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The Intension Of Law Culture In Rawls' Theory Of Justice

Posted on:2008-01-10Degree:DoctorType:Dissertation
Country:ChinaCandidate:M J ShengFull Text:PDF
GTID:1116360215967217Subject:Marxist philosophy
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Rawls'Theory of Justice contains rich and valuable law culture idea. This idea focuses on two justice principles, taking justice as value choosing, basing on the social compact and morality reason, featuring the politics construction, laying stress on equal thought for emphasizing the history tradition of the freedom preference and general equality suitability. Rawls accepts democratic constitutional government system , thinking that oneself perfect morality ability and the agreement credit for benefiting each other having produced the consciousness of abiding by the law. It's justice law culture includes: citizen, public rights, the thoughts of the law of people.The spirit Rawls 'law culture has built a kind of justice under the background of nomocracy in the basic social structure. Constitutional government system is a best form adopted by a democratic society with a nice order. In fundamental liberty, only politics liberty possesses justice value, liberty only for liberty reason is to be restricted. Legitimacy is the basic request, the deficiency of nomocracy and contract duty make citizens have sufficient reasons to obey injustice law. Only non-violence means can be adopted in resisting injustice law. Liberty preference embodies in economy and law systems, also embodies equal chance and different treatment, perfect social insurance system is to show solicitude to the most disadvantageous group in essence.Law culture brings the basis effect on realizing justice in social basic structure. From external form, the politics possibility and law feasibility proof endurance and stability of the idea of Rawls'law culture. From deep cause, the existing of reasonable and rational citizens, decide the existing of public reason in law, thereby may lead to overlapping between comprehensive theory and impartial law culture, this is the origin that the ideal has such tenacious vitality.The talk in the inner part of liberalism is the struggle between liberty and equality. The talk to communitarianism is the struggle between the value diversities of justice and moral sense, and also the benefits choosing of private and community. The talk to Jurgen Habermas is the struggle of the construction mould of law reasonability. There are some inspiring functions in the contrastive studies between China and western countries under the field of building a harmonious China.
Keywords/Search Tags:Justice Idea, Justice under the Background of Nomocracy, Function, Contrastive Studies
PDF Full Text Request
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