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罗尔斯万民法中的公民伦理思想

作者: xw 来源: 未知 时间: 2017-05-29 阅读: 在线投稿

Abstract: with Rawls principles of justice feasible in "the law of peoples", the public reason in public law of peoples rational state is the people's social public reason, it consists of a series of justice the principle of freedom of the constitutional democratic system are given, and formed by the citizens deliberating, free social good ideas the general public interest, the basic idea of a series of. The basic dimensions of safeguarding of human rights, as the basic structure of the world society of peoples, the connotation is: freedom and equality of civil law of the basic conception of political justice, the law of peoples social contract:, the law of peoples ideas, the law of peoples public good ideas, the law of peoples tolerance. The citizen ethics thought of Rawls, as a free and democratic society of citizens to accept the justice system's basic principle, it tends to be in the people's democratic society under the guidance of the principle according to the ability and good sense of Justice: the ability of action.

Keywords civil law; public reason; human rights; public good; citizen ethics.

The civil law is Rawls's reflection on how universal justice can be realized in an age of globalization. It seeks to expand the concept of the civil law and formulate guidelines for the foreign policy of a rational and fair people's society.

And it actually contains norms based on the social community that extends from the individual lives of citizens. It is an important basic question how a community can relate to other societies and how to present itself to other societies. Because of the different community based on the principle of coexistence in the same world, except for some isolated and social situation (formerly so long), it must explain communicative ideals and principles to guide its foreign policy.

Rawls's "civil law" refers to a political concept of right and justice that applies to the principles and norms of international law and practice that are communicated with the people and groups. The civil law was developed from the concept of freedom and justice. In the context of Rawls's law of civil law, the community pattern of cosmopolitanism is manifested. Rawls is from a well ordered social justice problem argumentation to the development of the universal constitutional argument.

In the civil law, the use of the people basically replaced the use of citizens and became a common concept. The people are a whole concept, a generalization in the plural sense. Rawls said: "the people of freedom has three basic characteristics: to serve the fundamental interests of the reasonable justice of constitutional democracy by the government; Muller called" the common feelings "combination of citizens; finally is the nature of morality. The first is the system, the second is culture, and the third is the need to firmly link with the political (moral) narrative of rights and justice." From the situation of the people in the liberal and suitable democratic constitutional society, it is related to the concept of citizenship on the level of public political life. Rawls's concept of people means to emphasize the unique characteristics of the people, different from the characteristics of the traditional countries, but also means to highlight their moral characteristics and their system, reasonable, just or proper nature. The people of the University since the civil law of the so-called sovereign rights and obligations, as long as the environment fit, they will abide by the common with other people, this point is important." Understanding Rawls's law of the people is not only important for understanding the ideological development of his political liberalism, but also for thinking about the civic ethics of transcending different systems, cultures, languages and religions.

Therefore, in the civil law, we discuss the civic ethics of Rawls's public reason, based on the characteristics of the concept of the people and their corresponding institutional forms. Therefore, in the society where the people are aggregated, citizens can fulfill their civic duties as long as they can restrain the government officials from doing proper deeds. It is a manifestation of the inherent moral obligation of citizens in the context of public rationality. The free people have their own fundamental interests which are always read and approved by their rights and justice. They seek to protect their territory, ensure their citizens' safety, maintain their free political system and their civil society's right to freedom and free culture." The people who uphold the concept of freedom and justice are limiting the basic interests within the scope of social life.
I. the public rational condition of the civil law.

From the point of view of the free people society, we must understand the law of the people: "the law of the people is the justice and freedom of the domestic system, and it extends to the people's society.". Within the framework of free justice, we must formulate the principles and ideals of rational, just and free people's foreign policy." Second, the important premise of the civil law is that the public rational idea is not only recognized, but also effectively complied with and implemented. First of all, Rawls's public reason is different from Kant's practical reason. It begins with a complete constitutional citizenship in a well ordered constitutional democratic society. Public reason including five aspects: (1) the fundamental political problems of their application; (2) the application of the people (government officials and candidates for public office); (3) which is composed of a series of rational political justice conception given content; (4) the total read in to discuss the legitimacy of the law law for the application of the mandatory standards formulated by the people's democracy; and (5) citizens (public examination), the control principle of abstract since they meet the norms of reciprocity justice ideas." It is the relationship between citizens and their government and constitutional democracy interaction as the base, according to the political legitimacy of the relationship model to understand the basic moral and political values of the deepest implication, reflects the political values of citizens to a reasonable interpretation of the. According to Rawls's understanding, "the concept of public reason belongs to one of the main ideas of organizing a good constitutional democratic society.".

The form and content of this reason - the way citizens understand them and how they interpret political relations among citizens - are part of the idea of democracy itself." Secondly, Rawls distinguishes the public rationality of the free people and the public reason of the people's society. "The former is equal citizens of domestic social discussion of public reason constitution and relationship to the government's basic justice affairs; the latter is the freedom of the people of freedom and equality to discuss the public reason is people's relationship. The civil law, which has political ideas, principles, ideals and norms, is the latter kind of public reason." The public rationality of the people's society, in the framework of rational pluralism, in a relationship between you and me, which is exercised by all members of the people's society. The criterion is held separately at two levels, embodied in the concept of a cluster as the plural of the people, and also in an individual concept as the singular of the citizen.

Furthermore, the rational connotation of public reason, according to Rawls's analysis: "this is the rational performance in three ways for the public: as the reason of free and equal citizens, it is public reason; the theme is related to the fundamental political justice of the public good, and these problems have two categories, namely the Constitution and the basic justice affairs; its essence and content is public, this performance to meet the norms of reciprocity in a series of political justice reasonable thought reasonable ideas reach public reasoning." The public rational condition includes the rational form of public political deliberation, it is reasonable in the constitutional arrangements, the protection of basic civil liberties.

Rawls with the principle of justice and feasible public reason in public law of peoples rational state is the people's social public reason, it consists of a series of justice the principle of freedom of the constitutional democratic system are given, and is composed of a series of basic concepts.

1., civic deliberation. Citizen deliberation is indispensable, citizen's equal participation in political thinking is indispensable; it is the original state of the parties in a reasonable relationship set, each person as an independent political unit in the community of social life is indispensable. "There, we see citizens as free and equal, because they see themselves as citizens of a democratic society. Therefore, they believe that they have the moral ability to have good thoughts, and if they do, they will prove and correct that one. They see themselves as the source of self proof, but also on the purpose of the responsible." The citizens according to their moral ability and self setting the basic thinking, the deliberation is relevant to the interests of the whole society and arrangement. Because in the original state of citizens, in the overall principle of the association community to consider before, there will always be a cautious mind. This kind of deliberation is the premise of a well organized society whose citizens have a sense of justice, not an expedient measure. The citizen's deliberation reflects the rationality of the citizen and a rational calculation principle for the deliberation of the life plan. The principle of calculation is the simplest and the most basic of principles. The principle states that the choice of the most effective means is rational when other matters are equal.

Or expressed as: other matters of equality, choose the most inclusive way is rational -- this approach enables us to achieve all goals with other means, can also achieve other goals." A citizen's deliberation is his own deliberation. When citizens think carefully, they exchange views and debate on grounds of support for public politics. They assume that their political views will be modified by discussions with other citizens, so that these ideas are not only a fixed outcome of their own selfish interests or non political interests. It is here that public reason is crucial, because it provides for citizens' reasoning about the fundamental and basic justice of the constitution." II. The good thought of the 2. free society. It condenses among the citizens and communities of civil society. It is not only a manifestation of the integrity and integrity of the citizens of freedom and equality under the constitutional democratic system, but also a collection of good governance community and good society. It is a kind of propriety, "justice is the public good ideas on human rights allocated to all its members; its basic structure includes a system level negotiation right, the protection of human rights and other rights, to ensure that in the consultation system below, all of the group in the society can get elected groups appropriate the representative.

Finally, the judges and other officials who must genuinely and reasonably believe in the management of the legal system, in which the law is genuinely guided by the good public good." The good society of the free society maintains the democratic culture of civil liberties and equal rights, and forms the basic concept of citizen justice. Rawls takes man as a "free and equal rational being". The good book here is also given by a series of political justice. "These ideas has three main characteristics: first, some basic rights, freedom and opportunity (known as the list of those provisions such as constitutional system); second, the special priority of these rights and freedoms and opportunities, especially for the common good and good value requirements; and third, to ensure that all citizens have full universal means to effectively exercise its measure of freedom." The basic interests of the 3. public society. The basic interests of the public society are the fundamental interests of the people in the laws of the people. It embodies the rationality of a political liberalism system. "This benefit is the people's legitimate respect for the people and the common sense of culture in the exploration and achievement of the process of history. This benefit is entirely different from the selfish concerns about self and territorial security, and shows that the interests of the people are respected and recognized by other people." It is established because of the reasonable idea of social political justice. A constitutional democracy with reasonable and just rights is a sound consideration for the basic interests of the public society. "Therefore, reasonable citizens are established because they are willing to accept the fair terms of social cooperation among equal people, because they realize the burden of judgment.". Moreover, they are said to be the only valid doctrine of completeness." The basic interests of the public society are also embodied in the concept of citizenship as a free and equal person and a social concept as a system of long-term fair cooperation.

In a word, the public law principle of the civil law applies to its basic political and social system. In a systematic social basic structure, the political concept is complete. First, it includes the basic rules and regulations of rights, freedoms and opportunities; followed by a priority description of rights, freedoms and opportunities; moreover, it ensures that all citizens have universal means of exercising effective freedom. The moral value inherent in this completeness theory is consistent with the general idea of the system of fair cooperation. "Each read according to its search route, performance principle, standard and ideal value; thus, the establishment of the appropriate arrangements to get - otherwise, for all the relevant constitutional fundamental and basic justice Affairs (or almost all), these values to give a reasonable answer force." Therefore, the public reason the implication of public interest, is launched in the political justice ideas in. It is a public political culture in the constitutional democratic system.

Two, the civil law as the basic structure of the world society.

The civil law as the basic structure of society discusses the possibility and how to achieve universal justice on the basis of public reason.

The law of the people is intended to achieve universal justice. "In the case of the civil law, it is important to live on the basis of justice and stability in the free or appropriate society, and to live as a social member of the good people." The law of peoples is universally applied in justice and freedom of the world society, but when a society with all other attempts to establish equal social relations, the universality of the law in the scope of the law of peoples social freedom in its people.

In "the law of peoples", Rawls distinguishes the "free" (liberal) and "non free but appropriate" (decent) the difference between the two concepts, and to distinguish the effects of five kinds of different social free peoples and decent people, by country, society and a negative burden benevolent despotism society. These five societies are in fact only of three kinds, namely, a free society, a free and proper society, a bad society in order.

The former two types of society is a society of order, which is the general idea for the social contract "the state society", the ideal and principle of accept and follow the law of peoples in contact with each other, so it is reasonable and justice; and a kind of social refusing to pursue reasonable million civil law, so it is unjust. The goal of the civil law is to extend the concept of freedom of justice from home to the world community, so that all societies can establish different freedoms or proper systems. The long-term goal of the rational law of the people is the civil law that ultimately leads all members of society to respect human rights and makes them the basic structure of a well ordered civil society.

Human rights plays an important role in the rational law of nations, it is a kind of exclusion of other institutions forcibly interfere with people's life of universal rights, it is the domestic political and social institutions of the propriety of establishing a necessary standard. Rawls believes that "my so-called human rights" is an appropriate subset of the rights of citizens of liberal constitutional democracies or members of decent hierarchical societies." The realization of human rights is a necessary condition for the political institutions of society and the appropriateness of their legal order. "Human rights are the categories of rights that play a special role in the rational civil law: these rights define the justification of war and its conduct, and also determine the limits of autonomy within the system." Human rights are within the civil law, and its political (moral) influence extends to all societies, including the outside States, within its bounds.

The basic dimensions of safeguarding of human rights, as the basic structure of world society and the law of peoples, the connotation is:

10 thousand, the basic idea of political justice in civil law. The liberal political conception of justice is extended to the law of peoples, political liberalism and political purport of the justice of the basic ideas are approached, and voluntarily accept the given principles of justice publicly acknowledged the guidance in an overlapping consensus between the rational theory, has become a comprehensive theory guiding citizen behavior the. The recognition of the identity of the people is rational and conscious. They set themselves as free and equal people, and accept the fair terms of the people's cooperation established by the good society. The free society will respect its citizens' religious, philosophical and moral integrity theories, if the practices of these theories conform to the reasonable political sense of justice and its public reason. Similarly, we say that the basic system of non free societies should be established to meet the specific conditions of political rights and justice, and to guide their people to respect the principles of reasonable and just people's society. The basic idea of political justice is the moral basis of public life and the most profound basis for the political unity of the community. To be careful, not only is the law of nations reasonable in the sense of being put forward, but it should also be reasonable in the principle of acceptance.

The civil law is to satisfy all citizens of the world. It is embodied among citizens as citizens. The fundamental problems of the Constitution and the affairs of basic justice are to be solved by just public politics and public reason.

20 thousand, the social contract of civil law. The general idea of the social contract of the civil law is a kind of contract justice idea in the procedure of construction and demonstration, and it is a kind of extensive fair justice. The union of contracts is more common in the sense of human interaction. Its contractual nature reflects the basic principles that should be followed in dealing with the relationship between people in civil society and public life. In the premise of the balance of interests, equality, justice, abide by the agreement, in the preservation and he refused to act under consideration, the contract between the self and his manage benefits of combining the law of peoples, not only to enhance the social trust and social cooperation, and can effectively enhance the maintenance of social order.

As a "realistic Utopia concept, the law of peoples must have a similar process, it guides the free society and appropriate social people willing to accept the rule of law, the law of peoples justice embodied, and act according to this criterion." In the process of integrating the civil law with the social contract, not only extended the concept of freedom to the civil law, but also expanded the concept of social contract into the civil law.

30 thousand freedom and equality of the civil law. The freedom and equality of the civil law comes from the general view of our society, which is the result of the combination of liberalism and propriety. All men are born free and equal in personality, dignity and rights. This is not only the original state parties to the global community in symmetrical distribution status in the embodiment of the veil of ignorance, and establish the principle of human rights in the free world political conception, all members of the community are entitled to basic political rights and freedom of the principle of equality in opportunities. A free society works with all qualified people and helps them master the basic ability to achieve freedom and equality.

It can be regarded as a correct reflection on the concept of freedom of citizenship - full, reasonable, equal personal freedom, freedom of speech and conscience. Rawls believes that human rights can have two considerations, one is regarded as a reasonable conception of freedom and equality, "to ensure that the constitutional liberal democracy all free and equal citizens rights and freedom of the appropriate subset." The other kind of human rights considerations, is regarded as belonging to the combined form of society, it is part of the public good is always read the category.

40 thousand, the common virtue of civil law. The common good idea of the civil law is the lowest proper idea. The public good always protects the basic human rights and the good people they represent, and also maintains their safety and independence. It is the common aim or purpose of society as a whole process needs to achieve something to look at, to ensure people's right to life, liberty and property rights in the United Society, and the formation of people's mutual obligation and reciprocity in each other when needed. "Public good" is a good community of social life, and a kind of ethical values reflecting collective will. It is an ethical link between citizens' moral rights and citizens' moral obligations. Its essence can be interpreted as the recognition of citizens' public rights, and citizens' equal participation and co domination of the collective affairs of the social community. On the one hand, it can make the life of the citizen community show justice, and make every member of the community live harmoniously and develop together in a harmonious way. It is not merely an abstract moral principle and idea but also a moral practice conforming to public rights. In the practical moral practice, public good has two basic forms of practice: one is the public interest that can be materialized, and the other is the virutes of non materialization. The pursuit of the former will change community politics from "politics of rights" to "of public good" (Politics). The pursuit of the latter will make the moral construction model of the public society turn from "normative ethics" to "virtue ethics", and the internal interests will be more emphasized. The holistic outlook on life will replace the individualist outlook on life. Common good is closely linked with the concept of justice, and achieves political justice for citizens who have long been a free and qualified citizen. All members of the people's society adhere to the basic social norms for the good justice of human rights.

"As a member, people have rights and freedoms so that they can fulfil their obligations and responsibilities and participate in appropriate social cooperation systems."." 50 thousand. Tolerance of the civil law. This tolerance concept is applicable to a free society and non free society, "the so-called tolerance means not only restrain the exercise of political and economic sanctions, including military or diplomatic sanctions -- make a people change their mode of action. Tolerance also means recognizing that these non free society for equal participation in society of people qualified members, they have their rights and responsibilities, including public citizen obligations require them to provide the rational behavior for people's society for other people." An authoritarian system of government must not be regarded as a member of a good society. But this world is not a united, undifferentiated, free society. All forms of government are free, and they are a utopian dream for the civil law.

The liberal society should also respect other societies organized by the doctrine of completeness, as long as their political and social systems meet certain conditions, and thereby make the society follow a reasonable law of the people. Therefore, the reasonable limit of tolerance is that a good non free society (hierarchical society) and a well ordered free society have to accept the same civil law. The toleration of the right people by the civil law is based on its public sense of reason. "If people ask, from a moral perspective, free society is more decent and other appropriate social as well, because if all of society has become free, whether the world will be more beautiful, holds the freedom view of people may think that the answer is yes. But the answer in the examination to maintain people respect each other, each people to maintain self-esteem of extreme importance, but not to either reduced contempt for other people, or reduced to the pain and bitterness." 3

Three, civic ethics in line with the public life world.

Civic ethics, which is compatible with the public life world, is a standard of living in which a harmonious relationship between citizens can be constructed under the proper conditions of a suitable society. Rawls believes that the coordination with our social life lies in the interaction between members of the people's society and reasonable justice and constitutional democratic society. This closes four basic facts:

(a) rational Pluralism: a basic feature of liberal democracy is the fact that rational pluralism exists...... (b) the diversity of democratic unity truth: the fact that the performance in the constitutional democracy society, the unity of politics and society does not require its citizens united in a comprehensive doctrine (whether religious doctrine or non religious doctrine)....... (c) the public rational fact: the fact that, in pluralism of free democratic society, citizens admitted that they could not reach a consensus, even cannot understand each other, this is the completeness of their theory of incompatible reasons based on....... (d) freedom and Democracy: in fact is the fact that 5 has been discussed. In theory, it means that a good constitutional democratic society does not fight each other, but only for self-defense, or in the alliance to defend other free or appropriate people." The people's society, which is in harmony with the public life world, will be realized here. The law of the people's Republic of China will be regarded as the basic law governing the relations among the people. The civil law regulates the basic operation of the laws of the people and regulates the basic structure of the relations among the people. Rawls enumerated the eight principles of the civil law: "1. people are free and independent, and their freedom and independence are respected by other people.". 2., the people should abide by the treaty and the promise. 3., the people should be equal and as parties to their agreement. 4., the people should abide by the obligation of non-interference. 5. the people should have the right to defend themselves, and have no right to instigate war except for self-defense. 6., the people should respect human rights. 7., the people must observe certain restrictions in the course of war. 8., the people have an obligation to help other people who live in unfavourable conditions, which impede the establishment of a just or proper political and social system by the people." This is, in fact, the basic axis of Rawls's civic ethics. The law of the people's Republic of China is based on the rational laws known to the public equality among the people, and the universal values of civic ethics, which are pointed out by the law of civil law, will be universally respected.

In the theoretical framework of the civil law, Rawls's civil ethics is based on the specific moral nature of all the people.

Any society must respect basic human rights, although such societies are not necessarily free. Here, Rawls repeats the concept of "two moral capacities" in political liberalism, that is, the ability of sense of justice and the ability to read well. This is also the basic condition for the existence of civic ethics. "It is also assumed that every citizen, at any time, has a good idea of a complete religious, philosophical, or moral doctrine.". These capabilities enable citizens to exercise their role as citizens and endorse their political and civic autonomy. The principle of justice protects the interests of the citizens at higher levels; they are guaranteed in the framework of the constitution of freedom and the basic structure of society. These systems established a reasonable and just environment in which the background and culture of the civil society flourished." The basic requirements to civic ethical thoughts of Rawls will be the rational citizen parties communicate with each other in the process of basic interests as citizens of mutual relations, the public interests will prevent the irrational selection of citizens. When a citizen thinks carefully in his most rational political statement, he takes part in public reason.

It can reasonably be expected that the political value of this political statement can be reasonably endorsed by other liberal and equal citizens." A reasonable and rational citizen who has the moral learning ability recognized by society.

Citizens of Rawls's ethics thought can reflect the citizens in order to meet the need for self-esteem: their self-esteem to citizen's freedom and integrity, in the domestic political and social institutions of justice and propriety, intent on mutual recognition in relation to develop mutual trust relationship. The people do not merely reflect the justice and propriety of the interests of the prudent or rational pursuit.

Rawls's civil ethics thought that citizenship, no matter what kind of region, embodies the independent and recognized membership of the citizen in the social structure. When we are born, we enter the social community and end up in the end of our lives. As a citizen, the status of everyone is inalienable. Then, the relationship between freedom and equality of citizens, but also citizens of equal status between the other members of the society are treated indifferently, is not subject to discrimination and control, is not adversely a political or social pressure treatment. Citizen personality independence, from slavery and dominion; abide by the contract, to comply with the commitments between citizens. Citizens have the right to protect themselves, and their life, freedom and property are respected in a unified way.

The formation of a unified sense to defend human rights; mutual reciprocal obligations between citizens, but do not interfere with each other in normal private life. Citizens recognize each other as an indispensable part of a democratic social cooperation system. In the fair terms of cooperation, the equality they require is respect, equality, and equality that all people expect.

The citizen ethics thought of Rawls, as a free and democratic society between citizens, between here and you and I, to accept the basic principles of justice system, it tends to according to the principles of justice in action under the guidance of the principle of democratic society. Based on the basic justice principle in Rawls's civil law, the analysis of the civil ethics thought which is consistent with the public life world contains a kind of reciprocity and tolerance. The most important thing is to maintain mutual respect among the people. A contempt for others, the other side is suffering hatred, only to lose. These relationships are by no means separate from the people's view of their internal (free or proper) basic structure. Rather, maintain the mutual respect between people and social people, but a part of the basic social structure and political environment of the key." Every man has his own rational conscience, and he should live in harmony and be friendly to each other. Rawls's thought of civic ethics includes the harmonious coexistence of citizens, the understanding of each other, and the public reason that is suitable for the people's society in the cooperation. It is a reasonable awareness of mutual respect and mutual respect among citizens, and in the fundamental need for long-term cooperation, the people of justice are fully prepared to give equal respect and recognition to other equal people. It contributes to the possibility of rational communication among citizens and contributes to the sustained and stable existence of a free and Democratic People's community.

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