Please wait a minute...
Frontiers of Philosophy in China

ISSN 1673-3436

ISSN 1673-355X(Online)

CN 11-5743/B

Postal Subscription Code 80-983

Front. Philos. China    2014, Vol. 9 Issue (1) : 21-38    https://doi.org/10.3868/s030-003-014-0002-3
research-article
A Zero-Relationship Justification of Rights: A Contractual Approach Based on Rawls’ Device of the “Original Position”
ZHU Wanrun()
Department of Political Science, Jilin University, Changchun 130012, China
 Download: PDF(271 KB)  
 Export: BibTeX | EndNote | Reference Manager | ProCite | RefWorks
Abstract

In contemporary moral and political philosophy, there are two leading approaches to the justification of rights. These could be broadly identified as deontological theories and consequential theories. These two schools of theories each have their own strengths and weakness, while there is also a third contractual approach that is under represented. Because Rawls’ and Scanlon’s well-known contractual theories are designed for purposes other than the justification of rights, the purpose of this paper is to establish a principle of rights on the basis of Rawls’ justification device of the “original position.” First, it supplies a criterion based on human conduct or action. Second, based on this account of human conduct, different types of relationships are constructed and presented to the parties in the “original position.” Third, it will show that the parties in the “original position” would choose one of these relationships as the principle of rights. Finally, Rawls’ first principle of justice will be reformulated. The procedure of choosing a principle of rights in this paper could also be viewed as a demonstration that, when properly situated and motivated, human beings exhibit their potential as rational beings.

Keywords rights      principle of rights      contractualism      zero-relationship     
Issue Date: 16 May 2014
 Cite this article:   
ZHU Wanrun. A Zero-Relationship Justification of Rights: A Contractual Approach Based on Rawls’ Device of the “Original Position”[J]. Front. Philos. China, 2014, 9(1): 21-38.
 URL:  
https://academic.hep.com.cn/fpc/EN/10.3868/s030-003-014-0002-3
https://academic.hep.com.cn/fpc/EN/Y2014/V9/I1/21
[1] SHAN Jiangdong. On Affectionate Respect in Gender Justice: An Inquiry into the Cultural Abuse of Sex[J]. Front. Philos. China, 2017, 12(3): 483-504.
[2] WANG Xiaowei. A Human Right to Internet Access: A Gewirthian Approach[J]. Front. Philos. China, 2016, 11(4): 652-670.
[3] ZHANG Xianglong. Kant’s View on the Parent-Child Relationship and Its Problems—Analyses from a Temporal Perspective as to the Creation and Rearing of a Being Endowed with Freedom[J]. Front Phil Chin, 2011, 6(1): 145-160.
[4] GAN Shaoping , . Human dignity as a right[J]. Front. Philos. China, 2009, 4(3): 370-384.
[5] LIANG Tao. Mencius and the tradition of articulating human nature in terms of growth[J]. Front Phil Chin, 2009, 4(2): 180-197.
[6] HAN Shuifa. The concept of democracy[J]. Front Phil Chin, 2008, 3(4): 622-632.
[7] Yao Weiqun. Buddhist Thought and Several Problems in the World Today[J]. Front. Philos. China, 2006, 1(1): 144-147.
Viewed
Full text


Abstract

Cited

  Shared   
  Discussed