Some of the strongest criticisms of the original position have come from contractualists sympathetic to egalitarianism. In “Contractualism and Utilitarianism,” Thomas Scanlon objected that, without special assumptions, choice under uncertainty justifies maximizing the average rather than the minimum, and is thus compatible with the least advantaged suffering serious avoidable hardship. Yet Scanlon also argued that the difference principle is unreasonably strict in its single-minded focus on raising the least advantaged position without regard to the size of forgone benefits in other parts of the distribution.1
Scanlon went on to develop a contractualist theory of moral obligation, not of social justice.2 More recently, he has discussed the reasons for objecting to economic inequality, defending a “weaker” version of the difference principle.3 Yet, as Jacob Barrett has argued,4 Scanlon is not entirely clear about the content of his alternate principle. Nor has he explained exactly how it is derived from the requirement of invulnerability to reasonable rejection.
Others have worked out what has become known as the “complaint model” of reasonable rejection, building on Scanlon's suggestions about how we might accommodate a limited form of aggregation while preserving the main thrust of contractualism's individualism.5 However, this model has been developed primarily in the context of moral rather than political philosophy, with a focus on problems of rescue, not decisions about the basic structure of a political society. The result is that there still isn't a Scanlonian theory of justice.
Choice from behind a veil of ignorance forces one to imagine what it would be like to be in someone else's disadvantaged position, but it also permits one to gamble—for the sake of a greater expectation—that one is unlikely to end up in that position. The complaint model of reasonable rejection requires not only that I consider your situation, but that I withdraw my own complaint if it is (much) smaller than yours.7 Since everyone in my position should do the same, it won't matter if there are more of us in my position than in yours. The complaint model is subject to a number of objections, but I will argue that most of them do not arise with respect to choices about the design of the basic structure of society, assessed in terms of the lifetime prospects associated with different social positions. As the basis for a theory of distributive justice, however, the complaint model is insufficiently egalitarian. Minimizing the maximum complaint does disallow many relatively trivial gains higher up in the spectrum of advantage from outweighing one serious loss lower down. However, once we relax lexical priority, the complaint model can also prevent many smaller gains lower down from outweighing one larger loss at the top end.
The article develops an egalitarian alternative to the complaint model, based on a competing account of role reversal. I