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Inspiration To Chinese Law Government Construction From The Change On Plato's Concept Of Justice

Posted on:2007-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:J XiaFull Text:PDF
GTID:2166360185465479Subject:Legal theory
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Plato is the first one who researches the concept of justice. If we edge into this field from the relationship between substantial justice and procedural justice, We can find the change on Plato's concept of justice from early to late stage. The early concept of justice is embodied in The Republic; The late concept of justice is embodied in The Law. Plato's early concept of justice is inclined to look after substantial justice, yet there is some bud of procedural justice in late concept of justice. And in the process of the change, there is the tendency of looking after pure procedural justice. The pure procedural justice is embodied in many aspects. The most eminent aspect is that Plato insists that we should give everyone an equal chance in any things. This idea makes an effect that Plato adopts lot here and there when he designs his law and political system. This deed exists in legislation,Administration,justification,election, etc. It is thought that we shouldn't attempt to dig into or improve Plato's ideas as some ancestors because modern learning has stepped to different journey. However, it is no other than Platonism which initiates the road of western modern reason society. And it exerts effects on about two thousand years'history of western society. Standing on the position of law philosophy and sociology of law there are the criticism,deconstruction,reconstruction to Modernism by Postmodernism. Standing on the position of semeiology the criticism to Modernism can be equivalent to the criticism to Platonism. Modernism insists absolute reason and integrity. And Postmodernism insists diversity and difference. As Plato's Republic China is also trend to look after procedural justice now and come across the similar problem which is how to deal with the relationship between substantial justice and procedural justice. We can get some lessons and enlightenments from Plato's experiences. And we can gain some countermeasures for Chinese law government construction.
Keywords/Search Tags:Concept of justice, Substantial justice, Procedural justice, Postmodernism
PDF Full Text Request
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