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On Communitarianism Challenge And Criticism On Rawls' Justice Theory

Posted on:2008-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z L PengFull Text:PDF
GTID:2166360215487642Subject:Legal theory
Abstract/Summary:PDF Full Text Request
New Liberalism Trend of Thoughts used to be the main thoughts of western world in 1970s after the publication of "The Theory of Justice" written by John Rawls in 1971. With personal right as its core, Rawls set up the Theory of Right Justice, or it also can be called Theory of Society Justice, based on Thoughts of Liberalism, especially the Theory of Social Contract. However, Communitist seriously criticized the Theory of Justice. Therefore, it formed two opposing sides between Liberalism and Communitarianism in western academic circles in 1990s. This article analyses the logical starting point, value, ultimate aim and etc. of Theory of Justice, which are criticized by Communitist. Five parts of the article are set as follows:Part I. The society and economy, politics and culture, and thoughts and theories concerning the generation of Communitarianism.Part II. Communitarianism's criticism of the logical starting point of the Theory of Justice. The theory that Rawls set up is from person to community, which logical starting point is ignorant oneself while the theory of Communitarianism is from community to person, whose logical starting point is conceived oneself and formed oneself. Communitist thinks that the realization of justice relies on the person to practice personally.Part III. Communitarianism's criticism of the value of the Theory of Justice. Rawls thinks that right is prior to good and personal right is the value of justice; while Communitist thinks that good is prior to right and personal right must be realized in the community.Part IV. Communitarianism's criticism of the ultimate aims of the Theory of Justice. Rawls takes the pursuit of justice as the first virtue of social system, while Communitist thinks that justice is just one of the virtues and common good is the real ultimate concern of community.Part V. The analysis and criticism of Communitarianism. The article considers that Communitarianism reconstructs the Theory of Justice. The criticism of Communitarianism challenges Rawls and has great theoretical significance. But the challenge is not constructive. The article analyzes the possible enlightenment to rule of law in China.
Keywords/Search Tags:Communitarianism, Rawls, Justice, Challenge, Criticism
PDF Full Text Request
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