Secular Face Of The Justice

The theory of Artificial Justice is an important part in the Hume's moral philosophy, researchers usually focus on the theory of human understanding, but neglect his moral philosophy, practically the author making so sophisticated discussions in the first two volumes of The Treaties of Human is to elaborate his moral philosophy. As a virtue and an order, justice is concerned by scholars from Homer's epic era, being regarded as a part of natural order, God's will, or creation of human's rationality gong through ancient Greece, ancient Rome and Medieval Times. Philosophers in The Scottish Enlightenment viewing justice from the passion of human marks a great shift, but it is also a clichéto regard human nature as an answer to how to form justice concept. In the history of thought there are two traditions of virtue, objective concept of virtue and emotional concept of virtue. Objective conceptive of virtue unify fact and value, making transformation from"is"to"should"self-consistent, rationality harmonize value and fact. With the passing away of the classical era Objective Philosophy disintegrate and fact separate from value, so Hume proposed a paradox of"is"and"should", and the key point how to explain the paradox is the theory of Artificial Justice. With emotional concept of virtue, Hume point that the good and evil in morality come from the feeling of pain and joy, human nature-selfish and limited generous- leading people to pursue happiness and to avoid hardship. In production and life, people find out there are not only individual interest but also common interest for society if we follow the rules of social justice, thus the justice which is stable property ownership, agreed to transfer property and rules to fulfill promises is formed. The Artificial Theory is closely related to the tradition of England common law, and there are many differences between it and the former concepts of Justice, to the contemporary, Hayek revitalizes the tradition of classical liberalism, its "classical" means Hume's intellectual heritage, especially his theory of Artificial Justice. This paper tries to make a assessment and simple screen.The article first describes Hume and the background of the times, analyzes historical factors of the Scottish Enlightenment. Part II elaborates both evolution of the concepts of virtue in the history of thought, thereby retrospecting the source of Hume'thought. Part III describes the main content of the Theory of Artificial Justice in The Treaties of Human. Part IV attempted to analyze the links between the Theory of Artificial Justice and the tradition of England common law. Part V summarizes the innovations in the Artificial Justice than in the past just concepts. Part VI attempt to analyze consistence between the theory of social order which is proposed by Hayek who is contemporary liberal thinker and the theory of Artificial Justice.