Rawls Civil Disobedience Thought

Civil disobedience is an extremely sensitive issue in modern society in which the rule of the law is very popular. Fearing that would undermine the authority of law and social stability, the discussion of this issue has also long been closely guarded a secret of the problem even in the Westen which has an active civil rights consciousness. Even so, it is not lack of the pelple who try to explore this behavior and theories among the long river of the rule of law in the Westen.Society。Thoreau, Gandhi, Martin . Luther. Gold, Arendt, Ronald Dworkin, and Rawls whom this article would focus on have research on the practice or theoretical of civil disobedience,. Until the twentieth century, the sixties and seventies, A number of civil rights protest occurred in the United States have pushed the theory of civil disobedience to the mouth of the wind and wave. So now, civil disobedience became the major topics which a country ruled by law can not avoid and the theoretical circles attach a great importance to itCivil disobedience is a violation of the law in the form of openly protesting unjust laws which have deviated from the rule of law. It aimed at trying to exert political pressure on the Government to change the unjust order, law or system, to achieve a real sense of the rule of law. Rawls's idea of civil disobedience continue to follow the tradition spirit fighting on the unjust rule. It deeply rooted in the Western natural law and social contract theory and smmarized and integrated the practical and theoretical material of civil disobedience in the westen.We can say it has reached a commanding height of Western ideas of civil disobedience .this article is in accordance with this research way to give a a comprehensive interpretation of Rawls's idea of civil disobedience.In addition to introduction and conclusion, this theoretical system is made of four parts:The introduction describes some of the major background Rawls's idea of civil disobedience generated from,In the meantime ,it give an theory position in his famous work "A Theory of Justice" and foreign research results are reviewed in this papers.Part I: two kinds of theories which made the foundation of the ideas of civil disobedience. In this part,it give a main interpretation of the two kinds of ground-breaking theories of the Western civil disobedience : natural law, as well as Hobbes and Locke's social contract theory. Natural Law is the earliest and most direct source of the civil disobedience theory. Hobbes and Locke is the synthesizer of classical social contract, their social contract theories also provided a varying degrees of theoretical driving to the civil disobedienc theory.Part II: the Western tradition of civil disobedience. This section describes the tradition of civil disobedience in the westen (mainly in the United States). The civil disobedience theory in the Western tradition have gone through a complex process of evolution. From the Kerry with the "conscience of disobedience" to Thoreau's "conscience refusal", Martin Luther King's "non-violent non-cooperation," Gandhi's "passive resistance" and then to Dworkin's "defy the law 0n the good principle", civil disobedience has experienced a variety of expression, to develop into a more systematic theory of Rawls's civil disobedience idea .All kinds of civil disobedience theory, practice and tradition has provided an opportunity for us to explore Rawls's the meaning of civil disobediencePart III: Rawls's Idea of civil disobedience. This is the core content and key part of this article.Rawls's theory of civil disobedience is a "mature, comprehensive theories," Rawls's civil disobedience is an important part of his theory of justice system.before introducing his ideas of civil disobedience, First ,Rawls explored the priority of the social system, two individuals principles and his theoretical breakthrough to the classical social contract theory.It lay an systemitic and logic foundation for the next interpretion.Rawls then further elaborates his meaning, limiting condition and significance of civil disobedience, giving a detail answer whether there is a moral obligation to obey the law in an just or deviate from justice society, In which case, what conditions, to what extent do citizens can defy the social system which deviate from his two just principles?Part IV: The Chinese context of Rawls's civil disobedience.This part is the Dotting text of this article. reading the classic books and concerning about the reality are the two major mission objective of contemporary scholars. The reason why we read the classic books is that We can pay attition to and resolve the social problems which is involved in classic books and finish the mission left by history.In this section, I return to Chinese Context of Rawls's civil disobedience ang give a superficial answer to the issues whether Rawls's idea of civil disobedience existein china? whether Rawls's idea of civil disobedience shoud be advocated in china? which aspects of the Enlightenment Rawls's idea of civil disobedience give us about chinese construction of democracy and rule of law,which are all chinese Practical problems.The Conclusion summarize the historical status and systemetic characteristics of Rawls's civil disobedience in the western and look forward to the development tendency of civil disobedience in China based on China's current reality.