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EN
Based on a sociological research, the author of this article aims to identify the beliefs and the attitudes of a group of BA and MA students enrolled in university programs of Juridical Science, regarding their apprehension of the principles of justice - as the central value of the Romanian judicial system. This would contribute to the implementation of justice in the actual Romanian economic, political, and judicial structure. The data analysis provides the necessary information for comprehending the extensions of justice and injustice within the specific social context. A real distance between reality and the political doctrines, and the classical and post-modern philosophical theories of justice as well can be noticed. The resulting conclusions could provide solid settings in order to develop a number of strategies/public policies to shape a more honest society.
EN
This is a defense of Rawls against recent criticism, ironically my own, though it is also a critique insofar as it addresses a problem that Rawls never does. As a defense, it is not a retraction of the original charges. As a critique, it is not more of the same opposition. In either capacity, it is not an afterthought. The charges were conceived from the outset with a specific solution in mind, which would have been too distracting to pursue in the same article. This is that solution. It also highlights the problem. The original charges were that Rawls’s decision procedure for ethics does not justify his own moral principles, namely his principles of justice, and that the underlying problem may well keep the decision procedure from justifying any moral principles whatsoever, or at least any normatively useful ones. The underlying problem was, and still is, the model’s inherent universalism, which is built into the decision procedure through design specifications precluding relativism, yet only at the cost of limiting the relevant moral principles to generalities that are already widely accepted, thereby rendering the procedure at best redundant and very likely vacuous as an ethical justification model. These difficulties are manifested in the work of Rawls as the dogmatism of championing a distinctive conception of justice, a liberal one as he himself calls it, through a justification model that is too universalistic to permit such a bias and possibly also too universalistic to permit any substantive conclusions at all. The solution contemplated here is to position the decision procedure as a dynamic justification model responsive to moral progress, as opposed to a static one indifferent to such progress and equally open to all moral input, thus removing the inconsistency between the universalistic design and any distinctive or controversial principles, including the ones Rawls himself recommends, so long as they are consistent with moral progress.
EN
The so-called debate between Jürgen Habermas and John Rawls concentrated mainly on the latter’s political liberalism. It dealt with the many aspects of Rawls’s philosophical project. In this article, I focus only on one of them, namely the epistemic or cognitivistic nature of principles of justice. The first part provides an overview of the debate, while the second part aims to show that Habermas has not misinterpreted Rawls’s position. I argue that Habermas rightly considers Rawls’s conception of justice as a moral one. In the last part, I discuss two key questions raised by Habermas. The first concerns the relation between justification and acceptance of the principles of justice. The second concerns the relation between two validity terms: truth and reasonableness.
EN
The debate between Habermas and Rawls that took place in 1990s concerned how philosophy can justify the principles of justice under the conditions of pluralism of different and irreconcilable moral, philosophical, and religious doctrines. The context of the debate was mainly Rawls’ Political Liberalism and Habermas’ Between Facts and Norms as well. This paper argues that a wider geo-cultural perspective is pertinent in order to better comprehend the different justification strategies in Habermas and Rawls, concerning the principle of justice. This goes for their different geo-cultural experiences and presuppositions – in short, Rawls living in a self-confident North America in the post-war period versus Habermas’ German experience of civilization breakdown. However, it might also be relevant for the assessment of these two strategies in our time, faced with new kinds of geo-political differences and conflicts.
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