【作者】约翰.罗尔斯
【内容提要】
In a society marked by a pluralism of comprehensive moral views the ability of a constitutional regime to maintain widespread allegiance is due to "overlapping consensus."Those with divergent comprehensive views may nonetheless agree on a given political conception ofjustice. However, the idea of an overlapping consen=su as used in Professor Rawls!s earlier works, has caused some misgivngs. It seems to suggest that political philosophy is ' political" in the wrong way. Professor Rawls answers these misgivings. A political conception ofjustice, such as Rawls's 'yustice as fairness" in A Theory of Justice is not merely tailored by the dominant group to justify favored results Nor does it presuppose any particular comprehensive doctrine. whether religious or philosophical Rather, as supported by an overlapping consensus, justice as fairness falls into a special domain of the politicaL It gives the framework of a stable constitutional regime by resting on the consensus of citizens who share an understanding of the role of certain basic rights and liberties, even though they may not agree on comprehensive doctrines.