Rawls’ Theory Of Procedural Justice

This dissertation put Rawls "a Theory of Justice" as the mainly research object, and aims to sort out and explore Rawls’ theory of procedural justice.In"a Theory of Justice", Rawls directly made the typological division on the procedural justice, That was, perfect procedural justice, imperfect procedural justice and pure procedural justice. The procedural justice more indirectly reflects on pure procedural justice,which as the core of the procedural justice proof and application process.This dissertation focus on procedural justice analysis of Rawls’ theory of procedural justice from two aspects,including direct and indirect two aspects. This dissertation also analyzes Rawls pure procedural justice design and what it reflect the intrinsic value of the program itself-procedural justice.This dissertation can divide into three parts, the first part:the background and origin of Rawls’ theory of procedural justice. In order to discuss the content of Rawls’ theory of procedural justice, this part from the vertical and horizontal two latitude to illustrate Rawls thinking formation of procedural justice. Horizontal is the background of "a Theory of Justice"in which Rawls puts forward the procedural justice, and that background including Rawls personal growth background and social background.The longitudinal is the origin of Rawls’ theory of procedural justice, it include three parts,that is "natural justice"in British,"due process of law"in American and the justice of procedure in other countries of continental Europe.The second part:The analysis of Rawls’ theory of procedural justice. This part mainly analysis the content of Rawls’ theory of procedural justice, I put the content of "a Theory of Justice"and "Political liberalism"as the main line. First i analysis Rawls division on the procedural justice in"a Theory of Justice", That is, perfect procedural justice, imperfect procedural justice and pure procedural justice.And then i analysis personal view on the procedural justice.Second i analysis how Rawls amend the procedural justice and Rawls introduction of the substantive justice and concept of overlapping consistent in "Political liberalism".In"a Theory of Justice"pure procedural justice is the core of Rawls’theory of procedural justice, however, the two principles of justice which used to guide establish social architecture was the core of this book.As Rawls saied pure procedural justice was the way to prove the two principles of justice,and then I would analysis how Rawls through pure procedural justice design to demonstrate the two principle of justice is " the best justice principle by now". Finally I would from the value of the independence,person’s respect, the result of common identity three aspects to talk about Rawls pure procedural justice that embodies the procedure justice value.The three part:Comments on Rawls’ theory of procedural justice. Since Rawls published his book"a Theory of Justice", relevant procedure justice theory and theories appear constantly, including positive response to Rawls and criticism of Rawls. In this part I first discusses significance of Rawls’ theory of procedural justice,and then analyzes many scholars doubts about Rawls’ theory of procedural justice. Rawls’ theory of procedural justice not only has far-reaching influence to Anglo-American system country, and at the same time, also lead the civil law countries such as France, Germany and other countries to program the depth of justice issues. In view of the Chinese nation have heavy entity, light procedure tradition, finally I will analyze Rawls’theory of procedural justice reference meaning.This dissertation mainly adopts the research methods of comparison analysis, historical analysis of law, legal interpretation and so on.