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Study On Rawls' Theory Of Procedural Justice

Posted on:2009-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y DengFull Text:PDF
GTID:2166360272974229Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The dissertation can divide into six sections, the first one is exordium. John Rawls, who combined the theory of justice successfully, advanced the representative theory of social justice. He put the procedural justice into the theory of justice and divided it into different kinds. It affects the researches on procedural justice during next several years.The times background and origin of law ideology about Rawls'procedural justice was analyzed in the second section. American society was in the large alternation, within lots of intensive contradictions. Lots of turbulent elements filled in the society. So, the origination of law ideology about Rawls was the practical requirement about that time. At the same time, there was a close connection with his ideology and the tradition of paying attention to procedure in western nations.The formation of Rawls'procedural justice was expatiated in the third section. As the representative person of new natural law, Rawls wanted to find out the theory of social justice and its principles. So he criticized the western utilitarianism. During this period, Rawls put forward the avenues to achieving the procedural justice. So, that's to say, the formation of Rawls'procedural justice is the result of integration of several elements. It is not only influenced by the new natural law, but also formatted during the criticizing the western utilitarianism. It reflects the hardworking of searching the social justice.In the fourth section, theory system of procedural justice was illustrated elaborately. Rawls made a hypothesis at the beginning. He said that people in the"original position"were under the"veil of ignorance". In this occasion, procedural justice was used to allocating the social resources fairly. So the original position and the veil of ignorance became the premise of his procedural justice, even the whole social justice theory. Rawls spent his whole life to research the theory of justice, which feature is procedural justice. In A Theory of Justice, Rawls lead the procedural justice into the system of justice at the beginning, then, he described the different kinds of procedural justice. This paper starts with the classification of procedural justice and cards the diversification of procedural justice in different times. It pays more attention to the"pure procedural justice", because"pure procedural justice"is the core of the theory of procedural justice. With the publication of the Political Liberalism, Rawls changed his aspect on procedural justice. He introduced the substantive justice into his theory and combined it with procedural justice. At the same time, this part also analyzes the function of procedural justice and how to realize the pure procedural justice. The writer wants to make the theory perfect.The fifth section is far-reaching infection about the Rawls'procedural justice. Under the"original position"and the"veil of ignorance", his theory causes lots of debates. This paper tries to compare these debates and meditate on this theory, in order to find out its affirmative ingredients and negative ingredients. We have to take an objective view about the procedural justice of Rawls. His theory demands the justice in establishing a rule and applying it. Procedural justice is the way to allocate the right and duty. In the surroundings of harmonious society today, Rawls'theory also plays an important role in finding out the solutions of social problems currently.The sixth section is conclusion. Today, our country is in the changing time. We should seek after how to build the law-governing and how to protect right. Rawls'procedural justice is useful for us to build the harmonious society with equality and justice.
Keywords/Search Tags:Rawls, Procedural Justice, Formation, Theory, Influence
PDF Full Text Request
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