谈罗尔斯的正义理论及其借鉴意义

Rolles's justice theory and its reference significance

通过对罗尔斯的正义论与传统契约论的对比,指出罗尔斯的正义论实质上是道德契约论,道德是罗尔斯正义论的基础;罗尔斯提出的正义观是程序上的正义,即对合法性的探求,是对传统实体正义的突破。建设和谐社会应注重二者的互补性。这对中国建设市场经济中的道德失范、贫富分化的问题,以及加强社会主义法制建设具有借鉴的意义。

Through the contrast of Rolles＇s contract theory with traditional contract theory,this article points out that the Rolles＇ s contract theory is in essence the moral contract theory, and that its foundation is the morality. The view of justice presented by Rolles is the procedure justice; that is, the seeking for the legitimacy and the breakthrough to traditional justice. We should pay attention to the complementarity of two sides in the construction of the harmonious society. This is instructive for us to handle the problem of deviation from the normative moral and division between the rich and the poor in the construction of the market economy, and also to strengthen the socialist legal system construction.