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The behavioural underpinnings of Rawls's notion of distributive justice as outlined inA Theory of Justiceare tested in experimental contexts. Under conditions approximating Rawls's ‘original position’ (including the appropriate agenda, a ‘veil of ignorance’ and a choice rule designed to capture his main theoretical constraints), we test his ‘predictions’ that individuals would reach a unanimous consensus on a principle of distributive justice and would select the difference principle: a principle that maximizes the welfare of the worst-off individual in the society. This view is contrasted with our belief, that any general concern for fairness (or distributive justice) will take a different form: one that both attempts to take into account several values and pays attention to cardinal rather than ordinal measures of utility. Our results strongly indicate that individuals are capable of reaching consensus but that they choose what Rawls has called an ‘intuitionistic’ principle which attempts to take into account not only the position of the worst-off individual but the potential expected gain for the rest of society. The overwhelmingly preferred principle is maximizing the average income with a floor constraint.
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