Discourse of the fair: socio-philosophical and hermeneutical projects

A key figure in contemporary philosophical debate on the justification of principles of justice, freedom, and rights is J. Rawls, whose position is made through the critique of external heteronomous substantial grounds for philosophical utilitarianism and communitarianism. In full agreement with the classic transcendentalist thought, D. Rawls believes that the due has a goal in itself, but justice is unconditional. It is not bound by any factual circumstances. Rawls' theory of justice is an attempt to transcendentally justify the social. The source of the social and legal norm is the fair, which correlates with reflexivity as the ability to make a rational choice. The procedure for such a choice should be honest. The concept of "honesty" by J. Rawls is supported by the strategy of essential "ignorance" of the subject, which involves disregarding its factuality. The understood principles of justice are not limited to life world. On the contrary, they act as its transcendental condition and the source of all social and legal normal acts. The transcendental a priori in hermeneutics of Paul Ricoeur works in a different way. Justice by P. Ricoeur is thema-tized by the semantic, epistemological horizon of preunderstanding and inter-subjective nature of our understanding in general. When studying the subject of speech and action P. Ricoeur postulates the importance of the life-world dimension. Personal ontology of "fair" and "unfair" forms the primary attraction hermeneutics and semantics of intention of the fair. This semantics is of the field of the moral -as "desirable" but institutionally weakly structured gradually shifting towards the legal. Justice in ethics believes the source of moral regulations to be the idea of the Other. Justice here is an intentional object satisfying the basic desire of good living together with others. Justice in the aspect of law also indicates intentional formations and statement of such a situation, in which the word is spoken that sets a fair distance between the conflicting parties. The fair starts being identified with law. The final stage of the reception of the fair takes the form of practical wisdom. Practice of norm application finally makes the fair in the spirit of Aristotle a predicate of a singular legal solution. As such, it is addressed to the structure of the temporal organization of the subject and works to maintain the "deep conviction" in the correctness of the initial attraction to the fair. Modern philosophical discussion on the law shows the indispensability of the horizons of the fair from the scope of the theoretical. The content of a responsible philosophical thought are generally isomorphic to configurations of the social and the life-practical and it is the latter that needs the fair as the true horizon of its implementation.

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