On The Organic Combination Of Institutional Justice And Virtue Justice From The Perspective Of Modernity

Social justice is the eternal proposition of political philosophy,and the principle of justice is the core issue of justice theory.Liberalism is in an absolute dominance in the modern modern justice theory.This theory of justice is based on the abstract rational person's concept,advocating institutional rationality,and lacking morality.In modern times,Chinese society has actively absorbed and borrowed Western modernity theory,especially in the issue of social justice.At the academic level,the issue of justice should cover both the system and the consciousness of moral consciousness.Therefore,the only reason for the institutional rationality is that the thinking is not only in the academic sense,but also in the actual sense.At the same time,the previous theoretical research on Chinese and Western justice cannot remove prejudice in attitude,and there are defects in the method,which cannot accurately restore the true face of justice.These are worthy of reflection.However,this article is based on the perspective of globalization and the integration of Chinese and Western thinking,and actively explores the possibilities,ways and methods of organic integration of institutional justice and moral justice in the field of modernity.In the introduction,this article will analyze the research background,theory,reality and research attitude,from the research perspective of modernity,research methods,neoliberalism and communitarian debate,Aristotle's ethical thoughts.Resources,the ancient Chinese Confucian justice thought,the contemporary Neo-Confucian modernity thought,and the combination of institutional justice and virtue justice in the context of globalization,combing the research status of the topic,from rationality,source and manifestation The multidimensional argument at the level is modern and diverse.Therefore,from the standpoint of all-round inspection,based on the perspective of pluralistic modernity,establish a global consciousness,follow the basic principles of comparative research between cultures,and be able to correspond and non-equivalent;use some new methods,namely Both China and the West will study the issue of justice by comparing the integration and innovation of justice,moral justice and institutional justice.The first part,through criticism and reconstruction,constructs the basic structure of justice theory: the essence of the subject-the rational use-the principle of justice-the system and norms-the ideal of global justice.Among them,the principle of justice,as the core of the theory of justice,involves not only the interests of individuals but also the interests of the community.In a particular political and cultural context,there is universality of its existence,and in intercultural dialogue,each The principle of justice contained in a unique political culture has its special history.People have the duality of self-sufficiency and self-sufficiency,and the essence of human beings is the sum of the actual relations.Therefore,the person as the subject is the real person and the person in the specific "life world".Rational use is neither a transcendental human presupposition nor a monopoly of natural rationality,scientific rationality,and instrumental rationality,but a unity of institutional rationality and moral consciousness based on the experience of life.The system based on the principle of justice differs from the norm itself,but is committed to achieving social justice.Its domain is not limited to the main institutional aspects of a society,but should cover all social systems and norms;it involves not only the relationship between people,but also the relationship between people and things or between people and nature.Moreover,the application of institutional norms must also follow the principles of legitimacy and suitability.Finally,no matter which kind of principle of justice,the original intention is the pursuit of the ideal of global justice,although there are differences in the way and extent of its realization.The ideal goal to be achieved by the principle of justice should be the realization of human happiness,and harmony between man and man,man and nature.The second part,based on this structure,is an in-depth analysis of the basic content of Western modern institutional justice theory and reveals its limitations.It should be pointed out that modern Western political philosophy is not completely equivalent to institutional justice,and there is no lack of pursuit of moral ethics.Only justice theory dominated by institutional rationality is typical and representative.First,as the subject of theoretical premise,rationality is high.Among them,traditional liberalism emphasizes people as natural flesh,liberalism emphasizes rational people,but these are human nature in abstract sense.Institutional rationality dominates the dominance and is used in the public domain.With regard to the principle of justice in institutional justice,traditional liberalism advocates order justice,and neoliberalism emphasizes fairness and justice.This kind of institutional rational justice theory has defects.Therefore,theoretically discussing the specific operation of the system isinseparable from human virtue,revealing the mechanical nature of institutional justice norms in reality,and demonstrating that the ideal of justice based on this is also imperfect.The third part specifically combs the basic content of the theory of moral justice in Chinese traditional philosophy and reveals its limitations.Here,it is also necessary to clarify that in the traditional Chinese justice theory,it is not entirely moral justice,but also institutional justice.It is not a system and cannot constitute a systematic theory.First of all,it focuses on human beings as the subject of ethics from the perspective of humanity and love,and strictly distinguishes between "intelligence" and "knowledge" and emphasizes the moral consciousness of the subject.The "righteousness" as the principle of justice includes two levels,namely "positive" and "appropriate".Starting from "positive",distinguishing between "positive body" and "positive ritual","positive self" and "positive things",indicating that the core of "positive" lies in benevolence,and the most concentrated expression lies in the regulation of interest behavior.At the same time,the specific connotation of "fit" of "righteousness" is specifically demonstrated from the two aspects of time and place.Finally,it is profoundly demonstrated that the traditional Chinese moral justice thought pursues the ideal state of harmony and happiness including the coordination of differences.The fourth part,first of all,demonstrates the pursuit of all-round development of people with the vision of global justice.Further analysis of the theory of institutional justice and virtue justice on the nature of human beings and the pursuit of happiness value and lofty value respectively indicate that both have limitations.According to Marx's thoughts on the sum of all social relations in reality,the logical starting point of social justice is the reality of people based on practice,indicating that people are not pursuing individual happiness or sublimity,but happiness and loftyness in justice.Combination is the all-round development of people.Therefore,it is possible to theoretically demonstrate the integration of institutional justice and moral justice from the essence of the human being as the subject,from the theoretical perspective,the institutional norm implies the virtue,and the morality nourishes the institutional norms.At the same time,learn from the historical facts of East Asian modernization,that is,in the process of modernization development,pay attention to the moral ethics such as harmony and integrity,and demonstrate the importance of combininginstitutional rationality with Confucian ethics to realize social justice.From this,it is concluded that the realization of the ideal of global justice should be based on the people based on actual practice and pay attention to the organic combination of institutional justice and virtue justice.