罗尔斯的“差别原则”及其中国意义
发布时间：2018-09-02 05:45
【摘要】：罗尔斯的《正义论》中,差别原则是极具特点的,并且是罗尔斯区别于其他当代政治自由主义学者的一个重要特征。本文通过对差别原则的解读,理解差别原则的基础和实质。差别原则作为罗尔斯正义两原则中的重要组成部分同其他原则一样是基于原初状态的选择。这一选择并不是孤立存在的,而是同其他原则共同构成正义原则的。所以如果单独谈论差别原则显然是不合理的,也就是说我们必须把差别原则放到正义原则的背景中去理解。差别原则必须是建立在一个秩序良好的社会合作体制当中的,这首先要求的就是对个人权利和自由的保护。差别原则所要追求的分配的差异性不可以侵犯个人的权利和自由。同时,机会的平等和开放也构成差别原则的重要前提。因为差别原则要求人们能够有基于秩序良好的社会合作体制的合法期望。如果没有机会平等和开放原则,那么这种期望将是无稽之谈。 细究差别原则的内容,我们可以发现它是建立在所谓合法期望的基础之上的。罗尔斯将最不利者定义为合法期望最小的人群,反之就是最有利者。而合法期望是产生于社会合作体制本身的,也就是说合法期望是基于无知之幕下所达成的契约而确定的资格所具有的权利和义务关系。这是罗尔斯的创见,合法期望不是一般的期望,不是基于人本身先天具有的权利,它不是一种道德上的应得,而是一种制度安排赋予个人的资格。合法期望的指标是基本善,包括基本的公民权利和自由、机会、权力、财富和收入、自尊。这些构成衡量合法期望的标准,事实上这些基本善也是社会合作体制建构的内容。而差别原则本质上就是基于一定的制度建构,其本身构成制度建构的一条原则。所以,差别原则不是因为同情或者应得的理由对不利者进行补偿,差别原则是一条构成社会合作关系的原则,是保证社会合作体制的稳定和正义的原则。所以它不是一条补偿原则,而是一条互惠原则。 通过对差别原则的分析去理解其所包含的罗尔斯的自由主义精神,由此在去理解中国当代社会的问题。当代中国存在贫富差距越来越大的情况,适当考虑罗尔斯的差别原则是十分有益的。按照罗尔斯的思路,我们首先应该做的事情是构建一个秩序良好的社会背景,满足差别原则的基本前提,那就是公民的自由权利和机会平等开放。其次,寻找在中国视域下的最不利者。中国的不利者不是通常所谓的弱势群体。在中国的最不利者体现在缺乏民主权利,得不到公民平等资格的群体上。他们没有机会得到良好的教育、没有合理的社会保障体制。基于此从中国实际出发提出相应的解决方案,本文认为推进落实中国公民的宪法权利,加强社会保障,推进免费教育、免费医疗是实现罗尔斯差别原则的基本途径。
[Abstract]:In Rawls' Theory of Justice, the principle of difference is characteristic, and it is an important characteristic that Rawls distinguishes himself from other contemporary scholars of political liberalism. In this paper, through the interpretation of the principle of difference, understand the basis and essence of the principle of difference. As an important part of Rawls' two principles of justice, the principle of difference is based on the original state as other principles. This choice does not exist in isolation, but, together with other principles, constitutes the principle of justice. So it is obviously unreasonable to talk about the principle of difference alone, that is to say, we must put the principle of difference in the context of the principle of justice. The principle of difference must be based on a well-ordered system of social cooperation, which requires the protection of individual rights and freedoms. The difference in distribution pursued by the principle of difference must not infringe upon the rights and freedoms of individuals. At the same time, equality of opportunity and openness also constitute the important premise of the principle of difference. Because the principle of difference requires that people have legitimate expectations based on a well-ordered social cooperation system. Without the principle of equality of opportunity and openness, such expectations would be nonsense. Looking closely at the content of the principle of difference, we can find that it is based on the so-called legitimate expectations. Rawls defines the most disadvantaged as the people with the least legitimate expectations, and vice versa. The legal expectation is derived from the social cooperation system itself, that is, the legal expectation is the right and obligation relationship of the qualification based on the contract reached under the curtain of ignorance. It is Rawls' idea that legal expectation is not an ordinary expectation, it is not based on the inherent rights of human beings, it is not a moral entitlement, but a kind of qualification given to individuals by institutional arrangements. Indicators of legitimate expectations are basic good, including basic civil rights and freedoms, opportunity, power, wealth and income, and self-esteem. These constitute the criterion of legitimate expectation, in fact, these basic good is also the content of social cooperation system construction. In essence, the principle of difference is based on a certain system construction, which itself constitutes a principle of system construction. Therefore, the principle of difference is not to compensate the unfavorable because of sympathy or due, but to make up the principle of social cooperation, and to guarantee the stability and justice of the social cooperation system. So it is not a principle of compensation, but a principle of reciprocity. Through the analysis of the principle of difference to understand the spirit of Rawls' liberalism, it is to understand the problems of contemporary Chinese society. There is a growing gap between rich and poor in contemporary China, and it is very useful to properly consider Rawls's principle of difference. According to Rawls' thinking, the first thing we should do is to build a well-ordered social background and meet the basic premise of the principle of difference, that is, citizens' free rights and equal opportunities. Second, looking for the most disadvantaged in the Chinese perspective. The disadvantaged in China are not what is often called a weak group. The most disadvantaged in China are those who lack democratic rights and equal citizenship. They do not have access to a good education and a reasonable social security system. Based on this, the author puts forward the corresponding solutions from China's reality. This paper holds that the basic way to realize Rawls difference principle is to carry out the constitutional rights of Chinese citizens, strengthen social security, promote free education and free medical treatment.
【学位授予单位】：浙江师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D091
本文编号：2218437
[Abstract]:In Rawls' Theory of Justice, the principle of difference is characteristic, and it is an important characteristic that Rawls distinguishes himself from other contemporary scholars of political liberalism. In this paper, through the interpretation of the principle of difference, understand the basis and essence of the principle of difference. As an important part of Rawls' two principles of justice, the principle of difference is based on the original state as other principles. This choice does not exist in isolation, but, together with other principles, constitutes the principle of justice. So it is obviously unreasonable to talk about the principle of difference alone, that is to say, we must put the principle of difference in the context of the principle of justice. The principle of difference must be based on a well-ordered system of social cooperation, which requires the protection of individual rights and freedoms. The difference in distribution pursued by the principle of difference must not infringe upon the rights and freedoms of individuals. At the same time, equality of opportunity and openness also constitute the important premise of the principle of difference. Because the principle of difference requires that people have legitimate expectations based on a well-ordered social cooperation system. Without the principle of equality of opportunity and openness, such expectations would be nonsense. Looking closely at the content of the principle of difference, we can find that it is based on the so-called legitimate expectations. Rawls defines the most disadvantaged as the people with the least legitimate expectations, and vice versa. The legal expectation is derived from the social cooperation system itself, that is, the legal expectation is the right and obligation relationship of the qualification based on the contract reached under the curtain of ignorance. It is Rawls' idea that legal expectation is not an ordinary expectation, it is not based on the inherent rights of human beings, it is not a moral entitlement, but a kind of qualification given to individuals by institutional arrangements. Indicators of legitimate expectations are basic good, including basic civil rights and freedoms, opportunity, power, wealth and income, and self-esteem. These constitute the criterion of legitimate expectation, in fact, these basic good is also the content of social cooperation system construction. In essence, the principle of difference is based on a certain system construction, which itself constitutes a principle of system construction. Therefore, the principle of difference is not to compensate the unfavorable because of sympathy or due, but to make up the principle of social cooperation, and to guarantee the stability and justice of the social cooperation system. So it is not a principle of compensation, but a principle of reciprocity. Through the analysis of the principle of difference to understand the spirit of Rawls' liberalism, it is to understand the problems of contemporary Chinese society. There is a growing gap between rich and poor in contemporary China, and it is very useful to properly consider Rawls's principle of difference. According to Rawls' thinking, the first thing we should do is to build a well-ordered social background and meet the basic premise of the principle of difference, that is, citizens' free rights and equal opportunities. Second, looking for the most disadvantaged in the Chinese perspective. The disadvantaged in China are not what is often called a weak group. The most disadvantaged in China are those who lack democratic rights and equal citizenship. They do not have access to a good education and a reasonable social security system. Based on this, the author puts forward the corresponding solutions from China's reality. This paper holds that the basic way to realize Rawls difference principle is to carry out the constitutional rights of Chinese citizens, strengthen social security, promote free education and free medical treatment.
【学位授予单位】：浙江师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D091
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相关期刊论文 前1条
1 吴思民;和谐社会的三个标志[J];先锋队;2004年24期
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