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郭国汀律师专栏
·中国争人权言论表达自由权的先驱者与英雄名录
·民主革命论 陈泱潮
·《特权论的》精髓——对共产专制特权制度的深刻致命批判
·特权论的精髓——对共产专制特权制度的深刻致命批判 郭国汀
·枭雄黑道乱世的一百年!郭国汀
·论无产阶级民主制度下的两党制
·陈泱潮评胡锦涛
·陈泱潮论江泽民
·我为什么特别推崇陈泱潮先生的思想理论?
·天才论/郭国汀
·彻底揭露批判中共极权专制流氓暴政本质的奇书
·极权专制暴政的根源/郭国汀
·共产极权专制暴政的典型特征——简评陈泱潮的《特权论》
·论共产极权专制政权的本质——三评陈泱潮天才著作《特权论》
·何谓“无产阶级专政”
·陈泱潮论马克思主义的无产阶级专政 郭国汀
·论初级无产阶级专政 /新南郭点评
·论高级无产阶级专政 郭国汀
·中国何往?——政治思想论战书 /新南郭
·陈泱潮论改良主义/郭国汀
·文化大革命是中国民主革命的序幕 郭国汀
·陈泱潮妙评邓小平的“瞎猫屠夫理论” 郭国汀
·陈泱潮精评毛泽东 郭国汀
·论共产党官僚垄断特权阶级 郭国汀
·共产党官员为什么普遍腐化堕落?郭国汀
·“三个代表”是个什么玩意? 郭国汀
·对抗性的社会基本矛盾 郭国汀
·为何中共官员多具有奴隶主和奴仆的双重人格? 郭国汀
·共产专制特权等级制 郭国汀
·人民“公仆”是如何变成骑在人民头上作威作福的老爷的? 郭国汀
·神化首要分子神化党与邪教 郭国汀
·宗教政治与人权灵本主义 郭国汀
·陈尔晋论今日中国社会主要矛盾及前途与命运
·陈泱潮先生在当代中国思想史上的地位 作者:曾节明
***(44)反中共极权专制暴政争自由宪政人权民主绝食抗暴民权运动
·南郭致涵习近平先生
·郭律师致高智晟女儿格格的公开信
·福布斯报导高智晟失踪事件
·胡锦涛必须对高智晟受酷刑负直接罪责!
·郭国汀 高智晟律师为何不发声?
·我眼中的高智晟
·郭国汀 从我的经历看中共当局诽谤高智晟的下流
·所谓高智晟公开声明及悔罪书肯定是伪造的
·真正的中国人的伟大怒吼!
·加拿大著名人权律师安世立支持声援全球绝食抗暴的声明
·闻律师英雄高智晟再遇车祸有感 郭国汀
·呼吁全球万人同步大绝食宣言
·全球接力绝食抗暴运动的伟大意义 郭国汀
·郭国汀声援和平抗暴 呼吁抛弃中共
·中国律师界应全力声援高智晟
·专家剖析高智晟煽动颠覆国家政权案
·抓捕关押高智晟的整个过程都是违法的/郭国汀
·中共迫害高智晟亲人丧心病狂,中共党魁胡锦涛难辞其咎
·绝食维权抗暴日记
·郭国汀 漠视大陆维权是一种自杀行为
·英雄伟人与超人高智晟
·告全体中国律师及法律人书----闻高智晟被秘密绑架感言
·郭国汀: 高智晟遭秘密绑架可能成为中共灭亡的导火索
·给真正的中国女人的公开信
·郭国汀:驳刘荻的非理性投射说
·决不与中共专制暴政同流合污--------第29个全球接力绝食抗暴日记 郭国汀
·一部见证当代中国社会现实的伟大纪实作品--序高智晟《中国民间企业维权第一案》
·郭国汀呼吁国际重视高智晟妻儿的遭遇
·将接力绝食抗暴运动进行至最后胜利
·我为中华律师英雄杨在新喝彩 郭国汀
·郭国汀向老戚致敬
·万众一心,众志成城——全球万人同步绝食抗暴日记 郭国汀
·责令中共当局立即无条件释放兰州大学学生刘西峰!郭国汀
·加拿大著名人权律师ANSLEY支持声援全球绝食抗暴运动的声明
·郭国汀:中国律师应当向高智晟,浦志强律师学习!
***(45)人权研究
***中国人权律师基金会
·郭国汀推荐黄金秋竞选[第三届中国自由文化运动政论奖]推荐函
·郭国汀提名陈泱潮为2009中国自由文化奖之文化成就奖获奖候选人
·郭国汀提名张博树为2009中国自由文化奖之法学奖获奖候选人
·推荐郭国汀先生参选2009年台湾民主人权奖书
·letter of recommendation of Guoting for 2008 Asia Democracy and Human Rights Award
·提名郭國汀律師作為[第三屆亞洲民主與人權獎]候選人的推薦函
·支持郭国汀律师负责组建中国人权律师基金会
·第二届《中国自由文化奖》评奖程序的修改建议
·郭国汀提名张鉴康律师作为第二届自由文化奖之人权奖候选人
·关于提名陈泱潮竞选[中国自由文化运动文化成就奖]推荐函
·推荐郭国汀先生参选第三届「亞洲民主人權獎」推荐书
·Letter of recommendation of Guoting Guo for 2008 The Third Asian Democracy and Human Rights Award
***(46)关注西藏新疆少数民族人权
·解决西藏问题的最佳方案--宪政联邦体制
·中共政权对藏民族所犯下的罪恶
·西藏自古以来属于中国吗?--西藏与中国关系简史
·什么是西藏问题?
·达赖啦嘛论解决西藏问题的原则
·中共宗教灭绝政策的实质是从精神心灵上扼杀藏人
·西藏自古以来属于中国吗?
·西藏问题的实质
·自由法治宪政民主联邦体制是解决西藏问题的最佳方案
·达赖啦嘛最常使用的词汇
·达赖啦嘛的使命与梦想
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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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