The Limitations Of The Rules Of Justice

As a key term in the analysis of politics rights are virtually some basic moral principles,such as liberty,equality,and more,which are the basic rights implied in the concept of rights.However the fundamental rights must be concreted into legal rights practically,which is the second aspects of what the right means.The universalism and practicality of rights are the focuses of my dissertation.In the first part,I summarize the normal theories about rights historically,especially from Immanuel Kant to John Rawls.The absolute prerogatives of rights are expressed in the individualism,rationalism and universalism of the normal theories epistemologically.The methodological dilemma is analyzed from three aspects which are communitarianism,voluntarism and post-modernism.Inducted from the fundamental rights,legal right is a system of rules. Based on some views about institutional justice,institutions are the choice of procedures or mechanisms by reason people who pursue benefits following meta-rules.Therefore the most important question is how to build the theory of the rule-making.Micro-analysis is developed about the rational choice in the second part.The formulation of legal rights is a process of law making from the practical aspect,which opens the opportunity of practical rights.As a macroscopically practical political process,legal rights are transformed into practical rights,while the rule of law and democracy are realized.Therefore I discussed the operation of rules in the practice from macroscopic views in the third part.The differences between deliberative democracy and electoral democracy,and between law and policy are also discussed in order to spot on the dilemma of institutional justice in the practice.In the last part of the article,I reflect on the theoretical and practical implications of the abuse of rights globally.Although some positive aspects of the rights' expanding must be emphasized because the individual rights are enforced,we should know that the theory is hardly consistent with the basic values,and furthermore,the diversities of nations and cultures are cost.