现代与后现代间的正义——罗尔斯法哲学理论之进演

The Justice between Modern and Postmodern——the development of Rawls’s theories of philosophy of law

于功利主义主导法律和政治理论之际,罗尔斯的以社会契约为基础构建的正义理论使之发生了转变,在复兴了社会契约理论的同时亦光大了道德哲学。然而,随着后现代哲学反基础主义影响的日益扩大,建立在理性基础上的正义理论处于风雨飘摇之中,在此种情况下,罗尔斯在后期的著作中对其进行了修正,完成了从普适正义到“重叠共识”的重大转变。

When the utilitarian theory dominated throughout the legal and political theory, Rawls’ theory of justice that based on social compact theory changed it and promoted the effect of moral philosophy. However, the postmodern theory which characteristic is anti-basis doctrine also increasingly advanced its effect at the same time, and made the rational theory of justice like a candle going through in the wind and rain. Under this condition, Rawls corrected his theory in his late writing and realizing the import...