Oldal 26 [26]
OCR
IZOLDA TAKÁCS: THROUGH A GLASS DARKLY If Rawls’ abstract theory of justice is taken as a basis, it can be deduced that “First: each person is to have an equal right to the most extensive scheme of equal basic liberties compatible with a similar scheme of liberties for others. Second: social and economic inequalities are to be arranged so that they are both (a) reasonably expected to be to everyone’s advantage, and (b) attached to positions and offices open to all.””? So, Rawl’s second principle was based on the fact that people are not the same, their cognitive abilities, talents, economic, cultural and social backgrounds are different. Therefore, equality must not be enforced by suppressing disparities, i.e. the distinct characteristics.*° In this sense, Rawls’ statement may also be related to that of Edgar Morin. According to Morin, we must accept the paradigm that links “the idea of human unity to the concept of difference, and theories that are capable of interpreting human unity and human differences at the same time.”?! This can be seen as the only way in which justice and equal opportunities can be formulated along with this inclusive concept. In addition, Morin explained that we need to understand that there are bioanthropological conditions (the capabilities ofthe human brain), socio-cultural conditions and neological conditions.” These, in turn, allow the “real” questioning of the world and of human knowledge (such as the collision of relative truths and values by Kelsen). We can see even in Hart’s argumentation that the same theorem, i.e. to question the belief in the immutability of particular norms, was also essential from the perspective of progression. This is what the lawsuit itself is intended to serve with its adversarial structure, which is a practical manifestation of the clash of values. Positive jurisprudence — Kelsen in particular — connects diversity to the idea of justice in a way that the social order imposing rights and obligations on a person must disregard some, but not all, differences. In his view, the decisive question is which differences need to be considered and which do not.” This can be the basis for the theoretical issues of equal treatment and can also provide a framework for positive discrimination. Let’s start with the fact that social actors are fundamentally different. How can a fair system be created to the benefit of all? Perhaps Rawls’ theory of justice has given the most comprehensive answer. According to him, we can only speak of a just social order if any post, position, rank, office is open to all, and advancement in income, wealth or power is also 29 Rawls: A Theory of Justice, 53. 30 T6éth: John Rawls, n.d. 3! Morin quoted by Barcsi: Az emberi méltóság filozófiája, 11. 32 Morin, E. (1999): Seven complex lessons in education for the future, https://unesdoc.unesco. org/ark:/48223/pf0000117740 (accessed 12 December 2019), 11-12. 33 Kelsen: Mi az igazságosság? s 24 e
