罗尔斯的程序正义思想

Procedural Justice Theory of Rawls

在程序正义的学术史上,罗尔斯是无法忽视的重要论者。其对程序正义作为独立范畴的提倡,对程序正义三种形态的分析,开一时学术风气之先。在后期的理论发展中,罗尔斯直面批评意见,对其理论作出修正和发展。其程序正义思想重视程序的独立性,构建通过程序的正当化,重新思考程序正义与实体正义的关系。

In the academic history of procedural justice, Rawls is an important commentator who is impossible to be ignored. He advocated procedural justice as an independent category, and analyzed three forms of procedural justice, on the academic atmosphere of the first moment. In the latter parts of the theory of development, Rawls faced criticism, amended and developed his theory. The ideas inspired for us by procedural justice theory of Rawls are that we should emphasize on the independence of the procedure, build through the process of legalization and rethink the relationship of procedural justice and substantive justice.