2013Journal of Nanjing Normal UniversityRequires access

Paradoxes in Rawls' Theory and Justice Generated in Practice

LU Pin-yu

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Abstract

Rawls set thepure justiceas the supreme universal value and took it as an ultra-utilitarian idea; however,this kind of justice is still built on the basis ofutilitarian balance. He wanted to pull people out of their relationship and put them into an initial state ( i. e. behind veil of ignorance) to obtain the value criterion of justice. But once people leave the relationship of practice,they will lose their ability to make judgments about justice. In addition,he believed that people behind veil of ignorancewould choose institutional designs which would make the persons in worst status have the best conditions in order to protect themselves from the worst situations. However,such a theory does not only recognize the legitimacy of inequality as its prerequisite,but it is inconsistent with the reality as well. In fact,the concept of justice is generated in human practice. A just system is established in the process of the formation of social man as a wholethrough the inner link among people,and the goal of the justice is to achieve fundamental human purposes,i. e. survival and development.

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Rawls set thepure justiceas the supreme universal value and took it as an ultra-utilitarian idea; however,this kind of justice is still built on the basis ofutilitarian balance. He wanted to pull people out of their relationship and put them into an initial state ( i. e. behind veil of ignorance) to obtain the value criterion of justice. But once people leave the relationship of practice,they will lose their ability to make judgments about justice. In addition,he believed that people behind veil of ignorancewould choose institutional designs which would make the persons in worst status have the best conditions in order to protect themselves from the worst situations. However,such a theory does not only recognize the legitimacy of inequality as its prerequisite,but it is inconsistent with the reality as well. In fact,the concept of justice is generated in human practice. A just system is established in the process of the formation of social man as a wholethrough the inner link among people,and the goal of the justice is to achieve fundamental human purposes,i. e. survival and development.

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Available abstract

Rawls set thepure justiceas the supreme universal value and took it as an ultra-utilitarian idea; however,this kind of justice is still built on the basis ofutilitarian balance. He wanted to pull people out of their relationship and put them into an initial state ( i. e. behind veil of ignorance) to obtain the value criterion of justice. But once people leave the relationship of practice,they will lose their ability to make judgments about justice. In addition,he believed that people behind veil of ignorancewould choose institutional designs which would make the persons in worst status have the best conditions in order to protect themselves from the worst situations. However,such a theory does not only recognize the legitimacy of inequality as its prerequisite,but it is inconsistent with the reality as well. In fact,the concept of justice is generated in human practice. A just system is established in the process of the formation of social man as a wholethrough the inner link among people,and the goal of the justice is to achieve fundamental human purposes,i. e. survival and development.

Key concepts: Economic Justice, Legitimacy, Veil of ignorance, Sociology, Law and economics, Value (mathematics), Original position, Balance (ability)

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