From the time of Mill until about the mid-20th century, most philosophers who defended democratic principles did so largely on the basis of utilitarian considerations—i.e., they argued that systems of government that are democratic in character are more likely than other systems to produce a greater amount of happiness (or well-being) for a greater number of people. Such justifications, however, were traditionally vulnerable to the objection that they could be used to support intuitively less-desirable forms of government in which the greater happiness of the majority is achieved by unfairly neglecting the rights and interests of a minority.

In A Theory of Justice (1971), the American philosopher John Rawls attempted to develop a non-utilitarian justification of a democratic political order characterized by fairness, equality, and individual rights. Reviving the 

notion of a social contract, which had been dormant since the 18th century, he imagined a hypothetical situation in which a group of rational individuals are rendered ignorant of all social and economic facts about themselves—including facts about their race, sex, religion, education, intelligence, talents or skills, and even their conception of the “good life”—and then asked to decide what general principles should govern the political institutions under which they live. From behind this “veil of ignorance,” Rawls argues, such a group would unanimously reject utilitarian principles—such as “political institutions should aim to maximize the happiness of the greatest number”—because no member of the group could know whether he belonged to a minority whose rights and interests might be neglected under institutions justified on utilitarian grounds.

Rawls holds that, given certain assumptions about human motivation, some inequality in the distribution of wealth may be necessary to achieve higher levels of productivity. It is therefore possible to imagine unequal distributions of wealth in which those who are least well-off are better off than they would be under an equal distribution.