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| DOI | 10.30570/2078-5089-2020-98-3-62-81 |
| DOES THE LAW PRECEDE THE GOOD? DISPUTE BETWEEN LIBERALS AND COMMUNITARIANS | |
| Shaveko, N. A. | |
| 通讯作者 | Shaveko, NA |
| 来源期刊 | POLITEIA-JOURNAL OF POLITICAL THEORY POLITICAL PHILOSOPHY AND SOCIOLOGY OF POLITICS
 |
| ISSN | 2078-5089 |
| EISSN | 2587-5914 |
| 出版年 | 2020 |
| 卷号 | 96期号:3页码:62-81 |
| 英文摘要 | The liberal theory of justice proposed by John Rawls was almost immediately criticized by the communitarians. They mainly criticized Rawls' idea about the priority of the law over the good. This article is intended to show that the idea was misunderstood by the communitarians who viewed it as an attempt to put the law above morality and similar forms of social relations. To solve this problem, N.Shaveko focuses on two objections that are usually put forward against this idea: 1) it destroys the bonds of solidarity; and 2) it leaves no room for the requirements of local morality. His analysis clearly demonstrates that Rawls' conception, and the liberal project as a whole, does not diminish the importance of moral ideals and obligations of solidarity, but, on the contrary, creates conditions for their implementation. The need to take into account moral views, which vary across societies, does not mean that certain basic values cannot be prioritized over moral views. The attempts of the communitarians to justify the supremacy of ideas about the good are unconvincing - communitarians themselves in fact adhere to a number of fundamental values and place them above any conception of the good. According to the author's conclusion, the communitarian criticism does not undermine the foundations of the Rawls' theory of justice, but, on the contrary, enriches it. The disagreements between the communitarians and the liberals can be partially explained by the incorrect use of the notions of "the concept of good" and "moral desert", as well as by the untenable statement that moral obligations can arise solely through the membership in a particular community, and by the unfounded attempts to ascribe a normative significance to the trivial fact of the interdependence between human being and society and to prove the alleged impossibility of making judgments about justice without defining the goals of various social institutions. |
| 英文关键词 | justice liberalism communitarianism just law concept of good moral desert solidarity |
| 类型 | Article |
| 语种 | Russian |
| 开放获取类型 | DOAJ Gold |
| 收录类别 | ESCI |
| WOS记录号 | WOS:000576829500003 |
| WOS类目 | Political Science |
| WOS研究方向 | Government & Law |
| 资源类型 | 期刊论文 |
| 条目标识符 | http://119.78.100.177/qdio/handle/2XILL650/334654 |
| 作者单位 | [Shaveko, N. A.] Russian Acad Sci, Ural Branch, Inst Philosophy & Law, Udmurt Campus, Izhevsk, Russia |
| 推荐引用方式 GB/T 7714 | Shaveko, N. A.. DOES THE LAW PRECEDE THE GOOD? DISPUTE BETWEEN LIBERALS AND COMMUNITARIANS[J],2020,96(3):62-81. |
| APA | Shaveko, N. A..(2020).DOES THE LAW PRECEDE THE GOOD? DISPUTE BETWEEN LIBERALS AND COMMUNITARIANS.POLITEIA-JOURNAL OF POLITICAL THEORY POLITICAL PHILOSOPHY AND SOCIOLOGY OF POLITICS,96(3),62-81. |
| MLA | Shaveko, N. A.."DOES THE LAW PRECEDE THE GOOD? DISPUTE BETWEEN LIBERALS AND COMMUNITARIANS".POLITEIA-JOURNAL OF POLITICAL THEORY POLITICAL PHILOSOPHY AND SOCIOLOGY OF POLITICS 96.3(2020):62-81. |
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