罗尔斯的良序社会理论及其批判

John Rawls' Well-Ordered Society and Its Criticism

良序社会理论是罗尔斯正义理论的重要组成部分。罗尔斯假定,在原初状态下,站在无知之幕的背后,绝大多数人都愿意订立荒漠契约,确立正义原则。他还假定,作为正义原则的适用对象,良序社会有五个要件组成,依次是:1.在基本的政治、社会和经济制度层面,确立公平正义为其首要美德;2.人民对基本制度具有普遍信任或正义感;3.它是稳定而体面的;4.它在公共政策层面建立了向社会底层倾斜的公共利益调节机制,那个机制将切实地使社会中的最低阶层受益;5.它在哲学、宗教和道德观念领域建立了友善、宽容而仁慈的价值冲突和解机制,从而描绘了一幅对等、自愿和合作的社会图景。其理论对我们创新社会治理方式、建设社会主义国家治理体系有重要的理论参考价值。

On the original position and behind the veil of ignorance, most people will choose an acceptable social contract in a desert, which contains two principles of justice. With those principles, John Rawls introduces his theory of justice as a whole. And in the light of the concept ＂well ordered society,＂ he suggests such a just, reasonable and good society that it will have five essentials： it takes fairness as justice as the primary virtue of the basic political, social and economic institutions ; it has peoples, who have justice senses and universal trusts in those institutions ; it is a stable and decent society; it has public policies to regulate the public interests that will actually assists the least advantaged members of society; under the guidance of kindness, tolerance and charity, it has a disputesdissolving dynamic to deal with the conflicts of comprehensive doctrines of religion, philosophy and morality. Such a comprehensive social theory has been criticized by Zhao Dingyan and Allan Bloom as ＂a distortion of people and their real lives＂ and ＂an artificial happiness of an artificial man. ＂ Even though Rawls indeed has no special contribution to the issues as productive relations, class differences, institution limits, practice performances, and region differences or local differences in national cultures and traditions, his theory of wellordered society still has its advantage for Chinese people to realize their socialistic harmonious society. And Rawls＇ theory of wellordered society has some central position in contemporary political sociology that worths us taking it seriously.