百家争鸣
郭国汀律师专栏
[主页]->[百家争鸣]->[郭国汀律师专栏]->[正义概念的进化与发展]
郭国汀律师专栏
·联邦主义要旨
·It’s Not Patriotic to Violate the Constitution
·An Imperial Presidency Based on Constitutional Quicksand
·US Constitution revolution for real democracy
·One of the major writer whose legal thought Influence the Americas Founding Fathers
·Beyond the Constitution
·Philosophy Constitutionalism
·USA Constitution is in grave danger
·Constitutional Interpretation
·The Bill of Rights
***(41)民主研究
·美国宪政民主的基本要素
· 政治民主机制的最新发展--监督民主
· 序《民主导论》
·民主的真实含义
·自由宪政民主政治的七项实质要件
·民主的实质
·谁是真正的人类政治民主之父?
·民主就是[山头林立]?!
·共和比民主更为根本
·共和民主宪政要旨
·什么是联邦主义民主宪政?
·我的民主朝圣之旅
·民主的灯塔永放光茫
·古希腊雅典民主政体
·伯拉图亚里士多德论古希腊民主体制
·伯拉图论共产主义
***(39)法治研究
·法治论/郭国汀
·自然法原理
·法律的定义
·法律的本质与精神
·什么是法治?
·法治的基本原则
·法治的目的
·法治与民主的前提与条件
·法治的起源与历史
·开明专制与法治--极权流氓暴政下决无法治生存的余地
·法治的基石和实质
·法治的精神
·法治余论
·一篇值得推介的法治论文杰作/郭国汀
·Judicial Independence and Canadian Judges
***(37)自由研究
***表达自由新闻与出版自由
·当代自由主义的基本特征
·只有新闻自由能治官员腐败之顽症
·郭国汀 唯有思想言论舆论新闻出版结社教育讲学演讲的真正自由才能救中国!
·中国争人权、言论表达自由权的先驱者与英雄名录
·中国政治言论自由的真实现状-我的亲身经历(英文)
·郭国汀论政治言论自由:限制与煽动罪(英文)
·郭国汀论出版自由——声援支持《民间》及主编翟明磊
·郭国汀 美國言論自由发展簡史 [1]
·美国的学述自由:Academic Freedom in the USA
·祝愿祖国早日实现真正的自由!新年祝福
·向中国良知记者致敬!
·丹麥主流社會召開中國言論自由研討會
·中共倒行逆施,严控国际媒体报导中国新闻
·关于思想自由与中律网友的对话 /南郭
·性、言论自由、自由战士
·性、言论自由,自由战士与中律网友们的讨论/南郭
·自由之我见
·不自由勿宁死!
·自由万岁!----我为“新青年学会四君子”及“不锈钢老鼠”辩护
·真正的民主自由政体是中国唯一的选择
·自由万岁!新年好!
·三论思想自由
·为自由而战,为正义事业献身,死得其所无尚光荣
·言论自由受到了严重威胁
·思想自由的哲学基础/郭国汀
·冲破精神思想的牢狱--自由要义/郭国汀
·我们为什么要争言论自由权?/南郭
***(38)思想自由与宗教信仰自由
·郭国汀论宗教信仰
·神学与哲学的异同
·宗教的思索
·爱因斯坦信犹太教和贵格教也信上帝
·信神是愚昧吗?!基督教义反人性吗?!谁在大规模屠杀婴儿?!
·爱因斯坦宗教信仰上帝相关言论选译
·爱因斯坦宗教上帝相关言论第二集
· 爱因斯坦原信的准确译法
·大哲大师大思想家大政治家论宗教上帝
·哲学家的前提与基础
·宗教是统治阶级麻醉人民的鸦片吗?
·为什么说爱才是宇宙的本质?
·宗教起源的根源何在?
·圣父圣子圣灵三位一体论的由来
·人民圣殿教真相
·质疑东海一枭良知大法兼驳良知宇宙本体论
·自然科学与宗教哲学灵魂
·读东海兄批判美国神话有感
·郭国汀为上帝信仰辩护
·驳东海之糊涂上帝观
·四海之内皆兄弟人类本是一家人
·推荐陈尔晋先生之《圣灵福音》
·质疑东海君之《良知大法》
·祝愿祖国早日实现真正的自由!
·关于司法公正的讨论郭国汀律师在北大法律信息网上发表了非常危险的错误观点应该予以驳斥!
·中共当局封杀言论为那般?
·六四的记忆
·谈中华文化与道德重建(四)
[列出本栏目所有内容]
欢迎在此做广告
正义概念的进化与发展

正义概念的进化与发展An Evolution of the Conception of Justice

   

   Guoting Guo

   

   What is the justice? What is thenature of justice? What is the origin of the Justice? Is it from God or natureor origin from convention among men? Does its nature change with changing timesand place? Is it the same everywhere or different in various location? Is itthe same for all races of men or classes? Is there more than one kind of justice:nature justice, social justice, industrial justice,political justice, economic justice, criminal justice civil justice, legaljustice? Where is the justice come from? Derive from God nature or convention?This is the fundamental issue from very beginning.

   

   Early justice proclaims that ‘what you do shall bedone to you’, ‘Donot unto others what you would not wish to be done unto you.’it is concerned only with harmful action and primary with murder. the Maxim‘what you do shall be done to you’. The Golden rule ‘do as you would be doneby’. you ought to receive what you have inflicted; that is what you deserve.

   

   All ancient community were economicand not political. Private ownership of land was unknown. The products were notdistributed communally. Justice is from thebeginning. It is prior to the appearance of the political state. The disastersthat will overtake us if we transgress the law of nature.[1]Justice is the bond of which holds a societytogether, a harmonious union ofindividuals, each of whom has found his life-work in accordance with hisnatural fitness and his training.[2] Justice like truth, is one of the eternal verities. allmankind pays ready and willing lip service to the idea of justice. Goodand bad men alike feel that injustice inflicted on them is an unendurablewrong. The need for justice rises in every humanheart. You need no education to realise thenecessity of justice and the iniquity of injustice. Justice may be defined as the establishment of right between men, asindividuals or in association. Lord Bacon said that revenge is a kind of wild justice. But true justice is not any kind of revenge, rather is it the redress of a disturbed balance,re-establishment of a spiritual equilibrium in disorder human relationship.[3]Justice cannot be the monopoly of any nation, group, or individual, as equitywas introduced to modify the harshness of law, so Mercy has been born in thehuman heart to mitigate the unyielding quality of justice[4].Morality is a changeable thing, altering with time and place. Standard or moralvalues, become worn-out and replaced by other standard. And yet, the true basic Virtues never become out worn.Love, truth, justice, beauty can never die and cease to be, whilst mankindsurvives. They are innate in us. [5] Sincelaws are make and administered by human beings perfected is impossible. Lawsare imperfect, nor are judges and magistrates infallible.[6]Injustice, always evil, is surely more horrifying when it masquerades asjustice, and is committed by the very courts that exist to provide justice[7].

   “ it is better that a dozen guilty shouldescape then that one innocent should be convicted.” Among the moral virtues, atany rate, justice is the Queen. Truth is the foundation of justice, goodness is its end, and beautyconstitutes its essential quality. The justice of a law or a judgementdepends upon whether it is based on truth, whether it is directed toward thegood life, and whether its disposition are fittingly adopted to the end.[8] The acquisition of knowledge is thus an obligation, aresponsibility, indivisibly linked to the administration of justice.[9]To recognize that justice is in part a function of the existing state ofknowledge and that man, who esteem justice the highest virtue, thus have dutyto know, then who are in administer of justice should be learned men.[10]the judges and legislators, judge is not necessity one deeply learned in thelaw, but rather rich in knowledge generally [11]

   

   Man cannot dispense with justice,love and beauty. It is justice that is the key that will open the gates ofGod’s paradise to man. Without it, all effort is vain. Justice must be restorebefore redemption comes.[12] If you abandon God, you abandon justice, the justice areseeking. You can not have the one without the other.[13]Religion without the eternal law of justice cannot hope to bind man to aninvisible God. Neilson [14]

   

   Most modern political ideals such asjustice, liberty, constitutional government, respect for the law, began withthe reflection of Greek thinks upon the institutions of the city-states[15]. InGreek, Dike,means right or just, imply an idea of order, ob balance or redressingdisturbance of balance; dikastes, judge or juryman; diaios, one who does right,he is just or righteous; dikaiosyne, righteousness, the quality of acting asone ought. Plato in his law putit“ man, when perfected, is the best of animals,but, when separated from law and justice, he is the worst of all.”[16]Platomakes ‘Justice the most important of the virtues, while makes wisdom theleading virtue, for it is the virtue of ruling elite, and virtue of reason, thecontrolling element in the soul. [17] Ina settled society, Justice, the ordered regulation of behavior betweencitizens, gains more important as the cardinal virtue. Cardinal virtues,includes wisdom, courage, self-control or ‘temperance’, and justice.

   

   From ancient Greeksthere have been two ideas of distributive justice.The first idea is justice looks to and matchesmerit; it claims that people should be givenwhat they deserve. The second idea of distributive justice has adifferent basis. It looks to equality and need.It says that all human beings have equal worth andequal claims. A just treatment is focused onequality. It is injustice to foster inequality. Justice calls forequality. Discrimination in favour of someand against others is contrary to justice, the principle of distributivejustice is to aim at equality and to favourthe needy in order to reduce inequality.[18]

   

   The philosophers of Greece City-states, believed that right or justice means theconstitution or the organization of a life common to citizens, and function inthe total life of the city.[19]Greek philosopher Anaximander said that justice isan ultimate principle in all the earliest attempts at a theory of the physicalworld[20].In Euripides Phoenician maidens. “ Man’s lawof nature is equality”. “the honest man is Nature’s nobleman.”[21]Legal justice is no use to those who follow law.

   

   Socratessays‘ what is justice, whether it is vice and ignorance, or wisdom and virtue; thatinjustice is more profitable than justice, I simply could not help it. That Iknow nothing at all! When I don’t even know what justice is, I shall hardlyknow whether it is really a virtue or not, and whether one who has it is happyor not happy.’[22] In Plato’s Republic, when inquiry into what is justice, Socratessays in the Dialogue: “Justice is the institutionof a nature order in which a man can produce food, buildings, and clothing forhimself, removing not a neighbours landmark, practicing one thing only, thething to which his nature is best adapted, doing his own business, not being abusy boy, not taking what is another’s’, nor being deprived of what is his own,have what his own, and belong to him, interfering not with another, so that hemay set in order his own inner life, and be his own master, his own law, and atpeace with himself”.[23] Socrates believe that justice and virtue generally has to do withknowledge and bring happiness, but not elaborated or really convincing.Socrates ‘ justice is the excellence of the soul,and injustice the defeat of the soul.’[24] Socratessaid ‘ for a long time past we have been talking ofjustice and have failed to recognize her…you remember the original principle…that one man should practice one thing only, the thing to which his nature wasbest adapted; now justice is this principle or part of it. [25]‘justicewill be admitted to be the having and doing what is a man’s own, and belongs tohim. [26]‘justman, sets in order his own inner life, and is his own master, and his own law,and at peace with himself. [27]‘thebest and justice is also the happiest…who is the most royal man and king overhimself…the worst and most unjust man is also the worst miserable…’ The soulhas three principles: reason, spirit, and appetite,likewise, there are three classes of men: lover ofwisdom, lover of honor, lover of gain. Each man praises his own way oflife and depreciate the other way. The life of reason is the best and mostpleasant. Plato argue that just life is the best. Socrates said that ‘the man of understanding will devote theenergies of his life to acquirement of justiceand temperance and wisdom and ‘he will honorstudies, which impress these qualities on his soul, and will disregard others.’He ‘will regulate his bodily habit and training’, his object will always be ‘toattempt the body as to preserve the harmony of thesoul.’ [28]The wise man will not allow himself to be dazzled by the foolish applause ofthe world.

[下一页]
blog comments powered by Disqus

©Boxun News Network All Rights Reserved.
所有栏目和文章由作者或专栏管理员整理制作,均不代表博讯立场