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The basic categories of ethics and politics. in
ethics
In, usually refers to people press a certain
Moral standard
What ought to be done is also a kind of
Moral evaluation
That is, justice.
The word "justice" was first found in the book "Justice" in China.
Xunzi
"No learning, no justice, rich for long, is also a layman." The concept of justice originated from primitive people's view of equality and was formed in the society after the emergence of private property.
People of different societies or classes have different interpretations of "justice" :
Ancient Greek philosophers
Plato
That people do what they ought to do according to their rank is justice; Christian ethicists believe that the submission of the body to the soul is justice. On the whole, the majority view is that fairness is justice. Simply put, the same people are treated the same.
- Chinese name
- justice
- Foreign name
- Justice
- subject
- Ethics, Politics
Humanism advocates fraternity, equality and freedom, of which fraternity equality is the embodiment of justice.
The people, nation and country are equal and have equal rights.
The three People's Principles
Although it is not truth, it is the embodiment of justice and the only way for the evolution of truth.
First of all, from
Natural philosophy
From a perspective, the so-called universal justice principle is customary
Be regarded as
The proposition of natural philosophy that all things, or all beings, arise from and return to their place. When all things in the universe are born and die, birth and death, it is the first principle (or cosmic justice) that dominates or governs behind the diversity of all things in motion. From it all things arise, and shall return to it, according to it
inevitability
; For in the course of time they will be punished and judged for them.
Secondly, from
Political philosophy
From a point of view, the principle indicates that the more fully the individual (individual) realizes universal necessity in his own existence, the more precisely he adheres to the sphere of existence defined for him by the whole, the more he thereby changes the fate of the individual. And implicit in the discourse on the necessity of the world (the law of justice) and the existence of the individual is a question of vital importance to the emerging state order: how the actual individual treats the norms, laws, and traditional laws of the universally valid State.
Finally, from an ethical point of view, cosmic justice means divine law, natural law, or
Rational approach
This kind of justice is not only justice in the sense of positive law, but "the law of heaven valued by God" which is higher than positive law and gives positive law legitimacy, and it is manifested in some aspects in content
universality
The moral law. There have been many different understandings about the meaning of natural law in the history of human cognition. But it usually refers to the collection of fundamental and ultimate principles of justice in the universal order itself, which is the basis of all designated legal systems. The idea of natural law originated in Greece and was formed in
Ancient Rome
It's ancient Roman."
Jus gentium
The birth of "natural law." The Western word for "nature"
Latin
natura originally referred to the physical universe, meaning movement, force, fire, water, moisture, reproduction, and so on. "Nature" in its simplest and most ancient sense is the physical universe as expressed as a principle. Thereafter, the later Greek schools returned to the path lost by the greatest Greek intellectuals at that time, in the concept of "nature", in
Material world
Add a moral world, and this "moral world" is "living according to nature." Medieval ecclesiastical law scholars used to make natural law consistent with God's law, but some scholars emphasized God's reason in natural law, while others emphasized God's will. In modern times, according to the ethics of natural law, in a sense, dominates
Human behavior
the
Code of ethics
Derived from the natural nature of man or harmonious universal truth; And according to natural law
Legal theory
The authority of legal rules derives at least in part from consideration of the moral advantages of those rules.
In Chinese, justice is the truth of justice, which is associated with fairness, justice, integrity and righteousness. In Western languages, the word "justice" comes from
Latin
jus
titia, from Latin jus. "jus" is a multi-meaning word with many meanings, such as justice, fairness, integrity, law, and rights.
French
"In"
droit
",
German language
"recht" and "diritto" in Italian have the meaning of justice, law and right. In English,
justice
The word has the meaning of justice, just, fair, just and so on.
Made against right and wrong, good and evil in the political, legal, moral and other fields
Affirmative judgment
. Act as
Moral category
", is synonymous with "justice", mainly refers to conform to a certain
Social moral norm
To see if everyone gets their due rights and fulfills their due obligations.
Plato
Since justice is a subjective value judgment, whether an action or a state is just involves three elements: people, society and things directly related to people. Man is the subject of justice reflection and evaluation; The formation of society belongs to the generation and combination of people, and the society plays an important role in the division of labor and distribution of people. The lack of equal status and treatment between individuals and others is often attributed to social injustice (fairness). And the things directly related to people, such as status, qualification, freedom, etc., their merits and demurs dominate people's evaluation. In ancient times, when the most primitive societies were formed, there were primitive
Fruits of labor
People began to talk about justice. As to what kind of behavior and state is just, with different standards, angles and standing on different positions, its observation and conclusion are often different. So justice is an act of maintaining some kind of order. This behavior can be someone's thinking, it can be someone's action, or it can be some kind of stated criterion.
Rolls
It is difficult to detach the idea of law from justice. In the eyes of the media and people in general, justice and
Concept of law
Constantly being cross-referenced, and
Pure jurisprudence
It is opposed to treating law and justice as two different issues. Personally, I prefer to blend the two, and I don't agree with the concept of too clear a distinction. When law abandons justice, it loses its function of regulating social relations. In the same way, when justice is separated from law, it loses its carrier and can only become"
Value judgment
", no practical use. I highly recommend
Kelsen
The view that justice as a subjective value judgment may be
Legal science
But if justice is understood as"
legitimacy
Then the concept of justice should be included in legal science.
When people evaluate whether a law meets the standard of justice (legitimacy), it is often based on whether the law can adjust social relations to all
Member of society
But in fact, it is impossible to exist a law that can meet the needs of every member of society. It can be said that the needs of everyone are inconsistent, and conflicts between needs are inevitable.
Social order
What can be achieved is the approval and satisfaction of the majority of the members of society.
It should also be mentioned that
Natural law school
The concept of absolute justice,
Natural law
School of law
dualism
The law should be divided into
Positive law
And natural law, on top of the imperfect positive law, there exists perfect and absolutely just natural law. But the rational man should know that such absolute justice is impossible, just as the world is knowable and man is infinite
Cognitive ability
And the world can never be fully understood, to borrow Kelson's words "justice is an ideal that no one's knowledge can approach."
Legal need
The test for those on the receiving end is whether fairness is upheld and justice is upheld when people seek legal help and when the law punishes criminals
Sense of justice
Determined (legal)
staff
It is also the soil for the survival of law. Only when the law is based on justice, can the concept of justice be sublimated on the basis of law.
According to Marx, justice is subordinate to
Moral category
And therefore belong to
superstructure
The field is existing
Economic relations
The nature and content of the manifestation of idealized sanctification depend on the material basis of a certain society. At the same time, justice is a
Historical category
Justice varies from time to time, place to place, and from person to person, with historical, concrete,
relativity
Characterized by no eternal justice, justice is
Ought to
The concept of unity between nature and reality
.
[2]
Marx will be just
Ultimate concern
Set to achieve human freedom
All-round development
.
[2]
According to Marx, it is overthrown by proletarian revolution
capitalism
System, establishment
Communist society
Overcome the paradox of freedom and equality, and pursue the complete liberation of all mankind
Association of free persons
Of justice, yes
Human society
True justice
.
[2]
(1) The concept of justice
The justice is...
Human society
It is generally believed that the noble value means having
impartiality
,
rationality
Views, actions, activities, ideas, institutions, etc. Justice is a relative concept, and different societies and classes have different views of justice. The objective criterion to measure justice is whether the views, behaviors and thoughts of justice promote social progress and conform to it
Social development
The law of whether to meet the needs of the greatest interests of the vast majority of people in society. The lowest content of justice is that justice requires distribution
Social interest
And undertake
Social obligation
Not arbitrary, to follow certain norms and standards; righteous
universality
It requires equality or quantitative equality according to certain standards, or equality according to the contribution of people or equality according to status, and the distribution of social benefits and obligations; Those who distribute social benefits and obligations must maintain a certain neutrality. In short, justice is behavior that demonstrates conformity with fact, law, reason, or some accepted standard.
(2) Classification of justice
According to the criteria of the different fields involved in justice, justice can be divided into institutional justice,
Formal justice
and
Procedural justice
. Institutional justice index
Social system
The justice, specifically means
Social wealth
Whether the distribution of resources, responsibilities and obligations is fair and just. Formal justice is right
Legal system
It does not matter whether the legal system itself conforms to justice, it emphasizes the consistent realization of the legal system. Procedural justice refers to the concrete steps and methods to ensure the realization of institutional justice and formal justice. Make just laws. They should be just
Legislative procedure
, too, guaranteed
Judicial justice
And there must be justice
Judicial procedure
.
(3) Law and justice
Law and justice are interrelated and promote each other, and justice plays a certain role in promoting the development of law. Justice, as the highest goal pursued by law, is to serve as distinction
Good law
Evil law
The standard has always been the spirit of legal evolution
Driving force
. At the same time, the law is also an important means to achieve justice, the minimum requirement of justice is to limit arbitrary violence. Laws used by the state are mandatory and protected
Social subject
The legitimate interests shall be punished by adjudication of disputes
injustice
the
Illegal act
In order to achieve
Social justice
.
Justice is the precondition for the establishment of social system.
The role of justice
- 1.
Justice ensures the safety of people's lives and property, enables them to survive and develop, and promotes social progress;
- 2.
The system of justice provides support and guarantee for people to cooperate fairly;
- 3.
Justice avoids serious social differentiation through institutional regulation, which is conducive to the healthy and sustainable development of society. [1]
