“公平的正义”何以可能?——试析罗尔斯正义观的康德解释

Why "Justice as Fairness" is Possible?——Thinking on John Rawls’ justice idea from Kant’ philosophy

“公平的正义”,作为足以与传统功利主义相抗衡的另一正义理念,无论是其据以导出的逻辑起点“公平”,还是其所创设的经典概念“无知之幕”,都可以在康德哲学的视域内探寻出清晰的理路——正义是一个无法封闭于现象界的概念;而“无知之幕”,作为现象与本体之间永恒的幕布,也不完全止于方法论的意义。“公平的正义”作为一种程序性正义,在特定的层面上意味着正义的更高阶。

"justice as fairness", as another ideology of justice which can compete well with the traditional idea of utilitarianism justice, whether it is the logical starting point "fairness" derived from it or the classic concept "veil of ignorance" created by it, can find a clear way in the visual threshold of Kant’s philosophy-justice is a concept that cannot be closed in the phenomenal world. The "veil of ignorance", as an eternal curtain between phenomenon and noumenon, does not stop at the significance of methodology. As a procedural justice, "fair justice" means a higher order of justice at a specific level.