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Review Of The Rolls-law Philosophy,

Posted on:2011-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:W K YouFull Text:PDF
GTID:2206360302499500Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Since the 15th century the human civilization attained unprecedented achievements. The industrial revolution and progresses of science and technology created immeasurable material wealth. At the same time the spiritual and cultural achievements reached a new height. The most important is a new way of social cooperation. The new social cooperation mode is the free democracy and the rule of law.In the difficult process of modern political civilization, the concept of natural law played a crucial role. Natural law made human beings out of control of God, re-discovering their own value, finding self-confidence and strength themseves. Through the social reality change and the intellectual continuous trial and error, some acknowledged truth is confirmed, such the human is created equal and free, the ruler should be elected by people and under law.Surprisingly, these concepts are the crystallization of human experience, without sufficient reasoning process. The Contact Theory is rough. Human rationality seemed unreliable absolutely through the 18th classical philosophy. Utilitarianism, Pragmatism, Positivism occupied the center.Unfortunately, not only the human rationality is limited, Pragmatism is also very limited. Highly developed civilization had brought a higher degree of destruction and cruelty. The prevalence of colonialism and the two world wars confronted human with a hard difficulties.Having found means of creating wealth and civilization concepts, why bring such a result?From 1950s, the disdained natural law became resurgence.John Rawls is one of the most compelling one. Rawls would like to get rid of the crudeness of the classical natural law, instead of a more logical and more persuasive reasonging. Rawls designed a "veil of ignorance", brought "procedural justice" concept. But the basic doctrines in the natural law are not changed, except adding the concept of caring for the weak.However, Rawls's thinking changes from "A Theory of Justice" to Political Liberalism", from the universality of human cooperation and justice back to within the range of politics, show that the abstract normative thinking is pale ultimately. For more it relies on e constant experiences adjustment. Rawls's intellectual ambitions in the youth to find truth of human existence had to base on pragmatic issues such as recognition of diversity, looking for "overlapping consensus". To some extent this is a failure of Rawls's of new natural law. He clarified the classical theory of natural law once again and sublimated it. Finally he finds that universal gauge theory is only applicable to the political field.
Keywords/Search Tags:Contract Theory, Liberalism, Overlapping Consensus
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