Контрактуалістичний дискурс ідеї раціональної справедливості

Abstract

. Introduction. Thinking of just or unfair laws based on the agreement; modern political philosophy (primarily through the works of J. Rawls and D. Gauthier) seeks to understand how rights and interests, benefits and justice are interconnected. Purpose. To analyze the features of contractual discourse of the idea of rational justice as a principle of regulation of activity. It testifies to the transition from the teleological to the legal understanding of the problems of justice, freedom, equality, legitimacy of social institutions that is essential for modern political philosophy and philosophy of law. Methods. The comparison of different concepts of social contract foresaw the sage of the method of comparative analysis. On the purpose of sequential analysis of main components and principles of the social contract were used genealogical, hermeneutic and comparative methods, which allowed to highlight issues of ethics. Results. The main forms of the non-classical theory of social agreement – the universalist (J. Rawls) and the individualistic (D. Gauthier) – have been identified and it is proved that, unlike J. Rawls's contractualism, which relies on the Kantian interpretation of rationality as the rationality of practical reason, D. Gauthier believes that individuals are guided by the rationality of the instrumental mind, and rely on the Gobb’s discourse of social agreement and political anthropology. Originality. It was found out that the main objective of the nonclassical discourse of a public agreement is to find the possibility of such an understanding that would promote responsible respect for the dignity of each, and a rational solution to conflicts would take place taking into account the peculiarities of another being. Conclusion. The idea of rational justice as the main point of contractualist discourse proposes understanding of the rationality as maximizing the justified advantages of the "human being".