Poetic And Capability:A Study Of Nussbaum's Thought Of Justice

What is justice? What can we do to achieve justice? Since the beginning of civilization,people have been constantly discussing and explaining such problems.In the western ethics field,the theory of motivation represented by Kant and the theory of effectiveness represented by Muller revolve around the issue of moral evaluation.These two opposing theories have almost become the answers to the question of justice since modern times.In the 50 s of last century,the revival of virtue ethics opened up an ideological line which is quite different from the theory of obligation and utilitarianism.As a member of the new Aristotle doctrine,Martha Nussbaum,on the basis of the criticism of utilitarianism and Rawls' s distributive justice,put forward a new theory about poetic justice and ability justice.This article is based on the works of Nussbaum's "Farewell to utility","Poetic justice","The frontier of justice" and so on.It aims to analyze and discuss the structure,elements,advanced and practical significance of the justice thought of Nussbaum.The article first discusses in detail the profound connotation of Nussbaum's justice thought.Nussbaum's justice thought is divided into two parts: "poetic justice" and "ability justice".Nussbaum regards "literary imagination" and "emotion" as the cornerstone of poetic justice,emphasizing that in moral evaluation,these two factors play an important role in the judgment of justice.But Nussbaum also realized that the critical power of poetic justice is relatively fragile.So,she inherited the ideas from Aristotle,Adam Smith,especially Amartya Sen,and raised the poetic justice to the level of ability justice.Nussbaum believes that the realization of justice lies in the protection and development of people's ability to conduct feasibility,and boldly put forward the list of human core competencies.Next,the article compares Nussbaum's theory of justice with Rawls' s transcendence.She put forward his opinion on the three justice questions left by Rawls and rebutted Rawls' s view of achieving justice through the distribution of "basic good" and put forward more active equality of ability.She thought Rawls' s research on public sentiment was abstract.Therefore,she made a detailed exposition of the relationship between public sentiment and political stability.The combination of the rule of law and the rule of rule by virtue is the basic strategy of our country for a long time.But in the process of practice,there are still disputes in the academic circles of the combination of "law" and "Virtue",how to combine and how to act on the reality.The argument of the relationship between morality and law by Nussbaum's justice theory provides a reference path for the combination of the rule of law and the rule of virtue in our country.At the same time,it also has some reference for our country to solve the new major socialcontradictions and lead the people to a happy life.The innovation of this article is that at present,the research of NUS Baum mainly focuses on the summary and review of his thoughts.This paper tries to systematically compare the theory of justice with Rawls' s distributive justice in a systematic way,which is rare in the domestic research field.In addition,this article first links the justice theory of Nu Baum with the two people in our country to rule the country according to law,and discusses the significance of Nussbaum's justice theory to the modernization of the rule of law in our country.Although NUS Baum's theory of justice corresponds to the rule of law in western countries,it is quite different from the actual conditions of China,but Nussbaum's argument on the significance of morality to the rule of law is essentially interlinked with our country's adheres to the rule of law and the rule of virtue.It can provide reference for the construction of the rule of law in China.