Social Contract's Foundation On The Protection Of Disadvantaged Group

Social contract is a kind of"existence principle"concerning state and society. The aim of social contract theory is: What is the validity of state existence? What is the probability of social existence? The social contract's justice includes freedom principle, reciprocity principle, equality principle and credit principle. According to different value mindsets, social contract may be divided into types of approval, reciprocity, equality and humanism social contract. Under the visual field of social contract, disadvantaged groups can correspondingly be defined for: Groups who did not really participate in the agreement process and thus made the purpose of conclusion has no full realization; Groups who had not benefited from social contract and developed together with their contract partners; Groups who had not been treated equally at the time of conclusion and whose basic human rights suffered infringement; Groups who were not on a good wicket during contract's significant change and were taken into account as utility sacrificial lamb. Social contract responsibility foundations of the protection of vulnerable groups include the freedom foundation of consent-type social contract government's responsibility, the utilitarian foundation of reciprocal type social contract individual's responsibility, the justice foundation of equal type social contract social responsibility and the humanitarian foundation of human-based social contract dynamic improvement.Approval social contract theory's configuration experienced an endless but complications historic variation. But its basic spirit never scattered: State comes from people's approval and government according to people's entrust; In reverse, it's state responsibility that government scrupulously abides by promises, guarantees human rights and realizes social justice which by no means can not be evaded of, and are also the legal substantial condition for state and government. Responsibility of the approval social contract type state has its inside creation logic: Political state is the outcome of the reasonableness establishment; State of nature's not-self-sufficient is the logic point of departure in entering a civilization society; People's consistent approval is the premise of the state's legitimacy; The state's legitimacy lies in more to keep commitment, implement responsibility and to obey nature principle; Social contract's ultimate concern is to guarantee people's safety, freedom and property; The state's legitimacy also lies in that itself should be a moral system; When state's legitimacy losing its function, people can exercise their resistance power. Although social contract theory is of no historic, the practicing reality of its standard judge legitimacy will not reduce. Under the visual field of approval social contract disadvantaged group's protection is an inevitable claim of the government responsibility, the center of the government responsibility, the concentrate embodiment of the government's good conscience and the society foundation of the government's safety.Reciprocity social contract's contract mechanism is: Social contract is to conclude a kind of consensus which builds on the pleasing foundation of every side; Everyone can earn benefit from the agreement without fail; Reciprocity is a kind of moral obligation on cooperation; The contract is usually a series of behavior demands that need everyone constantly go to an appointment. The value tropism of reciprocity social contract is a perfected individualism, that is "cooperation individualism" or "general benefit individualism", also named as "relation individualism". The human nature foundation of the reciprocity social contract is: Social existence purpose is to improve everyone's circumstance who participates in making a social contract; "Mankind monopoly crisis" decides the necessity of reciprocal "society compulsive"; Not- self-sufficient of personal effect maximized "Nature reasonableness" claims "exactitude reasonableness". The reasonableness standard of the reciprocity social contract's solution ways with "human nature contrary theory" is: Individual has to keep limited maximized effective; To adjust the harmony of the public benefits and the ego benefits, and the harmony of benefiting maximized effective with benefiting each person. Reciprocity social contract contains the value essence of disadvantaged group's protection: The contracted solidify; Corresponding the social meaning to disadvantaged group's protection: System optimum; Marked the origin strength of disadvantaged group's protection source; Personal responsibility; Clearing an valid path for disadvantaged group's protection: The governing of rule.The moral equal claim of equality social contract lies in the limit of utility claim to the disadvantaged group's protection of reciprocity social contract. Equal treatment's basic reason under the equality social contract is: Individual equally; Contribution equally; Dignity equally; Human rights equally. The equal treatment's value under equality social contract lies in creating good life and good community. The equality social contract should set up correct relation view between equality and justice, equality and freedom; The really meaning of equality under the disadvantaged group's protection of the equality social contract is the equality between individual's status and personal dignity, is the unification of formal equality and substantial equality and the unification of opportunity equality and result equality. The special protection of disadvantaged group under the equality social contract firstly needs emphasizing fair and justice principle, and the reason why this principle has an demand of inclined protection for disadvantaged group's protection, firstly is the need of constructing social cooperation system, secondly is the dignity of why a person be human being, thirdly is the need of treating everyone the best by treating some one the best under the veil of ignorance. The query to "difference principle" of fair and justice principle can be vindicated: Once the veil of ignorance is removed, "difference principle" can still exist under the uncertainty of market and life; The nation's intervention that realizes "difference principle" is not to infringe upon personal right but a kind of universal benefit principle including the advantaged group; distributive justice will not cause centralization, but is the appropriate intervention and system respond carried out by state to change "night police" role in"private area"emphasizing particularly on"substantive equality"claim; Nor the "difference principle" will cause equalism, but only regards ensuring basic human rights as the base line; "Difference principle" is not only fair, but also the scientific justice theory for alleviating the conflict between freedom and equality.The hypostasis logic of humanism social contract lies in humanism's deep internality agrees with social contrast in theory logic and history evolvement. The concluding and improving of social contract substantially are similar to the constitutionality and amending constitution which establishes social basic economic and political system (essential system), also is the establishment of the backside's logos which is the most important system in social basic system's establishment. The concluding of social contract is derived from and serves the needs of human themselves'survival and development, the purpose which makes an agreement to found a nation is for person, on this meaning, humanism is the gene and central value of social contract. The meaning of refining humanism social contract's concept is profound: If classical social contract makes individual separated from the Middle Ages particular identity social relationship, completed the principal model change"from identity to contract", humanism social contract will make the person set free from abstract contract, manifesting human's value again, realizing the position change"from contract to identity", this is the essential path of disadvantaged group's protection. Humanism social contract's creation path lies in individual and society's harmonious symbiosis; its basic characteristic is a society which takes human beings as its center and satisfying men's demand as its basic purpose. The spirit of humanism includes: men's value is the most important; Man is the purpose not only a tool; Respecting personality and men's independence; Admitting human nature and guaranteeing human rights. Humanism's value mindset is"a whole doctrine under the individual doctrine". Disadvantaged group's creation under humanism social contract has a deep relation with"modernity paradox"which takes men's variation as main characteristic in the modern progress. Therefore, the vital part of disadvantaged group's protection under modern humanism social contact is to the correction which takes material as central and to the person redemption; The substance of disadvantaged group's protection is to solve the modern crisis and its claim is to agree with Scientific Developing Concept.Under the disadvantaged group's protection, social contract's dynamic perfection needs idea precipitation and principle persevere of social contract's humanism: That is insisting the symbiosis basic principle on personal, social and state, keeping a vigilance not only to the Laissez-faire doctrine, but also to the social utilitarianism which makes"utility"to violate"right".We must insist the basic principle that"person is the purpose not tool", and against the production principle which takes material as essential. Insisting the basic principle that"man is the central part not an object part", and against"ecosystem central principle", preventing the misunderstanding to the sustainable development which is: Regarding"nature feelings"is more important than"humanism feelings","fairness between generations"is more important than"fairness in generation"and"ecosystem harmony"is more important than"society harmony". Insisting the fair and justice principle that"the whole nation shares the development achievement", and against"a society of too many elites". Insisting the basic principle of"highlighting human nature and guarantee human rights", opposing the formation government that"bad laws are also laws". Under disadvantaged group's protection claim, technique drafts and system modes on perfecting the humanism social contract include: The innovation protection mode; Put forth effort to follow-up adjustment; Highlighting economic right; Perfecting the benefit express system; Build up a litigation mechanism of checks and balances.