Font Size: a A A

Procedural Justice And Procedure Of Justice

Posted on:2009-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:G P YeFull Text:PDF
Abstract/Summary:PDF Full Text Request
This paper focus on the thoughts of procedural justice from A Theory of Justice of Rawls, an outstanding philosopher during 20th century in America.A Theory of Justice classifies procedural justice as an independent category, discussing whether the standard of result justice exists and whether procedure can ensure the result justice. It divides procedural justice into perfect procedural justice, imperfect procedural justice and pure procedural justice. However, this is the direct expression of procedural justice. Procedural justice in A Theory of Justice is greatly embodied in the process of the argument and application of two justice principles, which are based on the conception of the procedural justice, especial on pure procedural justice.In the first part of A Theory of Justice, Rawls adopted the conception of pure procedural justice and displayed that the two justice principles were so far the best justice principles. This means, the valid of justice principles does not originate from certain substantial basis, but from procedure, and procedural justice determinates the result justice. There are two kind of procedures to prove the two justice principles. First, treaty procedure, which is based on contractualism, aims at proving that people are willing to choose the two justice principles as justice principles leading to the basic structure of society. Second, reflective equilibrium procedure, which links the theory fabrication and social reality, through constantly revising the originate position condition or intuitive judgments, finally proves that all kinds of condition in the original position is valid.The second part of A Theory of Justice presents the application process of the two justice principles in society. In this process, Rawls presents his viewpoint of procedural justice. The choice and implement of justice principle were described as a four-stage sequence: adopt justice principles, choose a constitution, legislative and application of rules. This contains procedural consideration. Ideal constitution and legislative should conform to perfect procedural justice, but those which could be affected by other factors were not perfect procedural justice. However, in the scope of permit, we often judge them according to quasi-pure procedural justice, and the distribution of income and wealth was considered as pure procedural justice. No matter the two justice principles can or can't be changed from theory fabrication into reality or implement into social life, they both are ensured by constitutional procedure and legislative procedure.Of course, Rawls' procedure is not something perfect. He hadn't completely fulfilled the aim of the two justice principles, which were verified and applied according to pure procedural justice. But we must notice that Rawls' hard work has enlightened, and deepen people's understanding to the procedural justice.
Keywords/Search Tags:A Theory of Justice, procedural justice, two justice principles, procedural provement, constitutional procedure
PDF Full Text Request
Related items