北美作业代写：Western concept of justice

下面为大家整理一篇优秀的paper代写范文- Western concept of justice，供大家参考学习，这篇论文讨论了西方正义概念。正义概念是政治合法性的理论基点，也是西方伦理学探索的永恒主题。西方的正义观念并非一成不变，而是随着西方文化的发展不断改变形态。追溯西方正义思想的历史轨迹，大致可以发现三个具有代表性的基本维度：古希腊的德性正义观、中世纪的神学正义观和现当代的理性正义观。

If any ruler wants to be recognized by the public after taking power, he must face the problem of seeking the legitimacy of his political system. The appeal of political legitimacy cannot be separated from the interpretation of justice. Political justice is a theoretical system that enables people to identify with the existing social system. Greek philosophy as the spiritual source of western culture, expressed the people to the eternal pursuit of justice, of personal virtue, punishment for evil behavior, and the justice as to distinguish the civilization and savage. Therefore, justice becomes the focus of Greek political philosophy and moral philosophy. From the greeks in the worship of the goddess DE moment as you can see, the god of justice is god, the god of the west's most admired her eyes blindfolded black cloth, skill of balance, one hand holding a sword, the symbol of impartial judge right and wrong, good and evil of the world, become eternal embodiment of law and order. This shows that in the eyes of the ancient greeks, justice is not only with the public power to maintain the order of all things in the world, but also connected with moral law, which is the inevitable result of the role of moral law. However, the concept of justice in the context of Greek mythology does not get rid of the domination of destiny, which easily leads to the contradiction and conflict of the concept of justice.

In the historical period of extremely low productivity, human cognition was dominated by divine factors. The so-called divinity is the unique attribute and ability of god. It is the result of the deification of one's own attributes and abilities. From the perspective of theistic religion, the interpretation of divinity shows the characteristics of a religious belief. On the one hand, human nature and divinity are heterogeneous and belong to two worlds. On the other hand, divinity has an essential connection with human nature. Man is god's "fallen angel", and man can be saved through god. This dual relationship between man and god causes man to stop limiting his essence to the moral realm or the natural state in theological care, but to put himself in a relationship of redemption. In this way, the ancient justice of man was replaced by the justice of god. It was impossible for man to establish his own foundation of justice. West the fate of the gods, east view of destiny by the glory of the divine, the long middle ages is to recognize the divinity of generalization and sublimation, across the world become the target of worldly life, and nature is god created out of nothing, is low-level, evil, man's inner life to communicate directly with god, completely canceled the natural mediation. One good turn deserves another justice became the social life, the circulation of the concept of factors such as what goes around comes around, and associated with authority idea, because of the presence of social justice and implementation must have the authority to participate in. Justice before the political society, the unjust and implementation depends on the fate or the authority of the natural law, political society, the presence of justice and realization depends on is the public political power of the society.

Christian theocracy is the dominant value norm in the middle ages. It replaced the political justice theory in ancient Greece and Rome with a new justice theory. Christianity brought religion and philosophy into an unprecedented integration. Philosophy not only had the characteristics of divinity, but also became fully theologized. It changed the humanism of ancient Greece into theocracy. Is the earliest Anselm the ontological argument for the existence of god, then the ? Thomas Aquinas to five proof of the existence of god. Although Christian philosophy has different forms of expression and theoretical system in its evolution, there is a common and most fundamental cornerstone that demonstrates that god is the ultimate cause of the universe. It is the highest standard of all the rules of conduct of earthly life. On the basis of legitimacy supported by ancient social politics, moral ethics has lost its original significance in the face of theocracy. If the ancient society is the moral logic to solve the problem of justice, so the Christian is from divine logic to solve this problem, virtue is no longer the root of the problem, the divine is the ultimate reason. Apply this divine logic in the field of social and political law, the growth of the relationship between political system and legal authority is logically produced major change, theocratic replace the ancient political virtue, become the social life of the spindle. God's salvation to humanity has transcendent justice through Jesus. Everything from augustine to Aquinas has been re-examined in the name of god. In their case, justice is the result of logical religious deduction. Human justice can only be achieved through the grace of god, which is an absolute theistic view. Under god's justice, moral and ethical only give meaning to the limitation, it's not like ancient societies in the position of the supremacy of human nature, moral good and evil is no longer become the ultimate purpose of human life. Augustine believes that people across the world belongs to the holy kingdom, as a eternal justice standards, and derived from the absolute command and free will of god, so is the premise of justice first believe in god. Augustine in the "city of god" made clear that people are citizens of the two cities, one is the reality of the world, the other one is the other shore of the kingdom of heaven, human nature is twofold, therefore, his body belongs to the earth, and his soul belongs to the kingdom of heaven, human existence is a bridge across the world has been formed, however, from this point of view, the ancient virtue ethics and political philosophy in the view of Christian theocracy under the pale, they can't solve the problem of the ultimate concern of human society faces, more can't provide a sacred eternal justice. Ancient political virtue, such as those established by Aristotle's virtue theory can only regulate people's secular life, solve the problem of people within the scope of the experience of right and wrong, good and evil, and cannot solve the people in the transcendental vision of justice problem. Therefore, man needs a higher spiritual support, which is the law and authority of god.

Sanctity is a basic dimension to understand the medieval concept of justice. Established by Christian theology of justice is essentially a kind of save justice, it needs new laws to regulate the man of god, the relationship between the new law is only a kind of eternal god's law, established only the divine law, the relevant law of people might exist. In this way, divine law replaced human law in Greece and Rome as the highest law in the Christian world. The law of god appeared in the old testament as the ten commandments of Moses, in which faith in god became the most fundamental law. Medieval Christian theology of the most representative thinkers ? Thomas Aquinas by Aristotle's philosophical interpretation of a new political justice, he thought the man as a rational social animals, only can live a happy life in society, and justice is the human must have the virtue, to realize this aim is to adjust the relationship between the people of the principle. Only justice can lead people to devote themselves to public welfare. All virtues can be included in the scope of justice. Equality is the main content of justice. He divided law into eternal law, natural law, divine law and human law according to the rank of effectiveness. Eternal law represents the reason, wisdom and will of god, and is the source of all things that dominate the universe. Natural law is the rational command by which god rules over man and guides him to the best of good. Divine law, the bible, is the embodiment and supplement of abstract natural law. The law of man is the law made by the monarch, including the law of the citizen and the law of all people. Although the eternal law supreme, but humans can't get it directly, only through natural law involved, and the method and might not have been no error, therefore, only perfect divine law, it can make people get added, make the person's motivation and behavior are suitable for moral norms. ? Thomas Aquinas believed that countries have a fairly dominant legal powers and functions of social life. But the law of the state must not be contrary to the law of god, the law of nature, and the law of eternity; otherwise, it is an unjust law. ? Thomas Aquinas is by constructing method of hierarchical pyramid, give justice to the church's coat and supreme power. "Divine justice rules the universe as public law rules every city." The divine law thus becomes the highest standard of human justice. Therefore, the theological view of justice is the result of transcendental logical religious inference. This divine justice can only be achieved by the help of god's grace to the faithful, and it cannot be found in the secular community.

In ancient Greece and the middle ages, people just from the ultimate natural or god to find the source of justice, justice, law is not to need to prove, as long as the highest points out that it conforms to the natural law and god's will. In a modern democratic society, however, all laws need to be justified by reason. Since the enlightenment. The search for political legitimacy in the west has undergone a major shift. Modernity makes the philosophy of the center of attention from the transcendence of the laws of nature and god will back to the reason itself, all the ultimacy value must accept rational judgment of the court evidence of social justice and so on. In a sense, Locke and Rousseau laid a solid ideological foundation for this transformation. Different from the previous social contract theorists, Rousseau "realized the consistency between utilitarianism and justice through an institutional design arrangement in the transcendental direction of necessity". In Kant's thought, the principle of justice must conform to the absolute order made by man's practical reason, which is a kind of rational self-legislation. Kant first proposed the concept of "public reason" in his essay "what is the enlightenment" in 1784, that is, people have the freedom to use their reason openly in everything. Judging from the absolute concept of universal legislation, the only effective principle that allows people to truly share this freedom can be public justice. The ultimate goal of justice is freedom. The central expression of freedom is justice. Kant believed that only public reason can bring human enlightenment. Public reason is the basic characteristic of a democratic country. It is the rationality of citizens and the rationality of those who share equal citizenship. Their rational goal is the public good, which is the requirement of political justice on the basic system structure of the society and the purpose served by these systems. Public reason is public in three aspects: as its own reason, it is public reason; Its aim is public good and fundamental justice; Its nature and content are public, as defined by the ideals and principles expressed by the concept of political justice. The emergence of public rationality means the emergence of a kind of justice view which is opposite to the medieval theological justice view. It breaks down the divine right of Kings, theocracy and other ideas that were once regarded as self-evident, enlightened human beings with reason, and eliminated ignorance with science. This path change is both substantive and methodological. Since the 18th century western justice has experienced of positivism and utilitarianism, liberalism ideological trend, under the background of multiculturalism, the essence which is the basis of the law of people's rational behind, post-modernism has become more and more widely questioned. Famous American ethicist ? John rawls to return to the political legitimacy of explain position is different from the classical contract theory of the modern contract theory. Rawls is aware of a capitalist society is the "crisis of modernity", "enlightenment rationality crisis", and he also recognize that political excessive "technical", will lead to a loss of political critical dimensions. In order to save the modern western political philosophy, maintaining the political legitimacy of critical value dimension, rawls to the introduction of the "contract justice" areas of political legitimacy, as the best strategy to solve the crisis of the western empirical theory. By constructing participatory civic political culture in the public domain, citizens can form a critical "public reason" in the process of political practice. According to rawls's contract theory, the political legitimacy of a country mainly depends on a set of procedural justice based on equality rather than substantive justice. When traditional contractual theorists pay more attention to the theory of contract, they pay more attention to the justice in the entity. That is, the value pursuit of justice seeks a set of reasonable social relations and behavior. For the social system and legal system, substantive justice requires that the social system and law reflect the value of human justice, that is, the social system and law itself must be just. Procedural justice is the institutional form and legal form fixed by reasonable social relations and behavior. That procedural justice for social system and the laws in the process of running a program on the reasonable standard, namely the operation of the social system and law must be a fair and effective set of universal application. In rawls's new contract theory, the program is more important than the results, the results of justice are derived by justice program, it is through the design of the pure procedural justice idea, guarantee the two justice principles of rawls. That is, the equality of the condition changes to the fairness of the result.

Rawls believes that it is not any individual who constitutes political justice or modern contractual society, but citizens with rational ability and moral consensus. The social justice principle is not the transcendental presupposition of the completeness theory, but the result of people's free choice behind the veil of ignorance. In this sense, the justice theory is a rational choice theory. Reason is not only a kind of to determine the most effective way to achieve the purpose of, and is a kind of "balance of reflection", so his original set selected the "rational man" justice is after excluding personal interests, for moral intuition and fair justice. This moral consensus is based on public reason. Rawls clearly pointed out in his theory of justice that "justice is the primary value of the social system, just as truth is the primary value of the ideological system. A theory, however delicate and simple, must be rejected and corrected as long as it is not true; Likewise, certain laws and institutions, however efficient and organized they may be, must be reformed and abolished as long as they are unjust. Everyone has a set of inviolability based on justice, which cannot be surpassed even in the name of the interests of society as a whole. In rawls's opinion, on the one hand, a just society cannot deprive individual members of their happiness on the basis of the increase of the total happiness. On the other hand, it is necessary to distinguish good from right and seek a reasonable explanation of their relationship. If different social cultures cannot reach consensus through mutual interpretation, they will face a situation of incommensurability in value.

In a word, rawls tries to reinterpret the justice theory on the basis of public reason so as to solve the legitimacy of the constitutional democracy system in a pluralistic society. In his opinion, when constructing a political concept of justice and making it possible to obtain an overlapping consensus, it means, first of all, tolerance to various reasonable theories or views. Secondly, the core of overlapping consensus can only be basic procedural justice, and all kinds of complete theories or values cannot be the core of this consensus. Third, overlapping consensus has practical legitimacy only when it appeals to public reason and democratic consultation and free choice in the public domain.

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