差别原则与自我所有权

Contradictions between the Difference Principle and Self-ownership

如何理解差别原则与自我所有权的关系,是理解当代政治哲学分野的根本问题。诺奇克认为,使“帮助”成为必然的差别原则必将严重地侵犯个人的自我所有权。产生分歧的原因表面上看,是诺奇克错误地将差别原则置于一种互利理论的讨论框架中,忽视了它产生的“契约环境”及其背后的道德人和公平的社会合作体系理念;实质上更深层的原因在于,罗尔斯与诺奇克对自我所有权特别是契约自由对保障个体自主性及其权重存在着根本分歧。在确保个人权利上,诺奇克大概不会反对罗尔斯为“自我所有权”所作的政治努力。

How to understand the relationship between the principle of difference and self-ownership is an important issue in Rawls’ Theory. Nozick argues that the redistribution led by the difference principle makes help inevitable, which will seriously violate the individual’s self-ownership. In this view, the difference principle is put into the framework of the theory of mutual benefit, the environment of contract and the ideal of social cooperation are ignored. The more important reason is that there are fundamental differences between Rawls and Nozick about self-ownership, especially the role and the proportion of freedom of contract in the protection of individual autonomy. In fact, we find that the difference principle not only does not violate self-ownership, but also defends selfownership through rethinking Rawls’ argument to deal with the problem.