正当与善——桑德尔对罗尔斯“正当优先于善”的批判

Justification and kindness——Sandell's criticism to “justification has priority over kindness” of Rolles

罗尔斯在他的公平正义理论体系中,极力强调正义的首要性与优先性,认为正当、权利优先于善。在道德意义上,正当优先于善,个人权利胜过或压倒共同善的考量,每个人都拥有一种基于正义的不可侵犯性,即使以社会整体利益、普遍福利之名也不能逾越之。在独立获得的意义上,正当不依赖于任何特殊的善的观念而获得证明。桑德尔驳斥了罗尔斯的正当对善的优先性观念,认为罗尔斯的自我优先性的个人观念不能论证和支持其正义理论。对正当、权利的考量离不开善观念。

Rolles emphasizes vigorously the importance and priorities of the justice in his justice theory system, and he thinks justification and right have priority over kindness. In moral sigoifieanee, the justification has priority over kindness; the individual rights exceed or crush common kindness, every one has certain inviolability based on justice, even the soeisl overall benefit and universal welfare cannot overstep it. In the significance to obtain independonfly, justification does not rely on any special kindness idea to have the proof. Sandell had refuted the idea ＂justifieation has priority over kindness＂ by Rolles, and he thought Rolles＇ self- priority individual idea could not prove and support his justice theory system. He believed that it is necessary to have kindness idea when to speak to justification and right, Pluralistie ration remains unsettled when it speaks to justification being not rational.