Font Size: a A A

Thought On John Rawls' Theory Of Justice

Posted on:2011-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:X MeiFull Text:PDF
GTID:2166360302497689Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
John·Rawls is one of the most influential law philosophers in the contemporary west.His "Theory of Justice" has become a classic in 20th-century.Not only because it touched upon a broad and deep research, the theoretical system that concepted is abstract and concrete, the subject that discussed is real, important and urgent, but even because Rawls'philosophy attitude, that is he pursue justice all his life. Through several years of hard work, he relies on the excellent philosophy talent and close logical analysis and prove ability, and finally left a theoretical system of justice in the field of human spirit, and this system has his unique thinking and charm.,so that we can find a new direction in the trace of searching justice.The establishment of Rawls' theory of justice system is not groundless, nor is simply the result of speculative, but has profound producing reasons.This contains the experience of his childhood and his life, the writing age of United States's influence that brought him, inheritance and development on justice thinking from great thinkers of all ages, and accommodates his criticism on utilitarianism and sympathy on intuitionistic.Therefore, investigating the backgrounds of Rawls'theory of justice is of great help to understand Rawls'theory better and deeper.We need to know, Rawls's entire theory of justice is based on an abstract and new social contract theory, so his thought enrich a fendency of new naturalism law and value of law. He believes that the basic structure of society is the theme of justice, before people reached other agreements, we must first reach agreement on the principles of the social system.However, such contracting is not a real historical act, but the assumption that the original state of the selection result is between individuals in a cool and ignore the "veil of ignorance" under the option. Thus it has been produced by Rawls-respected in his "Theory of Justice" as described in the two principles of justice and his following two priorities that described, namely:The first principle:each person and other people have the most extensive system of equal basic liberty compatible with a free system should have a right to equality. Briefly the principle of freedom and equality; The second principle:social and economic inequalities should be so arranged, so that they:1,in line with the storage principles of justice, fit for the best interests of the fewest beneficiaries, a nutshell is difference principle; 2,according to department at the fair equality of opportunity and status under the posts should be open to all, In short the principle of equal justice for the opportunity.The first priority rule (the priority of liberty)Two principles of justice should be based on order of dictionary-style, so the sake of freedom only because freedom can be restricted, which there are two cases:one, a less extensive liberty must strengthen the integrity free system shared by all people;2, a less equal freedom must be accepted by those citizens who have less freedom.The second priority rules (just a priority on efficiency and benefits)The second principle of justice in a dictionary-style order priority to efficiency principle and pursue the interests of maximum efficiency principle; a fair chance to give priority to the difference principle.There are two cases:1,an inequality of opportunity must be extended to those who had fewer opportunities; 2, a high storage rate must ultimately alleviate the burden that borne by who bear this burden.Finally, he summed up a general idea of justice, that all social primary goods-liberty and opportunity, income and wealth, the basis of self-esteem-all have equal distribution, unless one or all of the value of an inequality allocation in line with the interests of everyone.Through the analysis of Rawls'justice thinking, I think his first priority rule, the priority of freedom can be used to solve the relation of free and equal;and his second priority rule, justice a priority on efficiency and benefits can be used to solve the relation between equity and efficiency. And we can also learn some main features of his justice thinking, such as the supremacy of justice, substantive justice, freedom priority and so on.Rawls focus on the analysis of social systems, emphasizing justice is the foundation of social system and the primary virtue and value of social system. Therefore, from a macro point of view, Rawls's Justice thinking has an important reference significance on the reform of our country's economic system, law making and implementation as well as the construction of harmonious society. In addition, from the microscopic point of view, he stressed that political freedom, that all able-bodied adults (except for some recognized exceptions) have the right to participate in political affairs, and every person who has the right to vote has one vote in this rule as much as possible respect. So I think to further optimize China's People's Congress, representatives of the structure reflects Rawls's first principle, that the principle of freedom and equality. And his researches on unequality of the distribution of wealth and rights, but needs to take care of the best interests of fewest beneficiaries in wealth distribution, and rights allocation should make people who have the same conditions sharing the same opportunities have important reference significance on how to distribute social wealth fairly in our market economy, reduce the socio-economic gap between individuals, and protect the basic interests of poor social groups.Therefore, it is also based on this point I think the "house property" the legalization of this transaction reflects just Rawls's second principle of justice, that is, the principle of equal opportunity and difference principles of justice. In addition. Except for paying attention to the issues of resources and chances of the same generation need to be allocated fairly, he also elaborated on behalf of generation justice and storage difficult problem. Rawls believes that justice does not allow generation of wealth through the direct consumption of possession by way of the interests of future generations.So finally, I discussed issues related to drought of southwest with the help of Rawls'theory of generation justice.
Keywords/Search Tags:"Justice", the principles of justice, free, fair, practical significance
PDF Full Text Request
Related items