The Discussion Of The Theoretical Foundation Of "the Law Of Peoples"

According to the globalization deepening and gradual spread, the traditional international layout has been broken , and new global systematical order begins to establish. The problem of justice has also overstepped the realm of single country and become a international subject. Rawls regards global systematical order as object and discussion global just problem in his book of the law of peoples . Rawls uses the terminology of the law of peoples , has shown that his starting point of his stand is people .The idea of the law of peoples of Rawls is on the deep theoretical foundation of his political philosophy, and is a attempt to solve the political practice in international society . Although, his try is not quite successful, its inspiration of original meaning cannot be overlooked and be worthy of making further more thorough discuss and study . The purpose of this paper lies on : looking through basic principle and the core of the law of peoples ——human rights ——as to reach the purpose of discussing further the theoretical foundation of the law of peoples. When I deal with the theoretical foundation of the law of peoples for a systematic knowledge, at the same time, I make great effort to breakthrough the traditional understanding about the law of peoples. This paper divides into four parts totally . The first part analyse the understanding and the investigation of the law of peoples about human rights. Rawls uses this terminology of the law of peoples in his book the law of peoples, wanting to point a set of utilize in norm and the practice principle of international law in right and the special political idea of justice. The basic principle and key of this kind of political idea is human rights, and the purpose of the idea is to establish a set of the global just order embodying general lifetime. Rawls uses the word of peoples, and the meaning of the word is all national societies which correlation obey the ideal and principle of the law of peoples . In these national societies, they have own domestic government, and these governments, or is constitutionalism democratic system government, or is liberal grade system government. The study object of the law of peoples is not be single national country, but the relation between each national society and the practice of international society applying to the law of peoples . Therefore, how the law of peoples centering on human rights and justice to possess universalism in each national society which have different historical cultural tradition and have different political system? Because human rights are such a kind of idea, that is no matter had been recognized, human rights always belong to all human right of anywhere and any times. People enjoy these rights only because of be a person , regardless of the discrepancy in the aspect of race, religion, sex, social position, wealth, property or other any strength, culture or social property. In his book of The law of peoples , Rawls investigated the cultural origin of human rights,the content of human rights and the property of human rights . In the second part of this paper, has analysed the principle of human rights of the book of The law of peoples. Human rights is the natural right of person , this right is different from which people have because of certain kind qualification right, especially, different from individual political right. Human rights have different cultural origin, then it is neutral on politics. So the national society of different political system and different historical cultural tradition, have possibility on the most basic stipulation of human rights reach common recognition. The basic principle and key of the law of peoples of Rawls is human rights . The law of peoples will solve the justice problem of global systematic order. But in the traditional culture ,the theme of the research of the law of peoples often have been studied under the category of the concept of international law . Rawls use the concept the law of peoples replace international law, and the conversion of this kind of terminology has expressed a kind of change on thought way ——sovereignty unit occur change, country do not be ultimate sovereignty unit again, people is just basic sovereignty unit. The third part of this paper analysed the moral foundation of the book of The law of peoples . Rawls opposes firmly relativism on the question of global justice, however, he insists should solve the justice of global systematical order in the way of centering and basing on human rights. Nevertheless, the principle of humanrights if do not get the support of good idea in the cultural tradition of every national country, do not get ethics on the support of rightfulness, so such the law of peoples is thin unavoidably, also has possibility fall out expedient. Obtaining this point, Rawls surely has his ethics basic and morality legalization. Then, what is the ethical foundation of the law of peoples? Rawls in his political philosophy insists that right all along for the priority of good idea as well as the difference between the concept of reason and reasonable concept . Basing on such a foundation, Rawls has expressed him obligatory moral thought about political philosophy. On the same basis of the base, Rawls established for it's the law of peoples a unique, fair and reasonable moral foundation. In the final part, this paper analyses globalization and the law of peoples emphatically. In the second part of 20 century and the just the beginning 21 century, globalization process is developing at a unprecedented speed. The globalization begins bring up a world in which basic structure and way of life tend to sameness. But as various cultural crossing deeply swords with the morality value, the contradiction between globalization and regionalization also gradually sharp. The differential tendency is notable as well. The development of globalization cause maximum impact for justice idea, especially for the traditional global systematic justice order. The aggregative land is also the place of creation standard ——in which justice get spread and uphold in horizontal direction, talkers form association , common value standard make them combine together, apart completely from other person. However, globalization development has changed the traditional way of life of people, we...