功利的正义与公平的正义比论

On the Comparison between Utilitarian Justice and Fair Justice

罗尔斯的正义观在当今依然是政治哲学中的一个热点。与之相比功利的正义近年来一直受到冷遇。二者截然相反的处境是由它们的理论自身所造成的。功利主义的正义观以功利原理为基础,功利为正义之实,正义为功利之名,这一点在边沁和穆勒那里有充分的表现。罗尔斯的正义观是公平的正义,它的原初契约——正义两原则,确保了公民的自由、平等,照顾到弱小的利益,充分尊重人性,把人作为目的而不是手段,所以具有优先性。

Rawls＇s view of justice is still one of the hot topics in political philosophy at present. In contrast,the utilitarian justice has always been neglected in resent years. Their diametrically op- posite positions are determined by their own theories. The view of utilitarian justice is based on the utilitarian principles. As is shown in Bentham＇s and Muller＇s theories,being utilitarian is the essence of justice whereas justice is the name of being utilitarian. However, Rawls＇s view of justice is the fair one, whose two principles-from original position to contractual idea, ensure citizens＇ freedom and equality, look after the interests of the disadvantaged, give full respect for human be- ings＇ nature,and regard people as targets rather than means. So it has the priority.