This article discusses the concept of the original position of John Rawls. Therefore, it is necessary to study the concept in the theory of justice and moral philosophy of Rawls, then put it in perspective, and in dialogue with some theorists who lie in a marxist theoretical framework: Evgeni Pachukanis, Michel Miaille, Alysson Leandro Mascaro, Michael Löwy, Anselm Jappe, and Marx himself. Indeed, it will show that the thought of Karl Marx, far from not considering the law, laid the groundwork for a critical theory of liberal ideology that insinuates itself in the writings of Rawls: though he brings the principles of justice, and is defined as "egalitarian liberalist," the liberal ethics, with rational individuals capable of choosing the best options and reject social inequality essentially from a moral perspective, is present in his work. The aim of this paper is to dig for the inconsistencies of the concept of original position and thus raise it to another perspective.

Author Name: Pedro Dalla Bernardina Brocco

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Keywords: Original position; subject of law; commodity form.

ISSN: 2179-8966

EISSN:

EOI/DOI: 10.12957/dep.2015.11998

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