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郭国汀律师专栏
***(22)《仗剑走天涯》郭国汀著
·我的真实心声
·面对十八层地狱,我的真情告白 /南郭 网友评论
·《仗剑微言—我的四十自述>
·相信生命—郭国汀律师印象
·赵国君 做一名人权律师——访郭国汀律师
·申请任专兼职教授与评审一级律师的故事
·志当存高远-我的理想与追求/南郭
·我的知识结构与思想/南郭
·汝凭什么任教授?!/郭国汀
·我们决不再沉默! 郭国汀
·郭国汀:正义者永不孤单
·虽千万人,吾往矣!
·法律人的历史使命---郭国汀答《北大法律人》主编采访录
·法律人的历史使命 网友评论
·如何成为一名伟大的,优秀的法律人?
·如何成为一名伟大的律师?网友评论
·为当代中国人的幸福而努力奋斗
·我的告别书—再见中国律师网
·勇敢地参政议政吧 中国律师!
***(23)《郭国汀自传》郭国汀著
·《郭国汀自传》第一章:阴错际差(1)
·《郭国汀自传》第二章:灭顶之灾
·《郭国汀自传》第三章:奋力拚搏
·《郭国汀自传》第四章:东山再起
·《郭国汀自传》第五章:山重水复
·《郭国汀自传》第六章:永恒的中国心
·郭国汀致海内外全体中国网民的公开函
·极好之网站-天易综合网
·天易论坛宣言—天道至大,易道天成
·南郭不与匿名者论战的声明
·请广西网友立即转告陈西上诉
·就朱镕基与法轮功答疑似五毛党徒古镜质疑
·马克思最大的缺陷之一是其根本不了解人的本性
·南郭谈论习近平
·南郭谈论习近平秘信
·马克思恩格斯列宁之无产阶级专政辩析
·轮流强暴马恩之恶果——“无产阶级专政”
·郭律师就民运英友张林之女安妮被非法剥夺入学权事致习近平/李克强公开函
·郭国汀:批驳体制内文人俞可平严重误导国人的谬论
·父权政治公民政治及专制政治
·什么是我们为之奋斗牺牲的正义和自由?
·什么是自由主义?新自由主义?改革自由主义?
·《匪首毛泽东》20.野心恶性膨胀的邪恶致极的毛泽东
·中共政权的性质与现状
·Politics and truth
·Justice and pursuit of truth
·God and modern politics
·Why Federalism?Dose Federal system better to protect minority rights?
·Injustice as the root of terrorism: Social political and economic fact
·列宁之“无产阶级专政”批判
·ompare Analysisof Marx and Lenin’s Theory of the Dictatorship of the
·我的坎坷律师生涯(9):孤独的长跑者
·《我的坎坷律师生涯《我的坎坷律师生涯》(7):知青岁月》(7):知青岁月
·有关圣经翻译的若干问题
·郭国汀:论爱情
·錯帐俏曳傅模珨凳旰笥H自糾錯我還不偉大嗎?!
·文革教训原因考
·开放党禁与多党联合政治——回顾三大改造、三面红旗、反右、文革史有感
·论质、量互变关系
·学习与开放
·无产阶级领袖有感
·无产阶级领袖的重大作用
·勇敢地参政议政吧!中国律师们!
·郭国汀:从 “中国律师人”说开去
·中國律師朋友們幸福不會從天降
·律師的文學功底
·郭國汀:中國涉外案件沒有一起獲得執行
·南郭:堂堂正正做個真正的中國人!
·郭国汀:愿王洪民先生在天之灵安息.
·南郭:令郭國汀律師老淚縱橫的真情
·郭国汀:民族败类!你是否中国人?
·郭國汀:令我熱淚橫流的小詩
·郭国汀:专制流氓暴政本质的再暴露
·郭國汀:強烈譴責中共惡意迫害自由戰士楊天水 許萬平
·今天我絕食——英雄多多益善!
·一个中国人权律师的真实故事
·郭国汀:全球接力绝食抗暴运动的伟大意义
·郭国汀:闻律师英雄高智晟再遇车祸有感
·只有思想言论信仰结社出版新闻舆论的真正自由能够救中国!
· 南郭:自由万岁!新年好!
·志当存高远-我的理想与追求
·我的知识结构与思想
·人生 道德 灵魂/南郭
·男子汉的眼泪/郭国汀
·相信生命—郭國汀律師印象
·南郭点评
·Racism is the biggest enemy of Justice and equality
·The Essence Distinguish Between Marx and Lenin on the Dictatorship of
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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.

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