Politics Justice: Ao Tefu Lied He Charges Of Political Philosophy, Research,

Hoeffe's political philosophy inherited the thought "absolute order" of Kant and took "justice" as "absolute order" in his political philosophy. However the absolute moral order of Kant's type has been changed into "absolute juristical order". That is to say, out of moral dimension, the binding force of it could get the implementation by the help of juristical dimension. The core of Hoeffe's political philosophy is "the political justice". This idea includes two respects, or double mission could be completed by means of the idea, we can also say, the two kinds of arguments could be objected with the help of the idea: firstly, it could support the legitimacy of the law and state system but object the thought of anarchism; secondly, it could argue the boundary and scopes of law and state system but object the standpoints of positivism. Certainly, he also treated the thoughts of the contemporary justice theorists seriously, who had made deep analysis of their thoughts and elaborated some different ideas by himself.Hoeffe's thought "the political justice" begins from the definition of "natural state", which put forward by him could be abstracted and assured by three stages. Facing the nation and form of government of the myriad shapes, we could summarize that: firstly, the differentiation between governance forms needn't take into account. We can see that, no matter realizing governance by way of ancient city form or modern democratic constitutional type, law and state system are still the common characters of these forms so that the common characters should be assure during the course of abstraction on first step. Secondly, taking no account of the national form that means mankind live together, then the public assurance and implements towards the subject's rights have to be gave up. Some classic thinkers such as Hobbs, Locke, Rousseau's enactments concerning the "natural state" have reached the degree. But what they had saw were still some individual rights. In the respects of system, the abstraction of this stage led to a kind of appearance of natural law. It can also be treated as common legislative body of the pre-nation, which although has free restrict and no public and compulsive organization. Hoeffe called this kind of appearance a second-rate natural state. Thirdly, the abstraction of the third step led to going deep into the compulsive factors inner part, which caused the original state, even such factors as right can't declare, and here the freedom that people get along is still unlimited. Under this kind of appearance, what have involved are just arbitrariness(freedom) or behavior freedom set up on personal arbitrary judgment, that is to say, doer himself decides what he pursues and how to acquire the things he pursuing. The original natural state is the last stage of natural abstraction and the most important special features within Hoeffe's political thought. It adopts the way similar to phenomenology, which suspends and abandons any factors concerning legitimacy source in law and state but leaves free and arbitrary personal behaviors. The another premise analysis of Hoeffe's justice thought is a resolution about human nature. Human nature theory has a long history in the region of western political philosophy. Hoeffe put forward two resolution about human nature by adopting the methods that description combines with standardization: firstly, human being is the reasonable animal that practicing; secondly, human being has his desires and these desires must be satisfied. So that human being is also not a pure reasonable animal. Beginning with the two points, "natural state" and "human nature", Hoeffe put forward the argument procedures about the "justice of politics".Setting out from the freedom of personal behaviors, Hoeffe pointed out that the justice argument should consider behavior freedom as its starting point. It is still needed to be argued thathow the personal behavior freedom can realize in any circumstances. Under original natural state, conflicts between freedoms would occur inevitably because the personal behaviors have the characteristic of the direction everything freely. This turned over to put forward a new question, what kind of mode the justice argument should adopt, cooperation or conflict? From the nature of human being and the difference with the animal, we believe that people have to reside in groups because the lacking of instinct really existed. People could survive for a long time and maintain their categories and.lasting characters with the living mode. Thus one's freedom and arbitrariness have to coordinate and harmonize with others', otherwise, the society is impossible. Hoeffe replaced not only the mode of cooperation with conflict but also welfare with freedom, which had become the central points of his justice argument. Then he launched the justice argument freely. For his point, the freedom conflict existed between people inevitably need a kind of function to realize the stability of the society. And by this procedure, the governance of the natural method carried out firstly. A person will master to give up some freedoms to win other's approbation for the freedom of his own. The natural justice has come true with the giving up of freedom in this initial state. Under this kind of appearance, people live a kind of self-moving regulate common life without any compulsory organization. It criticized an strict and anarchical standpoint, with which they believed any kind of regulation would not exist. However the natural justice realized before has three defects: firstly, the natural justice lacks common definitude; secondly, it lacks compulsive capability; thirdly, it can't realize the justice of generation gap. Hoeffe drew a conclusion that natural justice couldn't apply to the demand of arranged social life because of the three defects, which criticized those gentle anarchists who approved spontaneous regulation in natural state in the position of the theories of justice. The further justice study carried out the second stage of the justice argument: justice of system. At this stage, the public and compulsive organizations, such as guild, group, even the patriarchal clan of Chinese ancient times, had existed. The social activities had become more shipshape and many compulsory factors appeared regulated by the justice of system. In modern world, many kind of things belong to this type of justice, such as the economic order's justice, justice of environmental protection and the various professional system justice. At the same time, in regard to the justice of generations, it also belongs to the scope of system justice. Taking a family of three generations as an example, the second generation is most powerful. If the family's coexistence has resorted to power, then the second generation could be violent to not only the first but the third generation, which resulted in that the third generation would not let the second grow up and the third generation would chase violence on them after they had grow up. It is the justice organizations, appearing with the form of systemizing, that make the coexistence between generations appeal to justice. With the name of justice, the second generation would treat kindly the others because they had received preference and help by the first generation. The third generation would treat them kindly because of the same reason. Hoeffe placed emphasis on the justice of generation gap probably because the social problem of aging composed by the age of world has become serious than before. And the explanation also gives proof to the tradition of "old respecting".The third procedure of the justice argument causes the justice of politics. This is the core part of Hoeffe's justice argument. The justice of politics means the morality of legislation and nation. For the sake of overcoming the natural justice three defects, making the justice have the common and certain norm, having the compulsive ability and guaranteeing the justice of generation gap thoroughly, the compulsive organizations such as law and state must exist. It proved thelegitimacy of law and state by the positivism. However, Hoeffe emphasized the combination of philosophy argument with the theories about law and state and with ethics. At last he completed the moral criticism of law and state. It is also the key to criticize the positivism doctrine, which take science as its guide and emphasize the positivism's function of law and state, being careless of or even rejecting the moral standpoint. Hoeffe spared no effort to criticize this kind of positivism doctrine standpoint. The justice of politics, which is the symbol of law and state's moralities, is different from the justice of person. Justice could be explained from two aspects: justice behavior and justice position. For the justice of person, justice behavior is demanded; for the justice of politics, what demanded is justice position. Any kind of system of law and state is legal only when it is from the basic and essential point to consider justice.Hoeffe's criticism on law and state could divide into three steps to carry on. It is also the consistent style of his "national phenomenology": firstly, what contemporary prevalent political criticism should do includes examining whether the various and concrete norm together with the policy behavior and politics itself are justice or not, examining whether the actions and behaviors of a state and various policies and regulations put in force by it have the quality of justice or not. Secondly, it is necessary to examine the justice quality of law and state itself because it would restrict the freedom of people. In Hoeffe's point, the mission critical theory should perform seriously is examining the legitimacy of form of law and state produced by the restriction before. Thirdly, it is necessary to ask the justice quality of social force itself because the restrictions to people's freedom occurred not only in the form of law and state but also in the scopes of various social organizations. Then this level is very important for the thorough and complete legitimacy. Hoeffe believed he had completed this mission nicely and it had to be completed thoroughly in his justice theory. Certainly, the other two missions also can be completed according to his argument procedures. Corresponding to it, there are three levels in the criticism of law and state: one of them is in the technique and strategy levels. For example, the criticism on the control of abortion, it is necessary to make sure when the life begins and whether embryos have lives or not; then is in the practical level, in other words the level of the utilitarianism. For a social policy under evaluating, we could see that whether it is advantageous to the people's life and raise the people's welfare or not; there is in the moral level, it is also the highest level. Here with the name of justice, to law and state itself and even the various concrete policies, we could draw the conclusions about whether they are justice or not. Such as abortion, in this level, what has to be made clear is whether it has the qualities of justice in moral.What the justice of politics emphasize is not the assignment justice but exchange justice. On natural justice, it is mutual giving up the freedom and exchanging for the freedom acquired. On the system justice stage, the regulation of freedom is also based on the mutual exchange between people. But on the political justice stage, the criticism on the government of law and state could be realized from the exchange between not only people but also ruler and under-ruler. We can see from the point of synchronic-diachronic and positive-negative, exchange is divided into four types: synchronic-positive, synchronic-negative, diachronic-positive and diachronic-negative. Positive exchange is to give, negative exchange is to give up. If the abandon of freedom, we have discussed before, occurs in the natural justice, it is the type of synchronic-negative exchange; if it occurs in generations, it is the diachronic-negative exchange. The mutual good treatment in justice of generations is a kind of diachronic-positive exchange. The mutual abandon between several generations with violence is a kind of diachronic-negative exchange. Exchange justice can realizein Hoeffe's political thoughts. He concentrated to discuss that exchange justice was superior to distribute justice. He thought things passing through distribute justice impossibly came from heaven but only from labor and work. In fact, exchange actions have existed in the activities so that it is possible to get a incomplete program of justice arguments if we introduce distribute justice generally. But from the position of exchange justice to set out, we can not only explain the legitimacy source of the political business exactly, but also provide a good guide and feasible way to realizing the targets requested of the distribute justice. At this point, exchange justice is a more original legitimacy appearance and in a higher rank than distribute justice.Setting out from the exchange justice of a country or a region, if the exchange's four types could apply to the whole world, justice exists between country to country, nation to nation, culture to culture and even law to law could come true. Thus Hoeffe put forward the speculation of its "republic of world", which is not similar to the single country available now but a kind of worldwide regulative order. Just as what the Kant had said, this kind of republic of world was still a regulative organization but not a constitute one. By means of the regulative republic of world, Hoeffe believed mankind's common world would soon arrive and the justice would rule the whole world in the end.On the methodology, it is necessary to not only eliminate the separation from theories of law and countries to philosophy and ethics but also emphasize to put the philosophy argument together with the theories of law and country, and combining them with the ethics at the same time. Then the three kinds of courses carry out the integration to become the new justice theory appearance. In fact, he used the method in the justice argument. More over, he drew some methods from phenomenology and some argument methods of Kant and Aristotle. The arrangement of criticism levels of law and country is similar to not only the phenomenology's suspend, by which he called it "the country phenomenology", but also the analysis of Kant to order type. All the combination of the methods are the special features of his justice theory.