On Justice In Family

The issue of family justice has a long history.The discussion on family justice has continued from ancient times to the present,and is more prominent at present.The issue of family justice presents new appearances in the new period.Based on contemporary social reality,interpreting family justice issues from a new perspective is of great significance for enriching and developing family justice theory and solving practical dilemmas.Traditional China is a "home-state" society with the same structure.The family carries the inner stability of most people and the highest value pursuit.But in the past century,China’s tradition of familyism has been influenced by individualism.Individuals and families are even regarded as antagonistic.In today’s China,various social problems related to the family emerge endlessly.Family crisis is closely related to family justice.The formation of injustice and surrender relationships in the family is largely due to insufficient capability of some family members.Both Marx and Amartya Sen’s justice thoughts aimed at human development.Development is a process of expanding people’s freedom,a means of enhancing people’s capabilities,and an effective way to achieve family justice.Based on this,this article intends to take "how to achieve family justice" as the starting point for research,and explore family justice from the view of individual development.In addition to "Introduction" and "Conclusion",the main body of this article has five chapters.The first chapter is about the basic theory of family justice.It is not only possible but necessary to apply justice to the family.To cultivate a righteous individual,there should be a family that meets the standards of justice,and a just family is the foundation of a just society.In the field of political philosophy,most theories about justice are influenced by the dichotomy of public and private fields,excluding marriage and family from the discussion of justice.The conflict and wrestling between the two representative views of "autonomy is justice" and "private is political" reveals that the balance between private autonomy and state intervention has always been a difficult problem in the legal field.Family justice and political justice have common features,but understanding family justice should start with its particularity.Individual development is the process of enhancing capabilities,and capabilities are the unity of rights and responsibilities.It is necessary to redefinefamily justice from the perspective of individual development.The pursuit of family justice by the law is both the purpose of the law and the purpose of people.It should be achieved not only through family law,but also through social law and human rights law.The second chapter mainly compares the contemporary development of Chinese and Western family concepts and family systems.Most family laws in contemporary Western countries have undergone reforms from formal to functional,and from family law to identity law.There are two opposing trends in their changes: in the field of marriage law,personal autonomy continues to grow;in the field of parent-child law,the state’s involvement continues to deepen.After the founding of New China,the state as the leading force promoted the transformation of families and family systems.After the reform and opening up,under the influence of commodity economy and individualist culture,the concept of family has further changed.The core of this double transformation of private life lies in the rise of individuals as independent subjects.China’s marriage law has also shifted from family-based to individual-oriented,and familyism has evolved into downward-familyism.The diversification of the current family form in China and the trend of the functionalization of family law are similar to those in the West.It is necessary to predict the function and reform direction of Chinese law through comparative research.The third chapter discusses the realization of family justice in the relationship between individuals and families.The conflict between individual freedom and family is a unique modernity problem in China.The conflict between individualism and familyism is mixed with the conflict between egoism and altruism,the conflict between patriarchy and feminism,and it deeply affects the realization of family justice.Altruism is the main advantage of the family.A comparative study of the implicit logic of altruism reveals that altruism is ultimately self-serving.Altruism has a self-serving element,whether between spouses or between parents and children.To strengthen the centripetal force of the family,the right to individual development should be respected,and mutual benefits and equal development between family members should be emphasized.A just family should be like this: Everyone can give full play to their potential and realize the desire for individual development,while also respecting the opportunities and desires of others for development.Personal development is intrinsically consistent with family development.It should be guidedby the concepts of equal development,coordinated development and shared development to promote the realization of individual development rights and family justice.The fourth chapter discusses the realization of family justice in the horizontal couple relationship.Family is a mixture of emotion and politics.Injustice in the family can destroy intimate relationships and emotions,but the destruction of emotions cannot be repaired simply by correcting justice.Gender profoundly affects the legal system and practice.The practice of family life is an unjust gender division of labor,which is determined by the social construction of gender.Gender inequality in the workplace and gender inequality in the family reinforce each other,plunging women into a vulnerability cycle.To improve gender inequality in the family,we should first understand the nature and institutional function of marriage.The implicit discrimination content in marriage law and the deviation of its value orientation will not only affect the realization of gender justice,but will also be passed on to other relevant systems.Marriage law should strive to eliminate hidden discrimination,restructure the value system,and reshape families and individuals.The advocate of gender equality in the family is not to call for a preference for the weaker party in the distribution of benefits,but to hope to promote the equal development of individuals and enhance the capabilities of the weaker party to achieve equality among individuals.The fifth chapter discusses the realization of family justice in the vertical relationship between parents and children.The intergenerational relationship in the nuclear family is mainly the relationship between parents and minor children.Intergenerational justice in the family emphasizes respecting children’s autonomy,promoting children’s individual development,enhancing children’s autonomy,and ultimately achieving intergenerational equality.Children are dependent and vulnerable,but also autonomous.For the evolving capacities of children,autonomy is the main aspect.The evolving capacities of children is a process of continuous improvement of autonomy,a process from limited autonomy to independence.The development of autonomy is mainly achieved through the participation of children.Children’s participation is both a right and a principle.There is tension between the principle of children’s participation and the principle of children’s best interests.To reconcile the conflict between the two,it is necessary to clarify the difference between "children’s rights" and "rights for children".Promoting the development of children andachieving intergenerational equality requires a rational analysis of theoretical conflicts,institutional dilemmas,and practical disputes about children’s participation.Children’s participation helps to understand the true meaning of "best interests for children".It is necessary to make children’s participation right concrete through legislation to enhance their operability,help children evolving capacity and improve intergenerational inequality.Family justice is as important as political justice.A just family is the foundation of a just society,and cultivates just individuals for society.In Socrates’ s words,justice is not a question of definition,but a question of how to live.Individual development is an effective way to achieve family justice,and a just family respects the equal development of individuals.Only when the family is covered by justice can social justice be truly realized.