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郭国汀律师专栏
·只有新闻自由能治官员腐败之顽症
·郭国汀 唯有思想言论舆论新闻出版结社教育讲学演讲的真正自由才能救中国!
·中国争人权、言论表达自由权的先驱者与英雄名录
·中国政治言论自由的真实现状-我的亲身经历(英文)
·郭国汀论政治言论自由:限制与煽动罪(英文)
·郭国汀论出版自由——声援支持《民间》及主编翟明磊
·郭国汀 美國言論自由发展簡史 [1]
·美国的学述自由:Academic Freedom in the USA
·祝愿祖国早日实现真正的自由!新年祝福
·向中国良知记者致敬!
·丹麥主流社會召開中國言論自由研討會
·中共倒行逆施,严控国际媒体报导中国新闻
·关于思想自由与中律网友的对话 /南郭
·性、言论自由、自由战士
·性、言论自由,自由战士与中律网友们的讨论/南郭
·自由之我见
·不自由勿宁死!
·自由万岁!----我为“新青年学会四君子”及“不锈钢老鼠”辩护
·真正的民主自由政体是中国唯一的选择
·自由万岁!新年好!
·三论思想自由
·为自由而战,为正义事业献身,死得其所无尚光荣
·言论自由受到了严重威胁
·思想自由的哲学基础/郭国汀
·冲破精神思想的牢狱--自由要义/郭国汀
·我们为什么要争言论自由权?/南郭
***(38)思想自由与宗教信仰自由
·郭国汀论宗教信仰
·神学与哲学的异同
·宗教的思索
·爱因斯坦信犹太教和贵格教也信上帝
·信神是愚昧吗?!基督教义反人性吗?!谁在大规模屠杀婴儿?!
·爱因斯坦宗教信仰上帝相关言论选译
·爱因斯坦宗教上帝相关言论第二集
· 爱因斯坦原信的准确译法
·大哲大师大思想家大政治家论宗教上帝
·哲学家的前提与基础
·宗教是统治阶级麻醉人民的鸦片吗?
·为什么说爱才是宇宙的本质?
·宗教起源的根源何在?
·圣父圣子圣灵三位一体论的由来
·人民圣殿教真相
·质疑东海一枭良知大法兼驳良知宇宙本体论
·自然科学与宗教哲学灵魂
·读东海兄批判美国神话有感
·郭国汀为上帝信仰辩护
·驳东海之糊涂上帝观
·四海之内皆兄弟人类本是一家人
·推荐陈尔晋先生之《圣灵福音》
·质疑东海君之《良知大法》
·祝愿祖国早日实现真正的自由!
·关于司法公正的讨论郭国汀律师在北大法律信息网上发表了非常危险的错误观点应该予以驳斥!
·中共当局封杀言论为那般?
·六四的记忆
·谈中华文化与道德重建(四)
·中国百年最伟大的文字!
·郭国汀:为刘荻女英雄辩护吾当仁不让!
·只有思想言论出版新闻舆论的真正自由能够救中国!
·只有说真话的民族才有前途
·一个能思想的人才是力量无边的人/南郭
·思想之可贵在于其独立性
·独立思想是最美的
·思想的高度统一是人类社会之大敌
·统一思想之谬误由来已久矣/南郭
·我的心里话--有感于杜导斌先生被捕
***中共专制暴政政治迫害郭国汀律师实录
·郭国汀律师遭遇黑色元宵节
·中共对我的八次政治迫害--在温哥华告别恐惧讨共诉苦座谈会上的发言(上)
·中共暴政对我的八次政治迫害(中)
·中共暴政对我的八次政治迫害(下)
·If You Really Want Control Lock up Their Lawyers
·Anti-communist sentiments landed Chinese lawyer in an asylum
·我的思想认识与保证/郭国汀
·郭国汀律师的[悔罪][悔过]与[乞求]
·郭国汀因言论“违宪”行政处罚听证案代理词
·我推崇的浦志强大律师/郭国汀
·我被中共当局非法剥夺执业资格的真实原因
***(24)《共产主义黑皮书》郭国汀编译
·共产党皆变成杀人犯罪团伙的历史与理论分析
·朝鲜的罪恶与恐怖和秘密:共产党暴政罪恶批判系列之一
·古巴共产极权政权的罪恶:共产党暴政罪恶批判之二
·越南共产党暴政罪恶昭彰:共产党极权暴政罪恶实录之三
·中欧和东南欧共产党暴政的深重罪孽: 共产党极权暴政罪恶批判之四
·埃塞俄比亚共产党政权的罪孽: 共产党政权罪恶实录之五
·安哥拉和莫桑比克共产党政权的血腥暴力:共产党政权罪恶实录之六
·阿富汉共产党暴政罪大恶极:共产党极权暴政罪恶实录之七
·尼加拉瓜共产党政权的罪孽:共产党暴政罪恶实录之八
·秘鲁共产党的血腥残暴:共产党暴政罪恶实录之九
·虐杀成性的柬普寨共产党暴政:共产党暴政罪恶实录评论系列之十
·波兰共产党政权的罪孽:共产党暴政罪恶实录系列评论之十一
·苏联共产党暴政的滔天罪行:共产党暴政罪恶实录系列评论之十二
·中国共产党极权流氓暴政的滔天罪孽:共产党暴政罪恶实录系列评论之十三
·论共产党极权暴政的归宿-- 2010年全球支持中國和亞洲民主化斯特拉斯堡大會专稿
·金正日真面目
·韩战真相
***(25)《苏联东欧天鹅绒革命》郭国汀编译
·东欧天鹅绒革命导论
·苏联政治民主革命:共产党国极权暴政崩溃原因分析系列评论之一
·罗马尼亚暴力革命:共产党国极权暴政崩溃原因分析系列评论之二
·匈牙利静悄的革命:共产党国极权暴政崩溃原因分析之三
·捷克戏剧性革命:共产党国极权暴政崩溃原因分析之四
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什么是我们为之奋斗牺牲的正义和自由?

What is the Justice we are fighting for?

   ThomasG.GUo

   Socrates,the most wisdom man in ancient Athens, recognized that he know nothing ofjustice at all, he says ‘what is justice, whether it isvice and ignorance, or wisdom and virtue; that injustice is more profitablethan justice, I simply could not help it. That I know nothing at all! When Idon’t even know what justice is, I shall hardly know whether it is really avirtue or not, and whether one who has it is happy or not happy.’[1] I am one of the first Chinese human rights lawyers who arefighting for justice and lost his law license, ironically until I was forcedinto exiled I do not know what is Justice either; However, after read throughRawls’ A Theory of Justice and Justice as Fairness carefully, I still feel puzzlewhat is justice? In order to make sure what is justice, I read further and findthat majority Chinese, including myself, do not know what is justice.

   Justice is existence fromthe beginning. It is prior to the appearance of the political state. Thedisasters that will overtake us if we transgress the law of nature.[2]Justice is the bond of which holds asociety together, a harmonious unionof individuals, each of whom has found his life-work in accordance with hisnatural fitness and his training.[3] 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 andwomen, as individuals 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.[4]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[5].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. [6]

   Since laws are make and administeredby human beings perfected is impossible. Laws are imperfect, nor are judges andmagistrates infallible.[7]Injustice, always evil, is surely more horrifying when it pretends as justice,and is committed by the very courts that exist to provide justice[8]. An old English judge “ injustice cuts to the bone”;thus, “ It is better that a dozen guilty should escape then that one innocentshould be convicted.” However, in practice, many rulers in dictatorship regimeimplement the contrary principle: they would rather kill ten thousand innocentnot allow a simple guilty escape. Among the moral virtues, at any rate, justice is the Queen. Truthis the foundation of justice, goodness isits end, and beauty constitutes itsessential quality. The justice of a law or a judgement depends uponwhether it is based on truth, whether it is directed toward the good life, andwhether its disposition is fittingly adapted to the end.[9] The acquisition of knowledge is thus an obligation, aresponsibility, indivisibly linked to the administration of justice.[10]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;[11]although judge is not necessity one deeply learned in the law, rather rich inknowledge generally. [12]

   Since Justice meansmaintenance of right, we must consider the problem of rights. If we render to anotherfull right we do harmful justice, and that if ourselves are deprived of anyright we suffer injustice. What is his or our right is thus the realquestions.[13]‘Only the conduct of men in their relations toother’s that can predicate justice or injustice, one’s conduct may havegood or evil result to himself, affects none others, then it is neither justnor unjust.’ [14]

   “Justiceis the first virtue of social institutions, as truth is of systems of thought.Rawls announced that Justice is happiness according to virtue.[15] If justice be the greatest good, then injustice must be thegreatest evil.[16]Society as a whole is liable to error in respect of justice. Justice can be enforced only by law;For Mankind has a moral nature;[17]desireto do what is right and just simply because it is right and just, the desire todo what is right because doing this increases human happiness, or because ittends to promote equality. [18]

   Truth is single. There are no different kinds of truth. The truth is to bediscovered, but created, it will be a sure guild in life. Justice ranks next to truth have been the generaljudgement of mankind; it has engaged the thought and fired the imagination ofthe greater mind, such as Plato, Aristotle, Cecero…Rawls. [19] Thereis a close link between truth and justice. Whether truth is absolute or onlyrelative has been the most actively discussed topic in the field of philosophy.[20]

   Justice is traditionally personifiedas a goddess. She is blind and armed with a sword, as well as the pairof scales, which symbolism impartiality and force. [21] Impartialitygives equal treatment to equals and unequal alike. Emphasis on equality inconnection with justice began with Aristotle.

   Initially the idea of justice consisted of twoelements, the requital of deserted the practice impartiality, later the third element,the relief of need, which is a strong moralobligation, but still not universally accepted.[22] The true basic Virtues never become out worn. Justice cannot be the monopoly of any nation, group, orindividual, as equity was introduced to modify the harshness of law, so Mercyhas been born in the human heart to mitigate the unyielding quality of justice[23]. Inthe law the concept of justice isdistinguished from equity, which is prettywell synonymous with fairness. Justice setsout rigid rules and can be qualified by equity. Equity is not rigid, it ismalleable can be adjusted to special circumstances.

   As Professor Neilsonpoint out that “Justice is the law of Providence inherent in nature;” [24] Justice comes from the creator. Those who scorn the idea of natural law or naturalright, they deny justice. Justice is fromthe beginning. It is prior to the appearance of the political state. Thedisasters will overtake us if we transgress the law of nature.[25]Before the close of the 5 century, philosophyconceived nature as a law of justice and right inherent in human beings and inthe world. Other philosophy conceived nature-non morally, and asmanifested in human being it was self-assertion or egoism, the desire forpleasure or for power.[26] RomanJurist Ulpian urged that students oflaw should also be students of Justice. [27]Since all communist regime are material atheism that deny natural law, justiceis impossible survive in such regimes.

   ‘The rendering to eachperson of what is his’; Is Roman law’s principle of justice for setting disputein civil law. Emery put it that To secure justice those possessinggovernment powers should be restrained fromany acts infringing those liberties and rights; for justiceis the equilibrium of restrain freedom and liberty. [28]Justice is the central political question. Socratesbelievesthat justice and virtue generally has to do with knowledge and bring happiness,but not elaborated or really convincing. 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.”[29]Hemakes ‘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. [30]Aristotle quite a line from the portTheogins which said that ‘ all virtues is containedin Justice .’ Justice is an act that tries to make things right. Justice was seen as fulfilling thedemands and obligations of the relationship and, when there was a breach,attempting to make things right, healing the harm and finding solutions thatwould restore the well-being, or shalom, of the relationship.[31]

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