from behind a veil of ignorance, in which they prescinded from all knowledge of their own particulars that might give them an idea of how such arrangements would impact on their own well-being.5 4 So, for example, people might be required to imagine considering arrangements about racial discrimination without knowing what race they belonged to or arrangements about the state's relation to religion without knowing what religion they belonged to. Would it be appropriate to approach the principles underlying socioeconomic rights from this perspective? Could one argue, for example, that principles roughly similar to those that I mentioned at the beginning of this Article-the principles of socioeconomic rights that one finds in the UDHR, the ICESCR, or the South African Constitution-might emerge from a contractarian theory as the upshot of asking what people would agree to from behind the Rawlsian veil of ignorance? In light of what was said in Part IV, one might imagine a Rawlsian response to the effect that a nonallocative theory simply does not generate principles of that sort in this direct way. Rawls might say that if justice requires welfare payments, for example, then that will emerge in the course of the detailed elaboration of what is implied as a matter of public policy by the very abstract propositions that are the subject matter of decision in the original position. (We will examine this in Part VIII.) But, he will say, it misconstrues the order of argument in Rawls's conception to think that welfare can emerge as a matter of right as a result of directly applying the idea of choice behind the veil of ignorance. But actually that is not quite right, at least as far as Rawls's own theory is concerned. The "First Principle" of Rawls's conception of justice as fairness contains what he refers to as "equal basic liberties," under which heading we find many principles that are regarded as human rights. 5 These include political liberties, freedom of speech and assembly, liberty of conscience and freedom of thought, freedom of the person, and freedom from arbitrary arrest.56 According to Rawls, these are argued for directly using the idea of the original position.5 ' For example, the argument for the right of freedom of conscience is that ''persons in the original position . . . . cannot take chances with their liberty by permitting the dominant religious or moral doctrine to 54. For other uses of contractarian or quasi-contractarian approaches, see BRUCE A. ACKERMAN, SOCIAL JUSTICE IN THE LIBERAL STATE 327-28 (1980), and T.M. SCANLON, WHAT WE OWE TO EACH OTHER 189-90 (1998). 55. RAWLS, supra note 4, at 53. 56. Id. 57. Id. at 181. 792

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