Analysis Of Contract Theory Method

The occidental tradition of social contract went through the theoryprocesses of ancient Greece and Rome original contract theory,classical contract theory in 17th and 18th century and modern contracttheory found by Rawls.But the modern contract theory remains to beimproved, there will be exploration on rational methodology ofcontract theory and a model of rational analysis will be made clear. The contract theory is always related with the concept ofreason.Reason has two attributes:objective and subjective. Thesubjective attribute of reason makes its actual content endowedvarying connotation, and the deepening of reason connotation bringsup the history of contract theory.Nature reason is related with theso-called nature law,it always raises some premises that needn't tobe proved or are latent,and it makes itself established on the basis ofthe sense of justice, this sense of justice comes from a natureemotion which takes forbearance as principle. Facilities reasonseparated from nature reason is a cogitation mode about practisematter,it belongs to experience reason ,not makes a start from reasonitself,it views itself as a tool which gives service to value,or reflectsthe so-called objective explain on the fact of social relationship i.e.positivism method which removes the influence of value factor andis called "value neutrality" . The concept of practise reason comesfrom Kant's ethic,it provided a kind of action cannon which based onmankind's social character,it contained the attach importance toindividual value;But facilities reason stresses priority character ofindividual value as social being.Modern contract theory should fix inwith the demand of practice reason. Rawls thought "rationalization" is depiction of experience practicereason which contained hypothesis orders,but it just made itselfsynonym of facilities reason,ration is non-definitive or different degree 48understanding on reason orders,it can be definitive under forthcomingintellect and objective condition.This principle based on hypothesisorders demands us to explore complete reason principle, Or underthis first the realistic condition regard it as the relative the truth atleast, create to set up the temporary rule. rational choice is acharacteristic of Rawls 'contract method, it's limitation embodies theample problem of localization and eligibility principle with Maximinrule and worth rule etc.. The ample problem i.e. the object choosedwhether can include all liable justice principle .The Maximin rule stillexsits conservative tendency, conservation does not belong to a kindof non-reasonal personality characteristics , and also will at considerswith circumspection appears the helpless mindset that signagreement, because they concluded the contract passively. Themodern contract theory should be a " analytic" rather than" selected",in selected theories people just make a consistent choicepassively, but sign agreement should go to in theoretically in realitycompletely participate the fulfillment activity , like this talent enoughnow person of active with free position. The justice principle of the Rawls is made an appeal to on acertain degree in intuition sense of justice, but the sense of justice toin reality the reasonal intuition in morals ability have the singledirection certain only.Rawls used a kind of" reflective equilibrium " ofproof method, he in reality ask for help from the sense of justice tothe claim ability for reason, synthesize the consideration for commonsense' rule and justice principle, make it had some feature of theintuition doctrine inevitably.Replace reflective equilibrium incontractual theory the function should be a kind of" Descartes typeanti think" of method, it not consider the principle at the same timeand judge these two equilibrium, but wants the certain start-up in atheories order, this start-up orders...