The relationship between rights and goodness,as an indispensable research topic in the political field,has formed different perspectives of many schools of thought,with complicated contents and profound meanings.Taking the development and change of contract theory as an entry point,we trace back to the development context of "rights and goodness" based on the history of respect and reflection.The "right" has a strong personal touch,but it is not independent of the entire society,just as everyone will not be willing to stay away from the crowds and go alone to these islands to enjoy these rights.To be exact,the various issues related to "rights" have infiltrated into all aspects of individual life and social life and have taken root in all directions and infiltrated the trajectory of the community’s operation."What exactly is the right","whether the rights can not depend on any special good idea in the life of the community",and "how should the relationship of rights and goodness be"......The continuous thinking and questioning of the above problems have formed the theory of "rights and goodness" The meta-questions,the answers to the meta-questions,on the one hand,form the justification of the government’s legitimacy.There is a fundamental disagreement between the theory of social contractarians and utilitarianism and Marxism on the connotation of "rights," and the debate on natural rights and positive law continues to this day.Natural rights themselves have such basic moral values as "freedom","equality" and "security" or basic social values.However,the concept of obligation as the moral basis of natural rights has always been vague and makes it difficult to apply them in practice.The social contractualists based on the theory of natural rights,whether classical liberalism or neoliberalism represented by Rawls,have irremediable shortcomings in dealing with the relationship between right and goodness,The exploration of "the priority of rights over the good" does not constitute a solid modern political order;while Bentham maintains the theoretical position of positive law,his point of view that "good takes precedence over right" is often confronted with "sacrificing the rights of minorities and Interest in return for the greatest net effect of society ";communityists who challenged "rights over precedence " are mainly based on the reflection and criticism of Rawls’ s theory of justice,although the importance of community life is raised However,no measures or solutions that can be applied in practice have been proposed.Therefore,neither "priority over right" nor "good over right" has been found to be the true source of political legitimacy.Therefore,to discuss the relationship between rights and goodness and elaborate the direction of government legitimacy,the author puts forward the concept of "institutional ethics" and puts forward some suggestions for the present social construction. |