从利益到权利——以正义为中介与内核

From Interest to Right: Justice as the Linkage and Core

实现利益与解决利益冲突需要评价利益的正当性 ,只有获得正当性评价的利益才能上升为权利。平等、自由主体的共同参与是确立正义原则的前提 ,确立方式只能采用多数规则 (即民主方式 )。正当性评价的结果即正当利益 ,包括个人正当利益 (普遍的个人利益和“具体个人的善”)和社会公共利益。正当利益的制度化即权利。利益、正义与权利三者间的关系由此贯通。简单说 ,正义是评价利益正当性与否的程序 ,也是正当性评价的结果———正当利益 ;正义是权利的内核 ,亦是利益走向权利的桥梁。

To actualize interest and resolve conflicts of interest needs justification of interest. Only if that interest is justified by due process, may it become a legal right. The prerequisite of justice principle is that all individuals equally participate to justify interest by democratic means. The result of the agreement is that just interest comes into existence, and includes individual and social interests. Institutionalization of just interest is legal right. Hence, justice is a process through which an interest is socially justified or not, also is the result of the justification—just interest. Justice is the essential ingredient of right and the bridge between interest and right.