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Rawls's theory of justice

2019-11-16 来源: 51Due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- Rawls's theory of justice,供大家参考学习,这篇论文讨论了罗尔斯的《正义论》。在《正义论》中,罗尔斯变革了传统社会契约论并提出一种新的社会契约论。罗尔斯的契约论是完全与社会历史分开的。根源于他对原初状态的假设,在假设中人是自由的,会为了追求正义,按照正义原则做事,做出正确的选择。依靠事先人们彼此签订契约彰显其合理性。罗尔斯目的在于设置一种不受外界干扰与影响的原初状态。

The word "justice" has been a controversial word since ancient times with no definite definition or concept. What is justice? Many philosophers and scholars have put forward their views, from Socrates, Plato and Aristotle's understanding of the initial state of justice, to modern western thinkers such as mill, who believe that justice is a moral standard specially used to evaluate the primary value of social system and some moral norms concerning the basic welfare of human beings. Rawls makes it more clear that in his theory of justice, the object of justice is the basic structure of society -- namely, the main system used to distribute citizens' basic rights and obligations, and to divide the benefits and burdens generated by social cooperation.

First, rawls "theory of justice" social justice issue involves areas of research, both as an ethicist research from the Angle of moral society's basic structure and its structure of distribution of rights and obligations, decided to social interests distribution, division of the justice problem, and due to the nature of the object, its wider political science, law, economics, sociology and many other areas, and research on the question of justice itself is the problem is certain to be discussed in the social relations, must be brought to the attention of the academia, appeal to the general public concern.

Second, after the baptism of world war ii, western countries were in turmoil. In particular, the gap between the rich and the poor in American society is further widening, and the contradiction is intensified. The society is in urgent need of reform and adjustment. Advocated government intervention "Keynesian" the failure of the plan, instead of "new conservatism", theory of state intervention and policy and the socialist planned economy to the criticism, advocated that market economy play an independent role in the allocation of resources, the one-sided emphasis on market operation, no government intervention. In theory of justice, rawls studied such issues as equality, freedom, fair opportunity, balance of resource distribution and difference principle, which exactly proposed solutions to real social problems in a virtual and abstract form similar to utopia. Therefore, it aroused strong repercussions in the turbulent American society and even the world.

Rawls clearly said: moral theory is an attempt to portray moral, we is to defend the moral, the justice theory is an attempt of sense of justice, defense of justice and we despise other theory involves the principle and structure, in the practical considerations and change as the basic theory of developing reveal morality for meaningful analysis. The two principles of justice mentioned in "theory of justice", in a sense, mark the turning point of philosophy and ethics: from the study of problem forms to the exploration of practical theory, and from the doubt and negation to the speculative affirmation. This turning point is a revival of pre-19th century and pre-19th century classical philosophy and ethics. This shift in philosophy towards substantive questions has been going on ever since in American society.

Finally, the thought of dialectics, as the principle of justice and fairness, gives the theory room to maneuver, so as to facilitate other theorists to find theoretical support and reference points for research, so as to express their own views or attack the object. His theory is speculative and can meet the needs of the people, making people unconsciously engage in theoretical thinking and reflect on problems in real life. His theory focuses on "balanced reflection", which always reveals the problems existing in social reality through dynamic and repeated comparison and revision, and explains the views on justice and thinking from different angles. Its unique charm lies in the depth of thought and the breadth of theory.

In theory of justice, rawls can be said to change the traditional social contract theory and put forward a new social contract theory. Rawls said in the book: "what I want to do is to summarize the traditional social contract theory represented by Locke, Rousseau and Kant and bring it to a higher level of abstraction.

First of all, rawls's theory of justice draws on the views and propositions of the previous contract theories. For example, the contract theory of Locke and Kant holds that in the original state, human rights are endowed by natural law -- natural human rights. Man is free and rational, and human reason is natural law. In the "perfect state of nature", people consciously and voluntarily choose the principle of justice to regulate their own behavior. Everyone is equal and people's common needs are endowed by nature. Before the original state to the origin of a country, people were restricted by the "natural law" to measure the standard of justice. What really makes the regulations and rules of justice are people's internal observance and measurement, rather than external legal provisions, so that everyone can abide by and reach consensus to build the natural state of the standard of justice. Secondly, rawls changes the natural state based on the traditional contract. He believes that the natural state originates from the hypothesis, and the social contract theory is also a hypothesis. Including the process from "initial state" through "social coordination and contract" to the state of state management, it is only a rational person's hypothesis and reasoning on the origin of the state. His hypothesis eliminates all doubts about the traditional contract theory, which is a great progress of the social contract theory in contemporary times. Rawls wrote: "compared with utilitarianism, the moral concept of fairness and justice is more deeply rooted in the first principles of ethical theory, which is a feature of the view of natural rights compared with utilitarianism." At last, rawls is the middle position between utilitarianism and deontology, integrating the concerns of utilitarianism and deontology into the theory of justice, showing a combination of pragmatism and science on the basis of rationality, so as to construct a new social contract theory.

Rawls's contract theory is completely separate from social history. It is rooted in his assumption of the original state, in which man is free and will act according to the principles of justice and make the right choice in the pursuit of justice. It makes sense to rely on people signing contracts with each other beforehand. Rawls's purpose is to set up a kind of external interference and influence of the original state. The ideal way is to gather people under a curtain, set up the roles they are in after they step out of the curtain, and see how people treat them according to a certain role, whether it is the mayor or the cleaner. In this way, people can avoid making unfair judgments and choices due to the interference of other factors, so as to protect the rights of vulnerable groups to the greatest extent. Of course, such rights are within the reasonable scale, because at the time of the establishment of the provisions, the people behind the scenes have already made a decision to ensure the maximum fairness and rationality of the procedure. People are selfish and have a rational, in the condition of "veil of ignorance", anyone can at any time the state of this assumption, the parties are the main body of morality, are subject to equal treatment, but their choice is completely ignorant, also is a condition in which the external environment and the people know nothing but choose the rational benefit of their contract. This ideal hypothetical state includes four core concepts: the environment of justice, the formal limitation of legitimate ideas, the veil of ignorance, and rationality. This primitive state is further interpreted as the social contract that people establish in favor of themselves according to the interests they need to obtain under the established ignorant and rational initial state.

First of all, rawls artificially invented the hypothetical environment of "veil of ignorance" to urge people to make rational choices for justice. The initial state was selfish, completely ignoring the interests of others, and even in a reasonable and rational state. People are isolated from each other and do not know the value difference between themselves and others. Even the self-cognition is not completely correct, which is the creative point of rawls.

Second, the veil of ignorance means that participants are in a "perfectly fair game environment," assuming that everyone can determine principles and make judgments fairly and objectively. The assumption behind this veil of ignorance and the creation of the environment behind the people have enough knowledge and correct concept of fairness and justice and value theory is unknown. It is also unknown whether their so-called fairness and justice are right, whether their judgment of social and historical environment is related to their latent consciousness based on their own knowledge base, and whether they will be influenced by these conditions to distort the truth and make wrong choices.

Thirdly, it is worth considering whether the original state under the veil of ignorance is reasonable and whether there are accidental factors. This assumption is limited by the subject's knowledge, and it seems that some concept of justice is not applicable under the actual conditions, or even cannot meet the needs of the people to some extent. Because in the original state do not have such a choice and justice principle, assuming that optimism with the typical idealism hue, as long as it is evidence of contract is assumed conditions as fairness and justice is reasonable, it is a kind of typical mistake idea, namely: a hypothetical contract all proved the result is reasonable.

Next, whether the original state is properly set is highly controversial. Veil of ignorance under the original position of the set is a hypothetical contract, one set of each factor is fair, rawls emphasizes disinterested by some ignorance and contract and in the case of ignorance protect the interests of the greatest number of people and the interests of the disadvantaged groups, thought as the typical sympathy for the weak tendency, with some degree of commercial value, ignoring the non-commercial nature of social life, the existence of collective identity.

Finally, people in the original state are rational, but given that none of the parties knows their basic concept of goodness, what guarantees that this state is rational and rational? What are the conceptual criteria for goodness? Among the various hypotheses, some basic rational Settings are defined, the flaws of the pure justice procedure, and the difference principle as the external model standard to test the procedure and result justice are deeply questioned. The justice as the basic structure of the society, the theme of the assumes that people are rational, with the concept of justice is good to promote social fairness and justice, because the veil of ignorance to eliminate the diversity, choose the main body of oneness in contract, whether to have a "personal formalism colour", rawls in order to defend their own justice, is questionable.

Rawls believes that the basic structure of society is to evaluate a kind of social institutional arrangement of the principle of fairness and justice. The principle of justice can only work under a certain system, and must not be confused with other principles because of the relationship between individuals and special circumstances. In theory of justice, rawls intends to construct a kind of substantive equality and proposes the concept of "justice as fairness". Rawls's concept of justice is presented on the basis of the contract as a kind of has a tendency to egalitarianism principle, the so-called justice is in the original state to ignore everything can make the distribution of the social basic good conditions, under the influence of skewed to participate in social distribution of basic rights and obligations and social cooperation results, as far as possible the equal share of benefits and burdens that emerges from the social cooperation, is both a hypothesis and a kind of idealism.

First of all, at the institutional level, the result is realized by the procedure, which is a pure concept of justice in nature, not to speak of the truth and correctness. It is a system that dominates the construction and makes people feel that it is fair and just. Under such a system, whether freedom and equality and maximization of benefits mean freedom and equality and maximization of benefits is deeply questioned. This is an imaginary state, not only an artificial illusion, but also an ideal state of sympathy for the weak individual proposition, full of emotion and personal concept.

Secondly, the two principles in the theory of justice embody the characteristics of a kind of procedural justice: social justice is the result of choice rather than a priori, and the concept of justice is raised to the debate between perfect procedural justice and imperfect procedural justice. Whether there is a clear judgment standard in the perfection and formulation of the procedure and whether this standard is reasonable cannot be verified. It's not clear whether the participants involved will make a particular choice for a reason other than the rational choice that rawls assumes. Advocating a pure procedural justice system as a guarantee of fairness, its justice is not to be considered.

Finally, on the basis of these principles of division of Labour and implication, it is presupposed that the social structure can be divided into two broadly defined parts. It wants both freedom under equality and fair distribution of income and wealth in line with everyone's interests, even though the social division of labor and economic inequality try to consider everyone's maximum benefits. Obviously, the contents of these two principles are quite specialized, and both are based on certain assumptions that must be revealed and proved to be reasonable.

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