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Procedure Justice In Moral Philosophy

Posted on:2009-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:L X ZhouFull Text:PDF
GTID:2155360272463367Subject:Ethics
Abstract/Summary:PDF Full Text Request
Justice is the eternal pursuit of human morality. It is not only a kind of ethical principles, but also a moral goal. In the history of ethical thinking, different understanding of the justice lead to the formation of the various factions. Two important views both focus on the justice of procedures in the process of action and on the justice of effect in the outcome of justice. The author believes that in the modern multi-cultural, procedural justice is prior to the value in the moral, therefore, the paper will illustrate the ethical foundation and practical significance of procedural justice in the aspect of the formation and development of the concept of procedural justice, so that to provide some useful ideological inspiration to the development of a harmonious society.The concept of procedural justice emerges in the 13th century English common law system, and unprecedentedly develop in the United States. According to the British common law, the court should absolutely stand to the "natural justice" principle in any dispute or disputes to a referee. In accordance with this principle, no person shall serve as their own judges in cases, magistrate judges in the production of the parties should listen to both sides' statements. These two requirements are minimum criterions for judges to follow in the settlement of disputes. The concept of procedural justice generated in the areas of philosophy, however, the paper will analysis in the view of ethics.First, the paper will analysis the philosophical views of Rolls and Habermas's, they interpret the moral philosophical intension implicated in the procedural justice, and take it as the the important criteria of moral judgments in real life, especially in the reality of political life. But it is worth noting that, for social justice, the realization of the justice process is not only a powerful security, but also a premise. People cannot establish a solid ethical foundation of social justice without in line with the standards of process of justice.Second, in the context of the pluralistic value, to avoid the relativism in moral value, we must begin with the view of procedure. Because of the development of personality, the pursuit of the reality of the results are very different. Therefore, deontology and teleology should be united in the pursuit of justice, thus establish a universal moral rules.Finally, on the reality of practice, build a harmonious society, coordinating the interests of all parties and the realization of self-esteem also need the support of procedural justice. It ruled out the greatest degree of subjective factors on the impact of moral justice, in order to better the moral practice can be achieved in the pursuit of justice.To sum up, procedures not only play the role of justice in the legal field, but also serve as a legal and ethical principles of the community. In my view, to response to the request, we must establish the criteria of procedures justice. Furthermore, in specific operational level, procedural justice is more in line with their own humanity in the intellectual and moral will, and thus, it is more easy to be inner as the moral consciousness of mankind so that to highlight the superiority of human nature.
Keywords/Search Tags:Moral Philosophy, Procedural Justice, Results Justice, Deontology
PDF Full Text Request
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