~Human Beings are facing unprecedented challenges. New technologies have greatly increased human diversity, while the laws by which the people adopted could hardly cope with the change. How to organize a well-ordered society where heterogeneous groups can all enjoy their lives has, therefore, become an urgent research topic. Under the circumstances, it becomes more and more valuable to review a political philosophy of how groups with different interests and beliefs could form a fair society. John Rawls’ Justice as Fairness theory came to be the author’s target of reviewing in this thesis. The thesis started with a brief introduction to some basics of Rawls’ theory, such as the Two Principles of Justice, the Idea of the Original Position, and the Idea of an Overlapping Consensus. It then introduced some sharp criticisms that the theory has faced difficulty responding to. On these basis, the author proposed, with Martha Nussbaum’s and Amartya Sen’s theories in mind, to reinterpret the Difference Principle, the second part of the second principle of Rawls’ Two Principles of Justice, with “empowerment approach,” and argued that the approach can make the Justice as Fairness theory better at responding to the relevant criticisms and can help improve the theory’s self-consistency. Finally, the author applied the reinterpreted Two Principles of Justice to construct a disability legal system, which, while can ideally govern the relationship between disabled and nondisabled people, sheds light on how legal systems can deal with diversified groups of people in a fair way, and demonstrated how the Rawls’ theory and the author’s approach work.
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