The Starting Point Of Justice

Rawls' theory of justice is the essential idea of his two principles of justice(The first principle:Each person is to have an equal right to the most extensive basic liberty compatible with similar liberty for others;The second principle:the social and economic inequalities are to be arranged so that they are both.①reasonably expected to be to everyone's advantage;and②attached to positions and office open to all.)However,the two principles of justice have to not just come down from heaven, but rationality is derived,the derivation is the application of the "original position" theory.The "original position" theory is in a critical position of the whole theory,it is not only the logical starting point of Rawls theory of justice but also the proof method of the two principles of justice,he seeks for and proves the two principles of justice in his mind through the "original position" theory.It can be said that without the "original position" theory,there will be no two principles of justice;Without the two principles of justice,There will be no further discussions of the whole justice building,don't mention "justice as fairness" theory.In view of this,this article will pay close attention to the "original position" theory and its relevant elements of this theory。This thesis is divided into four chapters,and it is briefly summarized as follows:ChapterⅠ:Preface.This chapter consists of three parts.First,we elaborate the reasons of selecting the "original position" theory as the subject of this thesis as well as academic value and practical value of the subject。Second,we overall display The research achievements and train of thoughts of the academic community of domestic and abroad about the "original position" theory。Third,we show our research methods and innovation of this article:(1) Analysis of the "original position" theory breaks through the original framework of "A Theory of Justice",we sum up in five areas about the key element of the "original position" theory.(2) we trace the history of philosophy of the "original position" theory——natural state.(3) We would like to thoroughly criticize Rawls' the "original position" theory from Historical materialism.ChapterⅡ:the theory origins of the "original position" theory.This chapter consists of two parts.First,the theoretical background——utilitarianism and intuitionism.He had to face utilitarianism and intuitionism when Rawls wrote "A Theory of Justice" in 1970s,On the content,he must face utilitarianism which was dominant theory in Britain and the United States since the 19th century.on the ways, he also could not escape from the entanglement of the intuitionism theory.The "original position" theory is not only Rawls' selection method of the principle of justice,but also the good choice against intuitionism and utilitarianism.Second, theoretical origin——natural state.Some people think that the original position is a rational assumption,so it has nothing to do with the traditional theory of natural state,we think this is a hypothetical arbitrary.Therefore,we still would like to trace the historical pace,looking for philosophy history of the original position,we must focus on the introduction about Hobbes,Locke,Rousseau and Kant's opinions of natural state.ChapterⅢ:analysis of the "original position" theory.This chapter consists of five parts.First,Rawls' definition of the original position himself.Second,the five elements of the "original state" theory:(1) The hypothetical option——elected principle;(2)The hypothetical Information——veil of ignorance;(3)The hypothetical main body——freedom,equality,rationality;(4) The hypothetical environment——social environment,Physical environment;(5) The hypothetical psychology——mutually disinterested,non-jealous,sense of justice;Third,foundation of the "original position" theory——maximin rule.The "original position" theory is taken by the concept of pure procedural justice.The two principles of justice is the "original position" under the purely procedural justice,using of maximin inference rules of the selection results.Fourth,the results of the "original position" theory——two principles of justice.Fifth,the meaning of the "original position" theory".ChapterⅣ:the plight of the "original position" theory.This chapter consists of three parts.First,the theoretical plight.Not everyone agrees to Rawls' the "original position" theory,actually lots of people develop Their own theories through criticizing Rawls' theory.In this paper,some representatives of the following opinion: Sandel,MacIntyr,Nozick,Second,the theoretical response.Facing to questions from all aspects of voice,Rawls is not tuming a deaf ear,but seriously considering and making a positive response,the corresponding leads to some adjustments to his own opinion of the theory.The modifications of Rawls' the "original position" theory is mainly reflected in three aspects:(1) Adjust the scope of application of the theory; (2) Adjust the Social Characteristics;(3) Adjust the main contract;Third,the "original position" theory under the perspective of historical materialism.We find all the critics have one thing in common:they all recognize the constituent elements of the "original position" theory,it can be true at the basis of the assumption.On this basis,a large number of critical theorists give criticism from the contradiction of constituent elements between the existence of the "original position" theory.We believe that the position of the homogeneity of philosophy and the same pursuit will inevitably lead to only do some repair and improvement work.We have to do the work from the perspective of historical materialism.All criticism mainly from the perspective of the following three areas:(1) The main criticism of default;(2) The main criticism of the hypothetical Information;(3) The main criticism of The hypothetical environment;...