浙江社会科学

阿马蒂亚·森的正义论在方法论上,以社会现实主义的方法批判先验制度主义;在对正义的形式界定上,以开放的中立性取代封闭的中立性;在正义的观念上,以可行能力为信息基础讨论自由和平等问题。森的正义论独具特色,表现在三个方面:其一,以看得见的方式实现正义的现实主义研究方法;其二,既容纳理性多元化也容纳正义缘由多样性的多元主义的正义观;其三,对全球正义的关切。但是森的正义论也存在一定的局限性,表现为:中立的旁观者的反思机制难以保证正义的中立性和客观性;理论的调和性削弱了理论的论证力;强烈的改良主义倾向使其正义论对现实的关照十分有限。

Amartya Sen criticizes transcendental institutionalism with social realism method in meth-odology, uses open neutrality instead of closed neutrality in defining the form of justice. Meanwhile, in the concept of justice, Sen discusses freedom and equality based on feasible ability,emphasizes the importance of the right with purpose-right theory, and then considers that legal rights are as important as moral rights.Sen's justice theory is unique which takes on three aspects. Firstly, its methodology is realism. Secondly,the viewpoint of justice includes pluralist culture and various idea of justice. Finally,the theory of justice Concerns about global justice.However, Sen's justice theory has some limitations. For example, the reflection of the neutral spectator is hard to guarantee the neutrality and objectivity of the justice, the conclusions lack of convincing because of reconciling apparently opposing views. In addition, for his strong tendency of Reformism, the doctrine of justice has limited the attention of the reality.