On Rawls’ and Hayek’ Views of Procedural Justice: A Comparison and Integration Based on Social Evolution Theory
Ding Jianfeng;Research Institute of Legal Theory, School of Law, Sun Yat-Sen University;
Procedural justice plays a significant role in modern society. The theories of procedural justice by John Rawls(罗尔斯)and Frederick Hayek(哈耶克)embody two different ways of applying procedural justice to the basic social structure. From the perspective of the evolution of human cooperation, these two theories of procedural justice represent different stages of social evolution. At the beginning, "imperfect procedural justice" constituted the main form of procedural justice. The expansion of human cooperative scale promoted the emergence of Hayekian pure procedural justice. With the development of large-scale social cooperation to a higher degree, Rawlsian procedural justice has become an inevitable requirement of social development. In the contemporary society, Rawlsian procedural justice is the result of conscious social choice. It integrates various forms of procedural justice and substantive justice, which can be demonstrated as a more realistic and ideal theoretical framework.