On Rawls's Theory Of Contract

The present thesis from the historical perspective makes a comparative study of the theories of Social Contract, ie. what was called "A Theory of Justice", which Rawls was devoted to inheriting, resurrecting and transcending.The first section from the aspects of social background, essential contents and brief comments makes a summary of the theory of Social Contract (also called "classical theory of Social Contract"), which was put forward by Hobbes and supplemented, revised and perfected by Locke, Rousseau, Kant and other thinkers and which is taken as a mirror of the theory of Social Contract by Rawls. The social background of classical theory of Social Contract is traced from the perspective of the Renaissance, the Reformation, the Enlightenment and the Anti-tyranny. To introduce its essential contents a brief analysis of Hobbes, Locke, Rousseau and Kant is made in the framework of "Obedience Contract" and "Combination Contract" respectively with the method by J.M. Kelly, an Irish jurist. And the similarities of the classical theories of Social Contract are summarized in the form of comments and termed as "Characteristics of a mirror".The second section makes a detailed investigation of the theory of Social Contract by Rawls. The background in which Rawls' theory came into being includes "freedom from gods and demons", "wishes to peace the tense situation", "facing the criticism of postmodern philosophy ", "overcoming the internal contradictions of classical theories of Social Contract", and "meeting the challenge of utilitarianism". The stating point of Rawls' theory, the Original Position, is analyzed from the aspects of "circumstance of justice", "the veil of ignorance" and subjunctive conditions and principles of justice and maximin rule are analyzed in representing principles of justice as fairness. A brief comment on his theory is offered from the historical point of view and the theoretical foundation of its resurrection and transcendence is put forward.The third section is aimed at the similarities and differences between Rawls' theory of social contract and the classical theories of social contract and clarifying their theoretical foundations respectively and reaching an agreement about the theories of Social Contract by representing their theoretical context, consciousness of problems, specific contents and division of thoughts.The final section puts Rawls' theory into practice by relating it to the construction of harmonious society and the rule of law. As far as harmonious society is concerned, Rawls's theory is a guide to "priority of justice of system", "balance of freedom and liberty", "narrowing the gap between the poor and the rich" and "maintenance of justice between generations". And to the construction of the rule of law, a society which carries out his principles of justice is a society which is harmonious, wealthy, politically stable and is under the rule of law. In some sense, Rawls' theory expresses hope for a society of fairness, justice, freedom and equality and provides reference for our construction of the rule of law.To summarize the previous sections, we came to a conclusion that Rawls' theory is the inheritance and development of the classical theories of Social Contract, and there are differences between them in terms of theoretical context, consciousness of problems, essential contents and so on. A comparison of them reveals that Rawls' theory of justice is "hypothetical contractarianism", and can be understood as a "method of demonstration", an approach to justice. Justice is to be sought with the help of "social contract" in the hypothetical Original Position. His theory is procedurally and instrumentally sensible and go beyond the category of historical imagination of classical theories of Social Contract, and is promoted to "a higher abstract level". To both construction of harmonious society and the rule of law, Rawls' Theory of Justice is revelatory and can be referred to.