On The Legitimacy Basis Of Economic Equality

The research topic of this thesis is to discuss the legitimacy basis of Economic Equality. The premise of analyzing this issue is to examine the legitimacy basis of Property Right. Whereas, this thesis starts from analyzing Locke's Labor Theory of Property and Nozick's Theory of Justice in Holdings, analyses and concludes the substance of Property Right Theory, discloses the disadvantages of this theory, and puts forward the three routes to disprove this theory.The first route to disprove Nozick's Theory of Justice in Holdings lies in the internal of it, in condition of not resorting to the Economic Equality. This thesis points out that the Formal Equality of human by Nozick cannot be realized in reality only by the theory itself. The emphasis of this thesis is the issue of legitimacy basis of Economic Equality indeed, therefore the last two disprove routes are main points. The second disprove route is provided by Rawls and Dworkin, to disprove the basis of Nozick's Theory of Justice in Holdings——Self-Owned Theory. The third disprove route is provided by Karl Marx, to prove the legitimacy basis of Economic Equality under the condition of the Theory of Self-Owned. In the same time of analyzing these theories, this thesis points out the disadvantages of them, and tries to comprehensive these theories in conclusion, obtaining a synthetical theory——Difference Priciple. To emphasize, throughout the studying and summarizing of these theories there is a line, which is attaching importance to the practicality of Justice Theory, that means to apply any of these abstract theories to the regulation of specific individual behavior.This thesis divides into nine chapters, which constitutes four sections:The first chapter is to discuss the circumstances and formal features of Justice, which is also the first sections of this thesis. The first chapter governs the whole thesis, playing the role of analysis tool. Many points of view in the follow-up analysis are reasoned from the discussing of the first chapter. This chapter also analyzes the relevant issues of Economic Equality and discusses the relation of the circumstances and formal features of Justice preliminarily, which are also foundations of the following analysis.The second chapter, which is also the second section of this thesis, mainly exams Locke's Labor Theory of Property and Nozick's Theory of Justice in Holdings, points out their essence and disadvantages, and prepares for the following criticize. This chapter also puts forward the three routes to disprove the Property Right Theory. In conclude, the function of this chapter is to set up a target for criticizing.The third chapter is to criticize Nozick's Theory of Justice in Holdings on the first step through the first route. This criticism is not related to the Economic Equality. It means to show that the holy and inviolable Property Right by Nozick cannot be realized in reality even if not resorting to the Economic Equality. The social reality is not"ideal", in which the contractual capacity of every person is different, the market failure is in existence, and people will discriminate against others out of prejudice.Therefore, the Formal Equality of human by Nozick cannot be realized in this free society without the intervention by the government. This kind of intervention of market is not related to the Economic Equality. It is reflected by the modernization of Civil Law, the emergence of Economic Law and the generation of Anti-Discrimination Law.The forth chapter is to discuss the issue of legitimacy basis of Ensuring the Right to Survival. Nozick's Theory of Justice in Holdings doesn't promise the Insurance of the Right to Survival. It against to any redistribution by the country, ever though out of the purpose of ensuring the Right to Survival. This chapter points out the"People is the Purpose"by Kant provides the legitimacy basis of Ensuring the Right to Survival. But it doesn't provide the further basis for the Economic Equality, which is the main discussion of the following chapters.The fifth chapter exams Rawls's Difference Principle. Rawls criticize Nozick's Theory of Justice through the second route of this thesis, disproving the basis of Nozick's Theory of Justice——Self-Owned Theory. The essence of Difference Principle is to take human's talent as a kind of"Common Property", thereby denying partially the Self-Owned Theory. But Rawls's Difference Principle doesn't consider the personal liability that gives rise to the Economic Inequality, which is conquered by Dworkin's Resource Equality Theory.The sixth chapter exams Dworkin's Resource Equality Theory. Dworkin eliminates the effects of human's talented capacity to the distribution of property by the way of "virtual insurance"of skills. But Dworkin's theory brings in too much factors such as individual factors and choice of luck to the scope of personal liability. In fact, individuals cannot undertake all the liabilities to these factors. As a result, the Resource Equality Theory runs to another extreme while conquering the disadvantages of Difference Principle, which leads to new problems in itself. The seventh chapter exams Karl Marx's Justice Conception. Marx criticizes Nozick's Property Theory through the third route of this thesis. Marx accepts the basis of Self-Owned and discuss the Economic Equality on this basis. Marx regards the Private Ownership as the primary cause of Economic Inequality, which is different from Rawls and Dworkin, who regards capacity difference as the primary cause of Economic Inequality. Marx's Exploitation Theory is to distinguish the Living Labour and Materialized Labour essentially, only allowing Living Labour but not Materialized Labour to make profit. Of course, Marx pays little attention to the issuer of Justice. The relevant discussing of Justice is referring to many of his works or hiding behind. Therefore, another mission of this thesis is to rebuild Justice Conception of Marxism.The above five chapters constitutes the third section of this thesis, which is the principle part of this thesis. The task of this section is to criticize Nozick's Property Theory. Among them, the criticism in the third chapter is not related to the Economic Equality, while the criticism in the last chapters are stretched centering the issue of Economic Equality.The eighth chapter tries to synthesis of the above theories. According to the above analysis, this thesis points out the three disadvantages of Rawls's Difference Principle: the first is not making a distinction of Donatives'Income and Earned Income; the second is not making distinction of Living Labour Income and Materialized Labour Income; third is not making distinction of Capacity-based Income and Endeavor-based Income. To overcome these disadvantages, this thesis obtains four aspects of Difference Principle, that is subdividing people's property sources into four aspects such as Inheritance and Donatives'Income, Capital Gain and Labour Gain, Capacity-based Income, Endeavor-based Income, and applying different tax rates to these four kinds of properties. This thesis picks up the advantages of the above theories while comprehension, revises the Difference Principle in the framework of Rawls's Justice Theory and puts forward a new Justice Theory synthetically——Difference Principle. This synthesis Justice Theory is more realistic and maneuverable, which can apply to regulating individual behaviors directly and reduce the damages to the social effectiveness, compared to the original Difference Principle. From other perspective, this theory makes for promoting Economic Equality.The ninth chapter makes transition from the abstract theoretical pattern to the social reality and exams the legitimacy basis of Economic Equality Right and its legal safeguards based on the realities. This thesis makes further extension of Mill and Nozick's Concept of"Innocuity", proposing that the legitimacy basis of Economic Equality Right, as a positive right, is the same as the negative right such as Property Right, that is basing on the"Innocuity of Behavior". Of course, the concept of"Innocuity of Behavior"is changed to some extent. In addition, this thesis exams the legal safeguards of Economic Equality Right, specially observing its relation with Constitutional Law, Tax Law, Social Security Law, Compulsory Education Law, Labour Law and Company Law. In the last, this thesis analyses, on the basis of reality, the practical issues of Economic Equality specifically and points out the four routes to realize the Economic Equality.The eighth and ninth chapters consist of the forth section of this thesis, which is also the conclusion. This thesis tries to synthesis of the above theories on the basis of the predecessors'theories. Of course, whether the Difference Principle raised in this thesis holds up depends on how well it will bare the examination by others and the inspection of myself.