罗尔斯的“少数人原则”研究
发布时间:2018-12-11 10:21
【摘要】:罗尔斯著名的“少数人原则”,不仅仅是他的《正义论》和《作为公平的正义——正义新论》内核思想的经典原则,而且引起了当今中外学者的广泛关注和不同理解,真可谓是仁者见仁,智者见智。紧密联系当前国内外实际,运用马克思主义政治观原理来评述罗尔斯的“少数人原则”,着重深刻理解罗尔斯“少数人原则”的基本内涵和主要特征,同时对罗尔斯“少数人原则”的历史局限和有益启示作了初步探讨。 罗尔斯的“两条正义原则”是他著名的“少数人原则”的理论逻辑前提。因此,本文在对其“少数人原则”分析的过程中,始终围绕着“两条正义原则”展开论述。 本文共分五个部分,引言简要介绍了罗尔斯的生平及主要著述,详细叙述了论文的选题意义及国内外研究述评。作为一个精湛的理论基石,“少数人原则”不仅为我国弱势群体的合法权益保护提供了有益的理论支撑和积极的借鉴启示,更成为激发思想交锋和新观念产生的主要资源。 第一章对“少数人原则”呈现出的三个具体原则内涵,即平等的自由原则、公平的机会平等原则及差别原则进行了详细的论述。一个公平正义社会的建立,不仅需要正义制度的保障,还需要宽容的公民社会的支持,通过程序正义、补偿机制等具体措施对少数人权利进行保护。 第二章是对罗尔斯“少数人原则”具体特征的总结概括。该理论之所以影响如此广泛,主要是由于罗尔斯能够打破传统思维,以对在西方社会占有重要地位的功利主义哲学的批判为起点,继而对古老的至善原则、备受推崇的自由理论进行了否定和创新,从而彰显了逆向思维的创造性、弱势群体的人本性、自由平等的正义性,成为哲学、伦理学潮流的一个重要转折。 第三章是对“少数人原则”中所体现出来的并一直备受指责与诟病的典型问题进行论述,指出其因原初状态的假设及无知之幕的设置所造成的无法克服的抽象人性论及晦涩思辨性。“少数人原则”理论本身所引起的关注导致众多学者撰文对某些具体问题展开批判,而罗尔斯为自圆其说,在对批判者回应时,难免出现自我矛盾和自我辩护的尴尬局面,这也是其局限性的一个体现。 第四章立足我国现实国情,将罗尔斯“少数人原则”与我国实际相结合,确立人们在社会中利益和负担分配的基本制度,保障最弱者的基本权利和利益。为构筑一套新的有关社会基本制度完善的基本思路,特别是协调利益关系,化解社会矛盾、构建和谐社会等方面,无疑具有积极的有益启示。
[Abstract]:Rawls' famous "Minority principle" is not only the classical principle of his "Justice Theory" and "the New Theory of Justice as Fairness", but also has aroused the widespread concern and different understanding of scholars both at home and abroad. The truth can be said to be benevolent, wise and wise. In close connection with the current domestic and foreign reality, this paper makes a comment on Rawls's "minority principle" by using the Marxist political view principle, and emphatically understands the basic connotation and main characteristics of Rawls's "minority principle". At the same time, the historical limitation and beneficial enlightenment of Rawls'"Minority principle" are discussed. Rawls'"two principles of Justice" is the theoretical logical premise of his famous "principle of minorities". Therefore, in the process of analyzing the "minority principle", this paper always focuses on the "two principles of justice". This paper is divided into five parts. The introduction briefly introduces Rawls' life and main works, and describes in detail the significance of the selected topic of the thesis and the review of domestic and foreign studies. As a consummate theoretical cornerstone, the "minority principle" not only provides beneficial theoretical support and positive inspiration for the protection of the legal rights and interests of the vulnerable groups in our country, but also becomes the main resource to stimulate the ideological confrontation and the emergence of new ideas. The first chapter discusses in detail the three specific principles of the principle of minority, namely, the principle of equality of liberty, the principle of equal opportunity and the principle of difference. The establishment of a fair and just society needs not only the guarantee of the justice system, but also the support of the tolerant civil society. The minority rights should be protected through the concrete measures such as procedural justice, compensation mechanism and so on. The second chapter summarizes the specific characteristics of Rawls' Minority principle. The reason why the theory is so widely influenced is that Rawls was able to break the traditional thinking, start with the criticism of utilitarian philosophy, which plays an important role in western society, and then on the ancient principle of the greatest good. The highly respected theory of freedom has been negated and innovated, thus showing the creativity of reverse thinking, the human nature of the vulnerable groups and the justice of freedom and equality, which has become an important turning point in the trend of philosophy and ethics. The third chapter is the "minority principles" embodied in the typical issues that have been criticized and criticized. It is pointed out that its insuperable abstract human nature caused by the assumption of the original state and the setting of the curtain of ignorance and obscurity. The concern caused by the "minority principle" theory itself has led many scholars to write articles criticizing certain specific problems, while Rawls justifies the fact that, in response to the critics, there will inevitably be an awkward situation of self-contradiction and self-defense. This is also a reflection of its limitations. The fourth chapter is based on the reality of our country, combines Rawls'"minority principle" with the reality of our country, establishes the basic system of people's interests and burden distribution in society, and guarantees the basic rights and interests of the weakest. In order to construct a new set of basic ideas about the perfection of the basic social system, especially the coordination of interest relations, the resolution of social contradictions, and the construction of a harmonious society, there is no doubt positive and beneficial enlightenment.
【学位授予单位】:东北财经大学
【学位级别】:硕士
【学位授予年份】:2012
【分类号】:D091
本文编号:2372371
[Abstract]:Rawls' famous "Minority principle" is not only the classical principle of his "Justice Theory" and "the New Theory of Justice as Fairness", but also has aroused the widespread concern and different understanding of scholars both at home and abroad. The truth can be said to be benevolent, wise and wise. In close connection with the current domestic and foreign reality, this paper makes a comment on Rawls's "minority principle" by using the Marxist political view principle, and emphatically understands the basic connotation and main characteristics of Rawls's "minority principle". At the same time, the historical limitation and beneficial enlightenment of Rawls'"Minority principle" are discussed. Rawls'"two principles of Justice" is the theoretical logical premise of his famous "principle of minorities". Therefore, in the process of analyzing the "minority principle", this paper always focuses on the "two principles of justice". This paper is divided into five parts. The introduction briefly introduces Rawls' life and main works, and describes in detail the significance of the selected topic of the thesis and the review of domestic and foreign studies. As a consummate theoretical cornerstone, the "minority principle" not only provides beneficial theoretical support and positive inspiration for the protection of the legal rights and interests of the vulnerable groups in our country, but also becomes the main resource to stimulate the ideological confrontation and the emergence of new ideas. The first chapter discusses in detail the three specific principles of the principle of minority, namely, the principle of equality of liberty, the principle of equal opportunity and the principle of difference. The establishment of a fair and just society needs not only the guarantee of the justice system, but also the support of the tolerant civil society. The minority rights should be protected through the concrete measures such as procedural justice, compensation mechanism and so on. The second chapter summarizes the specific characteristics of Rawls' Minority principle. The reason why the theory is so widely influenced is that Rawls was able to break the traditional thinking, start with the criticism of utilitarian philosophy, which plays an important role in western society, and then on the ancient principle of the greatest good. The highly respected theory of freedom has been negated and innovated, thus showing the creativity of reverse thinking, the human nature of the vulnerable groups and the justice of freedom and equality, which has become an important turning point in the trend of philosophy and ethics. The third chapter is the "minority principles" embodied in the typical issues that have been criticized and criticized. It is pointed out that its insuperable abstract human nature caused by the assumption of the original state and the setting of the curtain of ignorance and obscurity. The concern caused by the "minority principle" theory itself has led many scholars to write articles criticizing certain specific problems, while Rawls justifies the fact that, in response to the critics, there will inevitably be an awkward situation of self-contradiction and self-defense. This is also a reflection of its limitations. The fourth chapter is based on the reality of our country, combines Rawls'"minority principle" with the reality of our country, establishes the basic system of people's interests and burden distribution in society, and guarantees the basic rights and interests of the weakest. In order to construct a new set of basic ideas about the perfection of the basic social system, especially the coordination of interest relations, the resolution of social contradictions, and the construction of a harmonious society, there is no doubt positive and beneficial enlightenment.
【学位授予单位】:东北财经大学
【学位级别】:硕士
【学位授予年份】:2012
【分类号】:D091
【参考文献】
相关期刊论文 前6条
1 姚大志;;一种程序正义?——罗尔斯正义原则献疑[J];江海学刊;2010年03期
2 邓晓芒;西方伦理中的善[J];社会科学战线;2001年05期
3 邹海贵;曾长秋;;罗尔斯差别原则对弱势群体利益的关注——基于社会救助(保障)制度之道德正当性与政治合法性思考[J];天津大学学报(社会科学版);2010年05期
4 李常青,冯小琴;少数人权利及其保护的平等性[J];现代法学;2001年05期
5 万斌;刘彦朝;;政治宽容渊源的哲学审视[J];浙江学刊;2011年04期
6 姚大志;;当代功利主义哲学[J];世界哲学;2012年02期
相关重要报纸文章 前1条
1 江西省吉安市中级人民法院 吴钢邋伍春辉;[N];人民法院报;2008年
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