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On Dworkin's Concept Of Fairness Of Liberalism Of Social Integration

Posted on:2020-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:T X XuFull Text:PDF
GTID:2416330578460685Subject:Legal theory
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The purpose of this study is to reveal Ronald Dworkin's theoretical construction in the process of developing and perfecting a concept of fairness of liberalism has two relatively different stages and intermediate transformation.In the early stage,Dworkin constructed a Kantian normative theory of constitutional democracy of liberalism with the theory of rights and the theory of principles.In the later stage,he constructed a complete theory of fairness of liberalism based on the interpretive approach with the theory of "law as integrity"and relevant defense.There was a self transformation from early to late because of the challenge of modern pluralism.Liberal political-legal theory must treat the value of neutrality as the core connotation of legitimacy and further optimize the priority of "justice" over "good".The legitimacy of politics and law is based on the concept of fairness,which is either basic consensus,expediency or sovereign virtue.In Dworkin's opinion,the concept of fairness of liberalism regard the maintenance of human dignity as the primary purpose,and consider the purpose as the moral foundation of the liberal political and legal theory--ethical individualism.Ethical individualism contains two principles,the principle of self-respect gives equal concern to everyone's specific concept of good and good life,and the principle of authenticity ask people to realize his own good life by himself.In other words,every member of the community can realize the "good life" and "living well".Think the problem of personal dignity from the concrete social-national division pattern,we can be derive to a constitutionalism countries under the rule of law to protect citizens from illegal violation power--to ensure everyone's negative liberal rights of "good life"(i.e.private autonomy),which is based on political-legal rights.At the same time,a concept of distributive justice that fully concerns of equality should also be developed.On the one hand,it emphasize that citizens should be equal in the social distribution of resources,capabilities and opportunities;on the other hand,it emphasize that the political community should share a"partnership idea of democracy".Political decisions and rules reflecting the will of the majority can not be implemented through sacrificing the minority,and in the process of democratic decision we should emphasize"equality of impact" rather than "equality of influence".Distributive justice aims to provide equal economic,political and cultural conditions for personal "living well"(i.e.public autonomy).People regard the integrity value that express fairness as equality as the sovereign political virtue and form a fraternal ethical community--"real community".The unification of public autonomy and private autonomy in real community is not only the process of social integration but also the guarantee of individual autonomy,what's more,social integration and individual autonomy are unified in the realization of individual dignity.
Keywords/Search Tags:the concept of fairness of liberalism, Constitutional Democracy, pluralism, law as integrity, dignity
PDF Full Text Request
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