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郭国汀律师专栏
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·南郭/清水君是当代中国英雄
·南郭/清水君在狱中受到中共监狱毫无人性的虐待!
***(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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·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)
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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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