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
·郭国汀 好律师与称职的律师
·温柔抗议对郭律师的ID第二次查封
·第五次强烈抗议中国律师网无理非法封杀郭律师的IP
·中国律师网为何封杀中国律师?
·中律网封杀删除最受网友们欢迎的郭国汀律师
·最受欢迎的写手却被中共彻底封杀
·我为何暂时告别中国律师网?
·南郭:律师的文学功底
·中国最需要什么样的律师?
·勇敢地参政议政吧!中国律师们!
·将律师协会办成真正的民间自治组织
·强烈挽留郭国汀律师/小C
·the open letter to Mr.Hu Jintao from Lawyers' Rights Watch Canada for Gao Zhisheng
·自宫与被阉割的中国律师网 /南郭
·做律师首先应当做个堂堂正正的人——南郭与王靓华的论战/南郭
·呵!吉大,我心中永远的痛!
·再答小C君/南郭
·凡跟郭国汀贴者一律入选黑名单!
·历史不容患改!历史专家不敢当,吾喜读中国历史是实
·思想自由的益处答迷风先生
·答迷风先生
·答经纬仪之民族败类之指责,汝不妨教教吾辈汝之哲学呀?
·南郭曾是"天才"但一夜之间被厄杀成蠢才,如今不过是个笨蛋耳!
·答时代精英,
·长歌独行至郭国汀律师公开函
***(53)大学生\知识分子与爱国愤青研究
·春寒料峭,公民兀立(南郭强烈推荐大中学生及留学生和所有关心中国前途的国人精读)
·大中学生及留学生必读:胡锦涛崇尚的古巴政治是什么玩意?!
·是否应彻底否定中华传统文
·向留学生及大中学生推荐一篇好文
·向留学生大学生强烈推荐杰作驳中共政权威权化的谬论
·强烈谴责中共党控教育祸国殃民的罪孽!--闻贺卫方教授失业有感
·學術腐敗是一個國家腐敗病入膏肓的明證
·中共专制暴政长期推行党化奴化教育罪孽深重
·教育国民化、私有化而非政治化党化是改革教育最佳途径之一
·论当代中国大学生和爱国愤青的未来
·给中国大学生留学生及爱国愤青们开书单
·中国知识分子死了!
·强烈推荐大学生与爱国愤青必读最佳论文
·敬请爱国愤青们关注爱国民族英雄郑贻春教授
·敬请海内外爱国愤青兄弟姐妹们关注爱国留学生英雄清水君
·敬请海内外爱国愤青们关注爱国留学生英雄冯正虎
·爱国愤青主要是因为无知
***(54)《郭国汀妙语妙言》郭国汀著
***随笔\散文
·中华文化精华杂谈
·儒家文明导至中国人残忍?!
·儒家不是中共极权专制暴政的根源
·商业文明决定自由宪政民主体制
·关于儒学与中华传统文化之争
·孔子的哲学识见等于零且其思想落后反动?!
·中华文化精华杂谈
·中国人民代表大会体制纯属欺骗国人的摆设
·诚实是人类最大的美德
·人的本质
·圣诞感言
·宽容
·友情
·批评
·物以类聚,人以群分
·中国人难以团结协作的根源何在?
·
·特务
·民运人士需要静心学习思考充实提高自已的理论休养
·诚实是人类最大的美德
· 真理是客观的永恒的不以任何人的主观意志为转移
·马虎学风要不得
·爱与战争及宗教
·为什么说爱才是宇宙的本质?
·最爱我的人去了--哭母亲/郭国汀
·论爱情/郭国汀
·难忘的真情至爱
·初恋
·忠诚的品格
·论幸福/郭国汀
·生命感悟/南郭
·人生 道德 灵魂/南郭
·学者 神 上帝 /南郭
·论英雄
·思想家是真正的王者
·论诗人/郭国汀
·诗论/郭国汀
·人性兽性的证明 南郭
·论嘲讽/南郭
·讽刺与赞美
·南郭点评芦笛
·竞技的由来与意义
·思想言论自由
·精神与物质同性
·自由的含义
·历史的价值
·战争与国家
·自学与真才实学
·欢迎批评批判
·其实我对法官充满了敬意!
·情由可言,难言之隐
[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)接上页博讯www.peacehall.com

   

   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].

[上一页][目前是第2页][下一页]

©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