Discuss Simple Conceptions Of Justice And Modern Nomocracy In The "Outlaws Of The Marsh"

The idea of justice is the issue that legal thinkers rush to study in the Western Legal intellectual history.And opinions are divergent. This paper first comes to a connotation about simple conceptions of justice through Platon, Aristotle and Rawls’s justice.Simple justice shows through the moral conscience, people’s feelings and experience of the law in three forms of expression. Among them, the moral conscience and the people’s emotions are the emotional level, and the rule of thumb is a question of the rational level.Then, as the peak of Chinese novels,"outlaws of the marsh" reflects a number of content of simple justice.This paper explore the marsh background which forms these simple justice, including social origin, political factors, economic life and ethics. And it points out the content of simple justice in the "outlaws of the marsh", including courageous like Lu Zhishen for typical,revenge like Wu Song for typical,equal thoughts like Chao Gaiwei for typical, and loyal thoughts like Song Jiang for typical. These simple justice, is a basic concept in the Water Margin under the background of generally accepted by the public, and is also the concept making a long-term influence. However, these ingrained ideas have a certain distance from the modern rule of law. The spirit of rule of law is a democratic rule of law in the general respect of the law including supreme, fairness and justice, protection of human rights, power constraints, social harmony and other values of the pursuit of the sum and its connotation is very rich.This paper analyzes the present situation of chivalry, justice, equality, revenge royalism in Chinese context.Then this paper reveals the present situation of retributive justice in the context of Chinese. Further this paper points out the path of modern rule of law based on the simple justice view:sticking to the way of combining reason and law, sticking to the relief of public force and private relief together to realize the justice of law, sticking to the modern judicial principle, sticking to the dialectical unity of simple justice and legal justice, sticking to respect for public opinion, supremacy of law, solving the conflict between public opinion and the spirit of law. Most people are in line with the simple public order and good morals and justice to judge the right and wrong things. This sense of justice deeps rooted because of simple ang difficult to change because of simple. But as long as we choose the path of modern rule of law, we must establish a channel between the simple sense of justice and the spirit of modern law. The simple sense of justice in the heart of citizens has always been respected, but it does not mean that it will be able to get the rule of law. And the true spirit of the rule of law is to respect law,cherish rational and apply law on the basis of simple justice.Compared to the simple concept, legal thinking is more mature and rational, less extreme indignation. The rule of law is more important than the simple justice.The realization of justice is specific and realistic,and is a profound theoretical problem and a common practice problem. Starting from Chinese traditional context of simple justice, contacting with the modern rule of law discussing the realization of justice is this paper’s path. Our responsibility is committing to graft a bridge in simple moral and legal values.We may expect ordinary citizens to base on the simple justice, morality and ethics,and grow out rationality and autonomy according with the spirit of law.