羅爾斯論正當與善
發(fā)布時間：2018-08-04 21:04
【摘要】：羅爾斯的正義理論是一種義務(wù)論理論,它與功利主義目的論的理論的不同之處就在于,對于正當和善的優(yōu)先性關(guān)系上面,他認為“正當是優(yōu)先于善”的,實際上,他的整個理論體系都是基于這個前提而形成的。正當對于善的優(yōu)先性貫穿于羅爾斯的整個正義理論當中,雖然當中沒有直接涉及到他們之間的關(guān)系問題,但是這個問題卻是蘊含在對很多問題的討論當中,所以,本文也主要是通過考察羅爾斯理論中關(guān)于正當與善的優(yōu)先性問題來完成對他的正義理論的敘述。 羅爾斯的正義原則主要的適用對象是社會的基本結(jié)構(gòu),他在正義理論里特別提到了對社會利益之公平分配的處理方式,體現(xiàn)了對最少受惠者的重視程度。他不滿功利主義理論中將善優(yōu)先置于正當之前的理念,最大限度的追求最大化的善必然會導(dǎo)致不公平的分配,這樣一來,就會產(chǎn)生部分人的自由平等權(quán)利和利益被剝奪和損害的情況,因此,這種功利主義原則就不可能是正義的。羅爾斯重視自由權(quán)利的優(yōu)先性,并堅持把人作為自在的目的而絕非一種追求善的手段來對待,他認為人本身就具有價值,他的正義理論是一種公平的正義理論。 有人把羅爾斯的理論稱作是“溫和的義務(wù)論”,因為它在強調(diào)正當對善的優(yōu)先性的同時,也并沒有將正當和善完全分離開來,兩個正義原則是在預(yù)先假設(shè)“原初狀態(tài)”的理想環(huán)境之下,人們對某些基本善的欲求作為動機,而被選擇出來并一致同意的,這不同于康德的那種道德法則純粹來自于先驗理性的理論建構(gòu)方法,羅爾斯不贊成康德將正當與善相分離的處理方式,他的兩個正義原則的形成是離不開生活經(jīng)驗的。羅爾斯的差別原則的作用就在于,堅持正當優(yōu)先性之余也要注重結(jié)果的公平,也就是說,羅爾斯所提倡的自由是一種平等的自由。 本文主要分為三個部分來討論正當與善的優(yōu)先性問題,首先闡述了羅爾斯正義理論形成的前提或者說是理論基礎(chǔ)。正義理論是在批判和否定長久以來居于主導(dǎo)地位的功利主義的基礎(chǔ)上形成的,主要是通過對個人原則直接擴大到社會原則、分配問題的漠視以及它是一種目的論這三個方面來進行批判的�？档碌牡赖抡軐W(xué)首先是義務(wù)論范疇,這體現(xiàn)在他的“絕對命令”之中,并且他的義務(wù)論理論的建構(gòu)方式和一些具體的道德觀念在很大程度上影響著羅爾斯的正義理論。第二部分主要是具體討論了羅爾斯正義理論中“正當”和“善”的概念、內(nèi)容以及他們之間的關(guān)系。正當原則主要的適用對象是個體、社會基本結(jié)構(gòu)、國際之間,我們主要研究社會基本結(jié)構(gòu)的正當原則,也就是兩個正義原則。對于善的觀念的把握,羅爾斯主要通過兩種善的理論來闡述的,一是用弱理論的善來解釋社會基本善的含義,然后就是應(yīng)用于個人生活計劃的特殊的善,也就是善的強理論。然后,就是正當與善的關(guān)系問題。他們是既有區(qū)別,又在某種意義上是具有一致性的,羅爾斯強調(diào)正當優(yōu)先兼顧結(jié)果,不能完全脫離實際經(jīng)驗來定義正當。第三部分是文章的最重要的部分,主要是從三個方面對“正當優(yōu)先于善”進行論證,一個合理的正義理論必須要經(jīng)過論證。首先是論證正義原則對善觀念的優(yōu)先性,正義原則的提出不以任何善觀念為指導(dǎo)。再就是正義原則內(nèi)部的詞典式順序,自由的優(yōu)先性以及機會公平原則對于差別原則的優(yōu)先性,自由的優(yōu)先性保證人們享有基本的平等自由權(quán)利,機會公平原則保證人們享有公平的開放地位,差別原則是對最少受惠者利益的特別關(guān)注。最后一部分,就是結(jié)論部分。 正當與善的關(guān)系對于羅爾斯的理論具有非常重要的意義,通過對這兩者關(guān)系的把握從而形成了他的正義理論,正義原則以一種最高的標準規(guī)范著人們的行為和思想,公平的理念、平等的自由理念以及關(guān)注弱者利益等理念為人們構(gòu)建一個秩序良好的正義社會提供了很大的指導(dǎo)作用。
[Abstract]:Rawls's theory of justice is a theory of the theory of obligation, which differs from the theory of utilitarianism. As to the priority relationship of good and good, he thinks that "justification is good for good". In fact, his whole theory system is based on this premise. In Rawls's whole theory of justice, although the relationship between them is not directly involved, this question is contained in the discussion of many problems. Therefore, this article is mainly to complete the narrative of his theory of justice by examining the problem of the priority of justice and good in Rawls's theory.
The main object of Rawls's principle of justice is the basic structure of the society. In the theory of justice, he specifically mentions the way to deal with the fair distribution of social interests and embodies the importance of the least beneficiaries. He is dissatisfied with the concept of good priority before the utilitarianism and maximizes the pursuit of maximization. Good will inevitably lead to unfair distribution, which will lead to the deprivation and damage of the rights and interests of some people. Therefore, this utilitarian principle can not be just. Rawls attaches importance to the priority of free rights and insists on taking people as a means of freedom, not a means to pursue good. He thinks that human beings are valuable, and his theory of justice is a fair theory of justice.
Rawls's theory is called a "mild obligation theory", because it has not completely separated the proper harmony while emphasizing the priority of good and good, and the two justice principle is under the ideal environment of pre hypothesis "original state", people are chosen for the desire for some basic good, and are chosen. It is agreed that the moral law, which is different from Kant, is purely derived from the theoretical construction of transcendental rationality. Rawls does not approve of Kant's separation between justification and goodness, and the formation of his two principles of justice is inseparable from the experience of life. The role of Rawls's difference principle is to adhere to the proper priority. Yu also must pay attention to the fairness of the results. That is to say, the freedom advocated by Rawls is an equal freedom.
This article is divided into three parts to discuss the priority of justification and good. First, the premise or theoretical basis of the formation of Rawls's justice theory is expounded. The theory of justice is formed on the basis of criticizing and negating the long dominated utilitarianism, and the main purpose is to expand directly to the society through the principle of individual to the society. The principle, the disregard of the issue of distribution and its criticism of the three aspects of the theory of teleology. Kant's moral philosophy is first in the category of the theory of obligation, which is embodied in his "absolute order", and the construction of his theory of obligation and some specific moral concepts affect Rawls's justice to a great extent. The second part mainly discusses the concept of "justification" and "good" in Rawls's justice theory, the content and the relationship between them. The main object of the proper principle is the individual, the basic structure of the society and the international, we mainly study the legitimate principles of the basic structure of society, that is, the two principles of justice. In the grasp of ideas, Rawls is mainly expounded through two kinds of good theories. The first is to explain the meaning of social basic goodness by the good of the weak theory, and then the special goodness which is applied to the personal life plan, that is, the strong theory of good. Then, it is the relationship between the right and the good. The third part is the most important part of the article. The third part is mainly the demonstration of "justifiable priority to good" from three aspects, and a reasonable theory of justice must be proved. The first is to demonstrate the principle of justice to the good idea. The proposition of the principle of justice is not guided by any good idea. It is the lexicographic order within the principle of justice, the priority of freedom and the priority of the principle of fair opportunity for the principle of difference. The priority of freedom guarantees that people enjoy the basic equal rights of equality and freedom, and the principle of opportunity and fairness ensures that people enjoy a fair and open land. The principle of difference is a special concern for the interests of the least beneficiaries. The last part is the conclusion.
The relationship between justice and good is of great significance to Rawls's theory. Through the grasp of the relationship between the two, his theory of justice is formed. The principle of justice is constructed with the highest standard to standardize people's behavior and thought, fair idea, equal freedom idea and attention to the interests of the weak. A well ordered and just society provides a great guidance.
【學(xué)位授予單位】：西南大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2014
【分類號】：D091
本文編號：2165131
[Abstract]:Rawls's theory of justice is a theory of the theory of obligation, which differs from the theory of utilitarianism. As to the priority relationship of good and good, he thinks that "justification is good for good". In fact, his whole theory system is based on this premise. In Rawls's whole theory of justice, although the relationship between them is not directly involved, this question is contained in the discussion of many problems. Therefore, this article is mainly to complete the narrative of his theory of justice by examining the problem of the priority of justice and good in Rawls's theory.
The main object of Rawls's principle of justice is the basic structure of the society. In the theory of justice, he specifically mentions the way to deal with the fair distribution of social interests and embodies the importance of the least beneficiaries. He is dissatisfied with the concept of good priority before the utilitarianism and maximizes the pursuit of maximization. Good will inevitably lead to unfair distribution, which will lead to the deprivation and damage of the rights and interests of some people. Therefore, this utilitarian principle can not be just. Rawls attaches importance to the priority of free rights and insists on taking people as a means of freedom, not a means to pursue good. He thinks that human beings are valuable, and his theory of justice is a fair theory of justice.
Rawls's theory is called a "mild obligation theory", because it has not completely separated the proper harmony while emphasizing the priority of good and good, and the two justice principle is under the ideal environment of pre hypothesis "original state", people are chosen for the desire for some basic good, and are chosen. It is agreed that the moral law, which is different from Kant, is purely derived from the theoretical construction of transcendental rationality. Rawls does not approve of Kant's separation between justification and goodness, and the formation of his two principles of justice is inseparable from the experience of life. The role of Rawls's difference principle is to adhere to the proper priority. Yu also must pay attention to the fairness of the results. That is to say, the freedom advocated by Rawls is an equal freedom.
This article is divided into three parts to discuss the priority of justification and good. First, the premise or theoretical basis of the formation of Rawls's justice theory is expounded. The theory of justice is formed on the basis of criticizing and negating the long dominated utilitarianism, and the main purpose is to expand directly to the society through the principle of individual to the society. The principle, the disregard of the issue of distribution and its criticism of the three aspects of the theory of teleology. Kant's moral philosophy is first in the category of the theory of obligation, which is embodied in his "absolute order", and the construction of his theory of obligation and some specific moral concepts affect Rawls's justice to a great extent. The second part mainly discusses the concept of "justification" and "good" in Rawls's justice theory, the content and the relationship between them. The main object of the proper principle is the individual, the basic structure of the society and the international, we mainly study the legitimate principles of the basic structure of society, that is, the two principles of justice. In the grasp of ideas, Rawls is mainly expounded through two kinds of good theories. The first is to explain the meaning of social basic goodness by the good of the weak theory, and then the special goodness which is applied to the personal life plan, that is, the strong theory of good. Then, it is the relationship between the right and the good. The third part is the most important part of the article. The third part is mainly the demonstration of "justifiable priority to good" from three aspects, and a reasonable theory of justice must be proved. The first is to demonstrate the principle of justice to the good idea. The proposition of the principle of justice is not guided by any good idea. It is the lexicographic order within the principle of justice, the priority of freedom and the priority of the principle of fair opportunity for the principle of difference. The priority of freedom guarantees that people enjoy the basic equal rights of equality and freedom, and the principle of opportunity and fairness ensures that people enjoy a fair and open land. The principle of difference is a special concern for the interests of the least beneficiaries. The last part is the conclusion.
The relationship between justice and good is of great significance to Rawls's theory. Through the grasp of the relationship between the two, his theory of justice is formed. The principle of justice is constructed with the highest standard to standardize people's behavior and thought, fair idea, equal freedom idea and attention to the interests of the weak. A well ordered and just society provides a great guidance.
【學(xué)位授予單位】：西南大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2014
【分類號】：D091
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