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郭国汀律师专栏
·Index of Guo’s on Articles and Activity of Human Rights
·rticles written by and about Guo Guoting and International Report links
·Index of Guo’s works and articles on advocating freedom, human rights, democracy
·A Mild Shanghai Lawyer and His Accidental Crusade
·郭国汀从最佳海事律师到人权律师 【人物】
***政治学研究
·政治的基本概念
·正义的学说
·正义的第一原则:政治权力的合法性
·正义概念的进化与发展
·人民反抗暴政的革命权利
·当代世界政治现状
·独裁专权(即威权)与独裁统治及极权暴政
·政治权力的限制与平衡原理
·政治文化与政治
·什么是政治形态
·民主法治及权力
·True meaning of the Republicanism
·Judicial Independence and Canadian Judges
·如何制约流氓暴君下屠杀令扑灭宪政民主大革命?
·关于成立临时或流亡政府我的原则与立场
·公平游戏规则公平竞争是第一价值原则
·中国民主运动要不要遵守公平游戏规则?
·中国民运长期四分五裂的根源何在?
·郭国汀:唯有程序正义才能根治中国民运四分五裂顽症
·民运内部必须是平等尊重基础上充分争论协商妥协式的真诚合作
·自私是否人的本性?
·暴君与暴政
·暴力革命与和平演变的前提与条件
·关于暴力革命答深山质疑
·勇敢地参政议政吧!中国律师们!/郭国汀
·语言风格——关于袁红冰改良还是革命的争论
·就袁红冰之《改良还是革命》与申先生的论战/郭国汀
·英雄人格哲学—袁红冰《自由在落日中》读后
·划时代的政论——简评袁红冰《改良,还是革命?》
·为什么袁红冰之《改良,还是革命?》是划时代的政论?
·再论政治案低调消音妥协辩护论的严重危害性
·再论政治案件低调消音妥协辩护论的危害性引起争论
·政治案辩护律师的最佳策略
·驳政治肮脏论
·文字狱与极权专制体制
·暴政与人种的优劣/新南郭
·虚伪是极权专制的必然付产品
·极权专制政体与思想家
·最暴虐无道的政府!/南郭
·郭国汀:歌功颂德或批评批判?
·判断一个政权合法性的公认标准
·判断政府合法性的普世公认标准 郭国汀
·中国律师理所应当关心政治 郭国汀
·政治体制的根本问题
·中国的前途在于专制改良还是政治民主革命?
·西方现代政治民主的基本要件
·郭国汀: 政府无权杀人!
·政府绝对无权武力镇压(屠杀)和平集会示威游行或罢工的公民
·国民有权推翻暴力镇压(屠杀)和平抗议民众的任何政府
·中国历史上不存在极权
·民主政治的终极目标是自由——答尼采黄昏君的质疑/南郭
·极权专制独裁者与知识分子
·与网友谈论民主政治与政权合法性
·政府不得滥杀和平请愿公民的最新国际公约
·中共极权专制暴政祸国殃民绝对乏善可陈
·郭律师评价中国律师诉讼及司法体制现状
***(40)宪政研究
·什么是宪政?
·什么是共和?
·宪政的实质
·分權制衡理論的历史淵源
·中国自由文化运动与宪政研究
·The Arguments For and Against the Notwithstanding Clause
·Freedom is not free but it is costly
·宪法改革的设想 南郭提要
·联邦共和民主宪政体制是美国经久强盛不衰的原因
·党化党控教育是中共祸国殃民的一大罪恶
·立宪时代的法政哲学思考提要
·有限政府与法治宪政
·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
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   SocratessaysThis is not the definition of justice, to speak thetruth, and to give back whatever one has received.’(I 330b) Polemarchos says ‘gives back benefits to friends and hurts to enemies’.(I.331e)He interpret the dictum as meaningthat one should benefit one’s friends and harmone’s enemy: the merit or desert concept of justice: return good for good and evil for evil: that iswhat is due. Thrasymachos says ‘Ideclare justice is nothing but the advantage of thestronger’.(I.337c) a similarpoint more elaborated made by Callicles inthe Gorgias, he argues that nature justice is theright of the strongman and the legal justice is merely the barrier which themultitude of weaklings puts up to save itself.[29]

   

   In AncientGreeks, expressions of practical wisdom in the poets cited asauthoritative; in Oresteia: we learn by suffering;what you do shall be done to you; in one of thepoets: justice is ‘randering to everyman hisdue’. Which become definition of justice in Roman Law; Justice is rendering to each man what is his (whatbelongs to him, is due to him).

   

   Plato defined justiceas “giving to every men his due”. Forwhat is the due to him, is that he should be treated as what he is, in thelight of his capacities and his training, while what is due from him is thehonest performance of those tasks which the place accorded him requires[30].Platoargued that The Guardians need the virtue of Wisdom to carry out soundly theirfunction of governing; the auxiliaries needthe virtue of courage for the specificfunction of maintaining security and order; all three classes need the virtue of temperance to accept their experienceroles; the virtues of justice is the balance or harmony of each class performing its proper role. [31] Platoasserted that The just city must reduce the opportunity for selfish errors. Sorulers not allow have any private property, wife, children. Just means doingfor common, not individual, advantage, those most devoted to the common goodare most worthy of respect.[32] InGorgias, Plato’s theory of justice observed that ‘ naturehimself intimates that it is just for the better to have more than the worse,the stronger than the weaker, and in many way she shows that among man as wellas among animals justice consists in the superior ruling over and having morethan the inferior’. [33] Plato was not considering any altruistic virtue such as kindness,sympathy, benevolence, generosity, but only what natural indicates to bethe essential condition of successful association. In laws, Plato to the notion of justice ‘gives to the greatermore, and to the inferior less, and in proportion to the nature of each;greater honor always to the greater virtue, and to the less less; and to eitherin proportion to their respective measure of virtue and eduction, and this isjustice. [34]Blitz commentson Plato that Honesty might lead to bad results; justice depends on knowingwhat is good. To procure any good one would prefer an expert to a just man,justice seems useless. Honesty, law-abidingness, good character, morality, in aword, justice is seeing or doing what is good as awhole; [35]becausejustice is the heart of a good political community,to explore it is to explore the merits of different forms of government.The justice of the whole is that each minds or does only his own job. The bestpolitical community is the just one, where each, and especially the rulers,enjoys the virtue or combinations of virtues, the moderation, courage, andwisdom, to act well. [36]

   

   Aristotle terselydefined justice as ‘that virtue of the soul which is distributive according todesert’. He declared that

   “politicalscience is the most excellent of all the arts and sciences, and the end soughtfor in political science is the greater good for men,which is justice, for justice is the interest of all.” He said that justice in treatingequals equally and unequal unequally, but in proportion to their relevantdifferences. One more familiar quotation on this theme by Aristotle: “God, then, as the old stonyhas it, holding the beginning and the end and the middle of all things thatexist, Proceeding by a straight path in the course of nature, brings them toaccomplishment; with him ever follow justice, the avenger of all that fallshort of the divine law-justice, in whom may he that is to be happy be from thefirst a blessed and happy partaker.[37] The essence of law is justice, which all existinglaws should endeavour to embody as perfectly as possible ,‘ justice is the most excellent of virtues… more gloriousthan either the evening or Moring star.’ Aristotle said in Ethics BookV.Since Aristotle time, that justice involves suppression of the arbitrarydestination. ‘ the core of justice I talk to be the exclusion of arbitrages.’[38]

   

   Right-wing political parties tent tostress the merit conception, while left-wingpolitical parties stress the equality conception. Aristotle gave a (weak) argument forrejecting the equalitarian conception ofdistributive justice. John Rawlsingenious argument for acceptation equality needsconception and has added a less impressive argument for rejecting the merit conception[39].

   

   Glauconregardsthe system of law and government as the result of social contract made in orderto avoid the worse alternative of being oppressed by tyrannical regime. Heasserts ‘all man believe in their hearts that injustice is far more profitableto the individual than justice. [40]The injustice man has a reputation for justice. For if a man is merely just butnot also thought just, he gain nothing. Man have historically praised justiceand condemned injustice only because of their consequences.[41] Glaucon says I know ‘most people thinkjustice is and whence it comes; all who practise it practise unwillingly, as anecessary thing but not

   as a good; forthe life of the unjust is much better than the life of the just.’(II.357a) ‘Ihave never heard any account of justice such as I want to show it is betterthan injustice’.(II.357b) ‘to be unjust is good, and to suffer injustice isbad, and the excess of evil in suffering injustice is greater than the excessof good in being unjust;’.(II.357b) ‘down to present generation of men, not oneof you has ever praised justice or dispraised injustice except in terms of thereputations and honours and gifts which come from them.’(II.366a) ‘ no one hasshown that injustice is the worst evil that the soul has in itself, and justicethe greatest good.’(II.366b)

   

   Epicureans and Sophists,with theory of the nature of virtue, maintained that justicewas merely a name for such convention among men as they should adjudgebest for their own utility and happiness.[42] Thisis the earliest social contract. Greekphilosopher Carneades ( 2 B.C.) argued that the orthodox view of justice,assumed and demonstrate that justice was not avirtue at all, as virtue was defined by the philosophers, but was merely a convention; was what men shouldagree to be a sound basis for the maintain of civil society, and hence that it varied with times places, circumstances and even opinions.[43]Sophists put it morality is man-made convention. The result of separating the‘ought’ from the ‘is’.

   

   Chrysippus who excelledin logic, the theory of knowledge, ethic, and physics said: you cannot find any other beginning of justice than thatfrom Zeus and from common nature; for from this source all such must have itsbeginning, if we are to take any ground on boons and evils. [44]

   

   The famous passage from Hesiod:

   “ the better path to go by on the other side towards Justice; forJustice beats outrage when she comes at length to the end of the race. But onlywhen he has suffered, does the fool learn this. For oath keeps pace with wrongjudgement. There is noise when justice is being dragged in the way where thosewho devour bribes and give sentence with crooked judgements take...they whogive straight judgements to strangers and to the man of the land, and thepeople prosper in it... neither famine nor disasterever haunt men who do true justice; but light heartedly they tend thefields which are all their care[45].

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