罗尔斯理论的悖论与正义的实践生成

Paradoxes in Rawls' Theory and Justice Generated in Practice

罗尔斯将超功利的"纯粹正义"确定为至高无上的普世价值,然而这种正义仍然建立在"功利的平衡"的基础上;将处于现实社会关系下的人拉回到处于"无知之幕"的初始状态以得到评判"公正"的标准,然而人们一旦离开其所处社会关系下的实践就会失去其评判能力。罗尔斯认为人们在"无知之幕"下为了自我保护必然选择"最差社会地位下的最好状况"的制度设计,以达到对弱势者利益的关照而实现"平等",而实际上这不仅以承认不平等制度的合法性为前提,并且是违背现实的空想。实际上,正义观念在人类实践中生成,正义的制度在人们通过内在联系而形成整体"社会人"的过程中逐步建立,其目标是为了实现最根本的功利——人的生存与发展。

Rawls set the ＂pure justice＂ as the supreme universal value and took it as an ultra-utilitarian i-dea; however, this kind of justice is still built on the basis of ＂utilitarian balance＂. He wanted to pull peo-ple out of their social 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 social relationship of practice, they will lose their ability to make judgments about justice. In addition, he believed that people behind ＂veil of igno-rance＂ would choose institutional designs which would make the persons in worst social 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 social system is established in the process of the formation of ＂social man as a whole＂ through the inner link among people, and the goal of the justice is to achieve fundamental human purposes, i.e. survival and development.