| Justice is the most important value of the social system and the human eternal pursuit. Although the people's thoughts of justice have all kinds of differences, on the principal aspect they are consistent. And, with the historical development, people's thoughts of justice achieve more common understanding. It mainly because justice is one of the reasonable ethic relations between the people, and it establishes on the humanity's foundation, but the human natural disposition is common. Though in history the thinkers discussed the justice widely and deeply from the humanity's angle, still they did not end, and impossible end the people's understanding of justice, because the understanding of the humanity is a difficult and last process. Moreover, humanity also changed along with the social history condition changing, and the justice had different concrete manifestation forms on different historical conditions. Although I know my knowledge is poor, I attempt to simple study the humanity's foundation of the Justice. Humanity is the unification between rationality and non-rationality, goodness and evil, the natural attribute and the social attribute and the conscious attribute. The author finds that the people's thoughts of justice come from these three attributes' mutual act. This article deliberates the justice from the human's natural attribute, social attribute and conscious attribute. In history the thinkers' understanding of humanity caused their different views of justice, and they discussed the justice from different angles and stratifications as the root, origin, principle and request of justice and so on, then proposed one part of the humanity value of justice. Justice is regarded as rationality, principle, value and so on. Justice has many meanings: "Don't give the others what you don't want", know one's place, perform your own function, people take their earns the friendly ethics, the public welfare, fulfill one's obligation, freedom and right, fair, equality. The thinkers' various discussions from humanity' angel enriched people's thoughts of justice, and provided the guide for the people establishing a more reasonable and more happy society. The thinkers' thoughts of justice more or less exist differences, but materially they are consistent, they all are the reflection of justice in the human consciousness, also representing the people's request and pursuit to the justice. The justice as the humanity's value, precisely establishes on the humanity's foundation. It not onlyis suitable for the human nature, but also is rectification to the humanity, whose goal is urging the people to do good deeds, establishing the right, harmonious, and good social relations between the people. Justice is the result that the humanity self-examine, self-control and self-adjustJustice's establishment has approximately experienced the following developed process: The human self-preserving, and their natural disposition of evading strives for happy, evading pains for benefit, selfish caused them only to seek the self-preservation, to pursuit their own benefits, but set side other people's benefits, even creating the violation. So in the mutual conflicting and violating of benefits, anybody's preservation and benefit are threatened, nobody can obtain the thing which he should earn. The humanity inborn is the polymerization social anima, who cannot leave the social to exist independently, and they can self-preserve only in the society's coexistence. When the social division of labor and the social development further strengthened the people's dependent relations, on one hand, it promoted the people's more common welfare; on the other hand, it also caused the people's conflicting of benefit more fiercely, specially after the private property appeared. This caused the society fall into the contradictory which was difficult to solve. This contradictory had two keys to the situation: Either the people controlled their desire, suppressed their selfish, constrained their aggression, restrained their own behavior, avoided violating other people, made the people coexist; or the society collapsed in the people's endless struggling. The people's natural attribute and social attribute caused them to choose the former spontaneously; at the same time, this also was an aware process, because the humanity have conscious attribute, whose rationality and wisdom caused them to choose the most advantageous survival way for themselves, therefore, the final result was that the people sacrificed one part of their natural dispositions, gave up one part of their benefits, were subordinate to the social public interests. Thus they also could obtain the benefit which they should earn, moreover, the people helped mutually and gained profit together. This had produced the request of the justice: "Don't give the others what you don't want", know one's place, perform your own functions, people take their earn, does good deeds to other people and so on. Everybody must conduct by the request of justice, and if everybody do it, the most ideal social relations can establish. Therefore, justice becomes people's value pursuit. But not everybody can conduct by the justice, thepeople often harm others to benefit themselves, so the society must establish human's behavior standards, and make people abide it by the social strength. Thus the country and the government establish, the legal system formulates, which carries external forces to the people, forcing them to conduct by the justice. Therefore, the country and the law are the preserver of justice, and the law is the incarnation of justice. They preserve the justice from the social angle, representing the justice of the society, requesting everybody to do its duty to maintenance the social normal order; They maintenance and promote the public welfare, requesting individual not to violate the public welfare and to make contribution for it; they safeguard the people's freedom and right, treating anybody equally, and at the same time carrying on the assignment according to the people's contribution to the society, permitting the result being suitable not equal. Moreover, they concern about the weaker of life, making they obtain happiness which they should have. However, the humanity also is restricted by the material condition of life, which is developing. Thus the people's view of justice changes unceasingly, the legal system also transforming its content. Therefore, justice establishes on the foundation of the humanity, being the result that the human natural attribute, social attribute and conscious attribute act mutually, and that the humanity self-examine and self-adjust, being the human pursuit to the harmony and happy social relations. Therefore, we recognize the humanity more comprehensively and clearly, we understand the value of justice more completely and thoroughly. Thus the legal system can consummate correspondingly to defend the justice, and realize the justice, and the humanity also gradually achieve their value goal of justice along with the society's progress.This article altogether divides into three parts. The first part discusses the justice from human's natural attribute angle. First, the self-preservation is the human's instinct, the people can pay attention to other things only on the foundation, on which they satisfy self-preservation . The people's hope to justice is one method of self-control and self-adjust which the human self-preserve needs. The people's request to justice is first self-preservation, and the humanity's thoughts of justice precisely produced on the foundation, which the humanity satisfied self-preservation on, also being the performance which the human civilization made progress. The primitive society's material condition of life caused the people's main goal was self-preservation, without the idea of justice or non-justice. With thedevelopment of physical production, the humanity entered the civilized society, and on the foundation, on which the society had the ability to satisfy the people's self-preservation produced the idea of justice: The society should equally care for each persons survival. Next, evading strives for happy and evading pains for benefit are human natural disposition, also the manifesting of the human instinct of self-preservation. Justice complies with the human natural disposition. Because everybody all are evading strives for happy and evading pains for benefit, and the survival resources is limited, therefore, the person is easy to violate other people to satisfy his own joy and obtain the benefit However, the people's mutual violation can cause the people to fall into the battle, and all cannot gain profit. Therefore, justice requests the people to be supposed not to violate, to cooperate and benefit mutually, to do good deeds mutually. So the law forbids the people to violate other people and the social benefit. Once more, the instinct of self-preservation, the natural disposition of evading strives for happy and evading pains for benefit decide the people's instinct of selfish. The human's natural disposition does not matter goodness and evil. But if does not restrict the human selfish, the human selfish desire inflation can harm the society, and the society also will fall into the battle, perhaps could not exist. The restriction to the human selfish requests justice, the meaning of justice regardless of knowing one's place, people taking their earns, "Don't give the others what you don't want", all request the human to have to control their own selfish desire, to seek their own benefit by the reasonable way, but not to harm other people. On the one hand, the justice comes from the human natural disposition of selfish, maintaining the people to pursuit to their own benefit; on the other hand, in order to safeguard everybody all to be able to seek their own benefit smoothly, the justice requests the people to have to suppress their own selfish desire, maintaining the human confliction of personal benefit in a smallest scope.The second part discusses the justice from the human social attribute angle. First, this part elaborates that the human sociality is the foundation on which the justice produces. The people are a existence of kind, a social animal, and the sociality is the human natural disposition. Because the people interdepend in the society, who cannot leave the society to survive independently, the people must control selfish, suppress aggression, restrain their own behavior, then they can survive mutually in the society. The justice produced on thefoundation of the human social attribute , which is the reflection that the former request in the human idea. The goal of the nation, the government and the legal system is to defend the justice. Then also elaborate that the justice principle establishes on the foundation of the human's sociality. The people's public welfare produced in the society, and the people do not have to violate the public welfare, should preserve and promote the public welfare, thus the public welfare became the principle of the justice. Each person should do his duty to the society which he should do, or it is not justice, and the justice requests laying down the duty maintain the suitable balance ; each person equally enjoys the freedom and the right, safeguarding the freedom and the right is the principle of the justice. The human sociality requests the people should be treated equally, and the equality is the main meaning of justice; in the primitive society, the equality is one kind of fact, and because the private property and the social system caused the people to become not equal, the people requested the equality.The third part discusses the justice from the human conscious attribute angle. First this part elaborates that the justice is the humanity's self-awareness. The justice is the product of the humanity to the nature, themselves and social consciousness, is the result that the humanity carefully examine their own characteristic and their behavior. The people have the conscious attribute, and they understand themselves and the outside world, forming the self-awareness; Individual self-awareness is a premise which the justice produces, when individual realizes his own need, he propose the request to the society. If only the human self-awareness, the value idea of the justice cannot produce , the human social consciousness being the conscious foundation which the justice can establish. The human social being must be realized by the human, then can the social concept can produce, the social system can establish. The people realize they are the social animals, must obey the society, peacefully coexistent, preserve and develop together, then they can smoothly obtain the benefit, pursuit happiness. Thus the people produce the idea of the justice, requesting everybody all to abide the justice. Next, also elaborate the rational view of the justice: The ancient Greece Rome's natural rational view of the justice believed that the justice rooted from the human's natural disposition, taking the rationality as a foundation; The middle ages religious rationality view of the justice pushed the natural rationality to the extreme, replacing by the religious rationality, which thought the true justice was pledging and obeying the God; The near modern social rationality view of thejustice discussed the origin, the connotation, the request and the realization of the justice from the society's angle, in order to establish the reasonable social system which conforms with the justice. Finally, it elaborates that the emotion relation of love between the people makes the justice stable. Love not only is the emotion, but also is the humanity's self-awareness. In the social practice, in the human relation of cooperation, the emotion of loves develops; And the people realize, only love be able to make the human society last and develop. Love causes the people initiatively to control own selfish desire, to constrain their own aggression, to do goodness to others, to obey the social system, thus causes the relation that conforms with the justice between the people more stable. |
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