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***(一)郭国汀律师为清水君抗辩
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·清水君案江苏高院驳回上诉维持原判
·中共伪法官评黄金秋颠覆国家政权案
·郭国汀律师清水君颠覆国家政权案研究
·郭国汀归纳清水君思想论点主旨言论集
·郭国汀就黄金秋颠覆国家政权上诉案致江苏省高级法院院长函
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·赠黑眼睛等诸友
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·南郭/中国人决不能忘记清水君!
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***(二)郭国汀律师为法轮功抗辩
***(1)中共极权暴政的最新反人类罪:活体盗卖法轮功学员人体器官专栏
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·郭国汀:苏家屯事件是真实的
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·西方媒体首次报导苏家屯事件!
·中共活割法轮功学员人体器官主调查人DADID Matas 获Tarnopolsky 2007年人权奖(英文)
***(2)郭国汀律师为法轮功强力抗辩
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·诉江泽民案美国依据国际法的义务:是对公共安全的危胁还是种族灭绝?
·值得中国律师学习的起诉书: 诉江泽民\李岚清\罗干\刘京\王茂林损害赔偿两千万加元
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·为争取信仰自由权已绝食抗争七百八十天的瞿延来.
·百无一用是中国律师
·答三项基本原则
·中共必须立即停止镇压法轮功
·我为什么为法轮功辩护? 郭国汀
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·中共滥用教制度镇压法轮功的法理解析
·当代中国的盖世太宝[610办公室]研究(英文)
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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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