巴利的公道正义观研究

发布时间：2018-11-18 12:15

【摘要】：英国政治哲学家布莱恩·巴利以“公道”论正义问题,因而形成了公道正义观。他所说的“公道”是一种基于正义原则的公道性并通过社会制度的公道性体现出来的公正性。他把公道区分为形式公道和实质公道,认为公道正义原则不可避免地具有形式性,但它们的确立有助于形式公道的现实化,即有助于形式公道转化为实质公道。他还指出,实质公道的实现就是社会正义的实现,程序正义是实现实质公道的有效方式。巴利所说的公道是普遍有效的正义原则内含的一种伦理精神,是引导社会制度达到合理设计和安排的原则依据和伦理基础,也是引导一个社会追求分配正义的价值目标。巴利的公道正义观顺应了当代西方政治哲学家注重张扬社会制度维护分配正义的功能及其以普遍有效的正义原则确立社会制度的合理性基础的思想主流,在当今西方产生了广泛影响。它对当代人类的现实启示主要在于：人类社会必须借助于社会制度的合理设计和安排来维护分配正义,但社会制度维护分配正义的前提条件是它本身必须具有内在公正性——这种内在公正性只能依靠公道的正义原则来确立,因此,人类社会的进步与和谐稳定借助于社会制度维护分配正义的关键是必须设计和安排公正或公道的社会制度。
[Abstract]:British political philosopher Brian Barley discussed the problem of justice by "justice", thus forming the view of justice. Justice is a kind of justice based on the principle of justice and reflected by the fairness of social system. He divided justice into formal justice and substantive justice, and believed that the principle of justice was inevitably formalistic, but their establishment was helpful to the realization of formal justice, that is to say, it was helpful to transform form justice into substantive justice. He also pointed out that the realization of substantive justice is the realization of social justice, and procedural justice is an effective way to realize substantive justice. The justice said by Barry is an ethical spirit contained in the principle of universal and effective justice. It is the principle basis and ethical basis for guiding the social system to achieve reasonable design and arrangement, as well as the value goal of guiding a society to pursue distributive justice. Baley's view of justice conforms to the mainstream of contemporary western political philosophers who pay attention to publicizing the function of social system and maintaining distributive justice and establishing the rational foundation of social system with universal and effective principle of justice. It has had a wide influence in the West today. Its realistic enlightenment to contemporary human beings mainly lies in: human society must resort to the rational design and arrangement of social system to maintain distributive justice. But the prerequisite for the social system to maintain distributive justice is that it must have its own inherent impartiality, which can only be established by the principle of justice. The key to the progress and harmony and stability of human society with the help of social system is to design and arrange a just or fair social system.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D089;B82-051

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