fair
The basic categories of ethics and politics. In ethics, it usually refers to what people should do according to certain moral standards, and also refers to a moral evaluation, that is, justice. The word "righteousness" was first seen in Xunzi in China: "There is no learning and no righteousness, and wealth and benefit the people are laity." The concept of justice sprouted from the original concept of equality and formed in the society after the emergence of private property. People in different societies or classes have different interpretations of "justice": Plato, an ancient Greek philosopher, believes that what people should do according to their own level is justice; Christian ethicists believe that it is just that the body should obey the soul. Marxist ethics believes that the objective standard of justice mainly lies in whether its behavior meets the requirements of social development and the interests of the broad masses.
In Chinese, justice is the truth of justice, which is related to fairness, justice, integrity and justice. In western languages, the word "justice" originated from the Latin justitia and evolved from the Latin "jus". Jus is a polysemous word with many meanings such as justice, fairness, honesty, law and rights. "droit" in French, "recht" in German and "diritto" in Italian all have the meanings of justice, law and rights. In English, the word justice means justice, justice, fairness and justice.
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CiHai explained:
Positive judgment on right and wrong, good and evil in politics, law, morality and other fields. As a moral category, it is synonymous with "justice" and mainly refers to the behavior that conforms to certain social moral norms. Whether human behavior conforms to the law of historical development and the fundamental interests of the overwhelming majority of the people is an objective standard to judge whether human behavior conforms to justice.
What is justice? Plato thinks: "Doing one's duty is justice", Urbian thinks: "Justice is the eternal and stable meaning of giving everyone the rights he deserves", and kelsen thinks: "Justice is a subjective value judgment". Scholars have different understandings of this concept. In our concept, justice is fairness and justice. Justice is one of the sources of law, and it is also the pursuit and destination of law.
Since justice is a subjective value judgment, whether a behavior or 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 is attributed to the generation and combination of people, and society plays an important role in the division and distribution of people. Individuals can't get equal status and treatment with others, which is often attributed to social injustice (fairness); And things directly related to people, such as status, qualifications, freedom, etc. , leading people's evaluation. When the most primitive society in ancient times was formed, people began to discuss justice with the distribution of the fruits of primitive labor. As for what kind of behavior and state is justice, different standards, different angles and different positions, their observations and conclusions are often different.
American scholar Rawls put forward two principles of justice. First of all, everyone should have equal rights in the broadest basic freedom system compatible with similar freedom systems owned by others. Secondly, social and economic inequalities should be arranged in order to reasonably expect them (1) to be in everyone's interest; (2) According to the status and position, it is open to all. Rawls also pointed out a more general view of justice, which can be expressed as: "All social values-freedom and opportunity, income and wealth, self-esteem and foundation-should be distributed equally, unless the unequal distribution of one value or all values is in everyone's interest."
It is difficult to liberate the concept of law from justice. In the eyes of the media and ordinary people, the concepts of justice and law are constantly confused. Pure jurisprudence opposes equating law and justice and advocates treating them as two different issues. Personally, I prefer to combine the two concepts and disagree with the too clear distinction between the two concepts. When the law gives up justice, it loses its role in regulating social relations; Similarly, when justice is divorced from the law, it loses its carrier and can only become a "value judgment" with no practical use. I highly admire kelsen's view that justice, as a subjective value judgment, may be rejected by law, but if justice is understood as "legitimacy", then the concept of justice should be included in law.
When people evaluate whether a law meets the standards of justice (legitimacy), they often base on whether the law can adjust social relations to satisfy all members of society. But in fact, it is impossible for a law to meet the needs of every member of society. It can be said that everyone's needs are inconsistent, and the conflict between needs is inevitable. Social relations and social order regulated by just laws can only be recognized and satisfied by most members of society.
What should also be mentioned is the view of absolute justice put forward by the natural law school, which advocates the dualism of law and thinks that law should be divided into positive law and natural law. On the imperfect positive law, there is a perfect and absolutely just natural law. But rational people should know that this absolute justice can't exist, just as the world is knowable and people have unlimited cognitive ability, and the world can never be fully understood. To borrow kelsen's words, "justice is an ideal that human understanding cannot approach."
The law needs to be tested in all aspects. When people seek legal help and punish criminals by law, whether fairness is maintained and justice is done is the criterion of legal justice (legitimacy) and the soil on which law depends. Only when the law is based on justice can the concept of justice be sublimated on the basis of law.
Justice is the premise of the establishment of social system.