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根据对现代契约法基本矛盾的不同立场,契约法正当性理论分为道义论和目的论两脉。这两种理论都不能合理论证被普遍认同的契约法基本制度。其根本原因在于,两者的理论根基都是单一主体:前者是单一的抽象化原子论的主体,后者以单一的情境化交互性主体为基础。以具有双重属性的主体——罗尔斯理论中的道德主体——作为基点,可以推导出衡量契约制度正当与否的两个契约法正义原则,这些正义原则能够给契约法基本制度提供充分的正当性论证。
According to different standpoints on the basic contradictions of modern contract law, the legitimacy of contract law is divided into two parts: deontology and teleology. Neither theory can justify the generally accepted basic law of contract law. The fundamental reason is that the theoretical foundation of both is a single subject: the former is the main body of a single abstraction of atomism, and the latter is based on a single contextualized interactivity subject. Taking the subject with dual attributes as the moral subject in Rawls’ theory as a starting point, two principles of contract law can be deduced to measure whether the contract system is valid or not. These principles of justice can provide the basic law of contract law with sufficient Legitimacy argument.