of people while
forming the laws. This applies to the political parties as well.
But, as we can see, in today’s world no one removes the veil of ignorance and
hence his contention that everyone will have an equal right to the most
extensive liberty compatible with a similar liberty for others is proven to be
fruitless.
For example, Shivsena’s ‘Sons of soil’ concept shows the biasness of the
political party towards a particular group of people (people of Maharashtra).

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LAQ OF CONTRACTS

Torvald Klaveness A/S v Arni Maritime Corp. The Gregos

Theory of Distributive Justice

A Theory of Justice is a work of political reasoning and morals by John Rawls,

Analysis of his philosophy

His philosophy’s relevance in today’s world

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