Dilemma And Way Out Of The Contemporary Western Justice Theory

Justice is a timeless topic during the human life, society with justice has constancy charm for the human. Rawls’s A Theory of Justice started the extensive and in-depth research of "Justice" from the contemporary political philosophy, forming a splendid theory of justice. However at the same time with the innumerable great achievements from the contemporary western justice theory, various kinds of justice theories have fallen into "Gods melee" impasse, its subject is various justice theories dispute dominated by the "dispute of liberalism and communalism". It’s different to form a consensus between liberalism justice theory and communalism justice theory, they both stubborn to their own theoretical framework, mutual interrogation with each other, this reflect the contemporary justice theory’s dilemma. The manifestation of the dilemma is that the justice theory incoherently logic, different basis of values and difficult to confirm, even break away from the real life. Hence generated a lot of adverse effects to the practice of the justice theory, leaded to lots of puzzles in justice practice, the standard, assessment, regulatory guides of justice have lost the proper theoretical support.Of course, the contemporary western justice theory fall into dilemma doesn’t means that all kinds of justice theories are totally wrong, or they have no effect to the real life and even should be denied and abandoned. This paper strive to demonstrate that:the dilemma of contemporary western justice theory reflection that the thinking and way of argument have fallen into an impasse, rooted in mutual difficulty to refute the theory position or theoretical base point. Therefore, the way out of the contemporary justice theory lies in using the "meta-philosophical" approach to rethink its roots and re-build justice theory’s basis points. In this paper, from the perspective of historical materialism to rethink the contemporary western justice theory dispute, consider that liberalism and communalism respectively use virtual "human nature" and "community" as the theoretical basis points, to develop their own justice theory, which is the root cause of the trouble. And the implementation of the justice theory basis points up to the "the action human in the history", might be appropriate and worthwhile recommendation to the justice theory way out. In this paper the main point includes four parts:Part Ⅰ:Review the concept of justice’s evolution in the history of Western thought, and confirm the importance of argumentation the "legitimacy" of the justice theory. Meanwhile, summarize the mainstream contemporary western justice theory, to provide necessary "material" for the following analysis.Part Ⅱ:Clarification the mainly performance of the contemporary justice theories dilemma, that is, the incoherent of the justice theories logical system, which resulting in the daily practice of justice into a dilemma. To make basic judgment of the contemporary Western justice theory dilemma, put forward the necessity of "meta-philosophy" analysis.Part Ⅲ:Analyze the contemporary western justice theory with the "meta-philosophy", Rooting out the theoretical basis of the liberalism and communalism, respectively, "abstract humanity" and "false community" and indicating the unreasonable parts, then analysis the formation causes.Part Ⅳ:With the basic position of historical materialism as "ruler", to explore the theoretical basis point of proper justice theories. Coupled with the "the action human in the history" as the appropriate point, make recommendation responds to the predicament of the contemporary western justice theories.