Social Sciences in China (Chinese Edition)

No.5, 2021

 

Rethinking Justice: The Connotations and Extensions of Justice

(Abstract)

 

Yang Guorong

 

The original connotations of justice lie in getting one’s deserts; this is inseparable from rights. Seen in terms of origins, the acquisition of rights has a degree of chance: initially, there is nothing inevitable about an individual’s natural endowments of intelligence and physical strength, or possession of a particular social background. If this is used as the basis for “deserts,” the inevitable result will be social inequity. Rawls puts forward justice as fairness, but presupposes the veil of ignorance and the original position. This assumption is based on a logical hypothesis and exhibits a certain abstract form, but Rawl’s understanding of justice is confined to the field of rights. A more realistic approach is to introduce the concept of “getting what one needs” in addition to “getting one’s deserts.” The former principle means that the basis for obtaining social resources is no longer simply the individual’s rights, but the need itself. If, in the main, Rawls’ value orientation is “equality above deserts,” then “getting what one needs” is based on the value premise of “benevolence trumps rights.” “Getting one’s deserts” embodies the bottom line of justice. In contrast, “getting what one needs” not only sublates the arbitrariness and inequality of “deserts,” but also endows justice with the stipulation of benevolence. Thus understood, the connotations of justice can be expanded to a certain degree. “Getting one’s deserts” highlights the original meaning of justice at the formal level, while “getting what one needs” not only embodies the essence of justice, but also provides the historical precondition for transcending justice.