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

ISSN 1673-3436

ISSN 1673-355X(Online)

CN 11-5743/B

邮发代号 80-983

Frontiers of Philosophy in China  2014, Vol. 9 Issue (1): 21-38   https://doi.org/10.3868/s030-003-014-0002-3
  本期目录
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
 全文: PDF(271 KB)  
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.

Key wordsrights    principle of rights    contractualism    zero-relationship
出版日期: 2014-05-16
 引用本文:   
. [J]. Frontiers of Philosophy in China, 2014, 9(1): 21-38.
ZHU Wanrun. A Zero-Relationship Justification of Rights: A Contractual Approach Based on Rawls’ Device of the “Original Position”. Front. Philos. China, 2014, 9(1): 21-38.
 链接本文:  
https://academic.hep.com.cn/fpc/CN/10.3868/s030-003-014-0002-3
https://academic.hep.com.cn/fpc/CN/Y2014/V9/I1/21
Viewed
Full text


Abstract

Cited

  Shared   
  Discussed