下面为大家整理一篇优秀的paper代写范文- The concept of Western justice,供大家参考学习,这篇论文讨论了西方的正义理念。在西方伦理学发展过程中,对于正义思想的探讨走过了一条曲折的发展历程。正义作为一种美德,不仅涉及个人也涉及社会,关乎政治哲学更关乎伦理学。古希腊思想家中第一个提出正义概念的人是梭伦,梭伦认为正义是人与人之间彼此抑制欲望,每个人得其应得,用以维持人际关系状态的平衡。正义不仅诉诸制度也诉诸德性,即正义问题不仅是政治学概念也是伦理学概念。
In the course of the development of Western ethics, the discussion of the thought of justice has gone through a tortuous course of development. Why is it called twists and turns, because the theoretical connotation and extension of justice in different periods have different logical connotations, whether justice is based on the individual or based on the society, whether justice is the idea or the reality, justice is to resort to the promotion of virtue or the perfection of the system, We can make a carding of the concept of justice through the history of ethics so as to better understand why there are many theoretical confrontations in justice, so as to deepen the understanding and grasp of the justice problem.
Justice, as a virtue, involves not only individuals but also society, and political philosophy is more about ethics. The first of the ancient Greek thinkers who put forward the concept of justice is Solon, and Solon believes that justice is the desire to restrain each other, and everyone deserves it to maintain the balance of the State of human relations. Justice is not only recourse to the system but also to virtue, that is, the issue of justice is not only the concept of political science but also ethics. He also clearly pointed out that dealing with the relationship between individuals and others is a necessary embodiment of justice, at a time when the issue of justice is two yuan color.
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In this period, the Western natural law is the internal logic rule that governs everything in the universe, which is eternal and universally applicable, and is the value of justice in this period. Hesiod in "Work and season" in the concept of justice, that justice is the law of Zeus, it has the highest position in the universe. Specific to human social justice is that everyone in society needs to clear their own ownership, while not violating others, this is the manifestation of justice. The early exploration of justice in ancient Greece is more about the order in the cosmos, that is, the relationship between the universe is maintained in a balanced, stable development, this period more from the ontological level to understand justice. Anaximander said that the changes of all things have their laws, and all things complement each other in the order of time. Heraclitus believes that the reason why all things are peaceful is that they are formed in the struggle and change of each other, and the inevitability of this struggle embodies justice. Pythagoras thought that "number" constituted all things in the world, and that the square of numbers represented justice. Empedocles believes that the struggle and balance of all things is achieved under the influence of love and hate. If the ontology of this period is a simple materialism, then justice can also be called the simple view of justice.
In the late ancient Greece, the city-State society began to take shape, and people's concern shifted from the origin of the world to the city-State society, so the discussion about justice shifted to the human society, and its manifestation was that people discussed whether justice was based on the individual or the state at this time. In AD 5th century, the concept of justice of the Wise school was based on interests and conventions. Salad Majos believes that justice is the benefit of the strong, the national interest is the greatest justice, "nature itself reveals that the best people should be better than the despicable, powerful and more than the weak gain ..." Justice lies in good people ... There are more things than the despicable. "The discussion of modern utilitarianism on justice is based on the discussion of justice by the Wise school, and it creates a precedent for the interpretation of justice by contract theory." Cicero had evaluated Socrates for bringing philosophy back to Earth from heaven. In the three sages of ancient Greece, wisdom, justice, perseverance and temperance were the four virtues. Socrates ' most famous knowledge is the virtue of knowledge. and other moral acts of justice is also a virtue, it stems from the wisdom of man. Socrates ' view of justice corrects the Wise school, and it gives justice another dimension of ―― individual subjectivity. Plato in the "ideal country", on whether the justice is from the individual or the state did the discussion: "Each individual if the various qualities within themselves each function, then he is also just, that is also to do his duty matter." "It can be seen that Plato in the definition of personal justice, the individual can be the leader of their own, the individual does not interfere with others and not the domination of others, this from the personal level of justice." At the level of the State as the main body, Plato pointed out that the country is composed of three kinds of people ―― businessmen, auxiliary persons and scheming persons. If these three kinds of people can interfere with each other and fulfill their duties and duties, this means that the state level is just and the country is moral. It can be seen that Plato's ultimate appeal is to obtain social justice, for the stability of the country's development. He broke through Socrates ' theory of personal virtue, and he constructed the world of ideas as the statute of social order. Aristotle also discusses justice from the personal and the national level, he said that for the individual, justice is a kind of individual intrinsic ability, is a kind of still ethic spirit; people keep goodwill with each other in accordance with the spirit of justice. At the national level, justice means political justice, the idea of governance for the purpose of good, citizens should obey the law, in the distribution of national interests should not only take into account the civil rights also take into account the civic obligations, and the real justice is that people can in a harmonious and orderly city-state to obtain happiness. After Socrates, the theory of justice focuses on the individual subject and continues to the theory of Virtue and justice, which is later changed into MacIntyre.
The concept of justice in ancient Greece, although more emphasis on personal intrinsic virtue, but people eventually belong to the city-state, the discussion of justice can not be separated from the main body of the city-state. If the individual behavior is selfish, he does not consider the social value appeal, then this behavior can not be called justice. At the same time, if the State seeks greater development at the cost of violating individual values, then we will not say that the value of this country is justified. It is very necessary to discuss the subject of justice: whether Justice is based on individual or country, it can not be separated easily. Because they are not completely conflicted. The definition of justice in the latter part of ancient Greece is that justice involves not only personal quality, but also the relationship and social life, while the justice needs the pursuit of virtue and the harmony and order of the Polis.
In the ancient Roman period, the city-state prevailed in the Epicurean School of Utilitarianism, individualism prevailed, and did not pay attention to the legitimacy of group behavior. This leads to the loss of justice law only to protect the interests of the strong, resulting in chaos of social order. Based on this situation, Cicero puts forward the justice view of natural law. The natural law is transcendental, it first exists in the human body, which shows the virtue of human beings. If we conform to the nature of justice, wisdom, moderation, and perseverance in life, to do the right thing, then that is justice. The Act of Justice is out of its own volition. It should not be considered for the benefit. When the morals and interests appear contradictions, justice should be made to make rational judgments and not to deviate from virtue. The unjust thing that violates virtue does, in the view of Cicero, is to enforce the punishment according to the laws enacted by the natural law, so as to uphold the justice of the Polis, and to make justice universally applicable to all people through the observance of the law. Through to Plato's idea world eternal absolute rational rule and the stoic thought that justice is the cosmic balance harmonious state two theories reference, Cicero proposed based on the natural law the Justice idea, will advocate the rationality, the respect individual right, the social rule of law into the Western tradition.
Western scholars regard the Western classical culture spirit along the development of Plato, Cicero and Augustine as the traditional route. The influence of the ancient Greek and Roman philosophy on the Christian period can not be neglected, and understanding the justice view of this period may begin with Augustine's "Justice of God". He believes that the nation founded and governed by Christ is truly based on justice. The state is founded on the basis of God's justice, which makes us understand the origin of the city of God well. Augustine's "Justice" and Plato's idea are transcendental, Plato's ideal country is the ideal social model, Augustine's "God's Justice" is the people's heart. Cicero and Augustine are based on the people of the country, Cicero thought that when the power according to Justice is just, the weak to obey the strong is consistent with the objective nature of the law, and Augustine that justice exists in God, God holds true justice. It is a priori concept before the law and the State, so that those who do not believe in God cannot gain justice. Everyone needs to fulfill his vocation to be righteous. Here in Augustus the good is absolute, and only the good is expressed as the basic entity, the evil is a lack, is the human free will choice result. God is to reward and punish people by their free choice, so it is sacred and just. Aquinas, a famous medieval theologian, said: "If a free man's society is governed by a ruler who seeks happiness for the public, this politics is just," and "the interests of society are greater than those of the individual and are more sacred." He believes that justice is used to regulate the relationship between man and man, can make a dividing line of individual behavior, is a general overall good, "as long as justice can cause people to commit to public happiness, all virtue can be classified into the scope of justice." It can be seen that the discussion about justice in the modern times is basically based on the concept, and few rules and laws are used to justify justice. Justice still clings to the dimension of virtue in this period.
Since modern times, individual behavior has become a research object in various fields. The individual behavior has the multiplicity, the difference, at this time from the personal point of view, people to the interpretation of justice and cross-examine the fairness and justice of the society, are inclined to use ethical norms, a case of evaluation of the main body behavior evaluation. In their view, the benefit of personal development, the realization of personal interests is just. Because the realization of justice before the modern times is from the internal moral nature of the behavioral subject to do the teaching and guidance to achieve, difficult to implement to the practical level, and the modern popular contract theory to solve the problem effectively. At this time, the understanding of justice is based on the maintenance of "public good", so the reasonable restriction of individual rights has become a prerequisite for the realization of justice.
Modern utilitarianism prevailed, and thought that it would be good for the majority of people to obtain greater happiness, and all were righteous. Because of the banner of individualism, personal interests and individual desires are expanded indefinitely, which leads to the infringement of others ' interests in practice. In order to circumvent this unjust behavior, it is necessary to regulate individual behavior in order to protect the rights and interests of every member of society. The justice theme of this period focuses on freedom, equality and rights, which are based on natural state and social contract. In this period, justice is no longer the same as modern times due to the moral nature of man, but to the restriction of behavior subject, from positive justice to negative justice. Hobbes, Locke and Rousseau are the representative figures of this period. They organize a national government through rational principles to protect individual rights and to restrict rights, because they believe that the rational realization of individual rights is justice.
Hobbes proceeded from the state of nature, it is believed that in the disordered social state, the human beings are acting in an animal mentality, and in the social environment which is divorced from the legal and moral constraints, the relationship between man and man must be a struggle without restraint. In order to save themselves, people began to think rationally, allowing the transfer of personal rights to the public institutions to maintain the normal functioning of social order, under the rule of centralization to keep people's lives in a certain order, this is justice. Locke opposes the state of the struggle between Hobbes and man, and holds that the relationship between human beings and people is equal in nature, and that people sign contracts in order to protect their natural rights better. Public power is chosen by people, and it is unjust to protect the freedom and equality of the individual under this Republican society. Rousseau's attempt to amend the previous contract to sacrifice personal freedom, to build a real legal contract, people let the right to be transferred will not affect the realization of personal freedom and personal happiness, which embodies the traditional French ethics pursuit of personal happiness tradition.
Modern thinkers emphasize the public interest for the realization of justice, and this public interest emphasizes the ultimate foothold in the preservation of personal interests. The shaping of personal justice in ancient Greece was inspired by virtue, and the goal of personal justice in this period was to restrict individual rights. The justice in the minds of modern thinkers is still metaphysical.
Hume's view of justice begins with the chapter "Justice" in the study of moral principles: "Justice is useful to society, and thus at least this part of its value must have originated in this consideration." "37" public utility is the only origin of justice. Hume's analysis of the conditions of justice, he thinks that the limited physical resources of natural society and the limitations of people's natural virtues are necessary to produce justice. Hume tries to solve the problems brought by the antagonism between self-love and compassion, personal interest and social interests, and clarify the source of the law of Justice.
The limited physical resources of natural society make people's interests not secure, and for the sake of self-preservation people instinctively capture as much resources as possible. At this time, the relationship between people and things, people and people is very tense, justice here lost its position; even in the resource-rich utopia, people do not need to compete for resources, property, justice will lose its value. Hume's ethics is based on the emotion, the natural virtue is innate, the behavior subject is the individual, so its benefit result also must be independent. As the virtue of human being, justice is based on self-love, and in order to avoid struggle, justice is upheld by law. At the same time, people's compassion makes people not only consider the needs of their own interests but also take into account the needs of others, it is the emotional basis for people to judge justice and injustice. But this empathy is perceptual experience, so it is not universal. The behavioral subject of Huma Zhengyi view is the members of all society, so its value goal is the whole benefit of the whole society. People obey the law of Justice to clarify the relationship between man and matter, the relationship between human beings and things is most prominent in the ownership of property, so Hume's view of justice more emphasis on economic justice, through the clear property rights can better deal with the relationship between the good and the people, so that the whole society in a good ethical and moral order of operation. Through the thinking of the source of Huma Zhengyi, it can be seen that the ethical color of utilitarianism and emotion.
In the debates of the schools with freedom and equality as the theme in modern times, the concept of justice based on the two ethics theories enriches the western Justice theory and leads the development direction of the later Justice theory.
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