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柏拉图观点： 正义

In the introduction of Plato’s Republic, a very important theme is depicted.

It is the argument of whether it is beneficial for a person to lead a good and

just existence. The greatly argued position that justice does not pay, is argued

by three men Thrasymachus, Glaucon, and Adeimantus.

First, we must explore the basis of the moral skepticism argument in The

Republic, given by Thrasymachus. Thrasymachus’s view follows the disbelief in

morality that was common during the time. The principle part of his argument is,

the interests of the stronger (or ruling) party in a society are what define

justice. Some believe this is true because many societies think of justice as

having to do with law and order. If that is so, it is only fair to say that

since the laws are made by a ruling power, it must define justice. He also

points out the ability that rulers had to exploit justice in their own

interests.

Beyond this basic, yet essential description of moral skepticism,

Thrasymachus’s argument begins to fall off. Socrates makes a few very strong

refutes, which will be discussed later, and seems to dishearten the

argumentative spirit of Thrasymachus. The argument begins to fall apart when he

is forced to restate his main point. The restatement is that ordinary morality

is simply the behavior imposed by exploiter on the exploited, and thus is

someone else’s interest. In this version of his original point, he also touches

on a very important fact that, in everyday life, the pursuit of self-interest is

natural and just.

马丁·路德金和圣托马斯·阿奎那对法律的理解

Martin Luther King writes in Letters From Birmingham Jail that a just law is

a man made code that squares with the moral law or the law of God. An unjust law

is a code that is out of harmony with the moral law.

To put it in the terms of St. Thomas Aquinas: an unjust law is a human law

that is not rooted in eternal law and natural law. Any law that uplifts human

personality is just. Any law that degrades human personality is unjust.

惩罚的公正性不唯一

Again, when the legitimacy of inflicting punishment is admitted, how many

conflicting conceptions of justice come to light in discussing the proper

apportionment of punishments to offences. No rule on the subject recommends

itself so strongly to the primitive and spontaneous sentiment of justice, as the

bex talionis, an eye for an eye and a tooth for a tooth. Though this principle

of the Jewish and of the Mahometan law has been generally abandoned in Europe as

a practical maxim, there is in most minds, a secret hankering after it; and when

retribution accidentally falls on an offender in that precise shape, the general

feeling of satisfaction evinced bears witness how natural is the sentiment to

which this repayment in kind is acceptable. With many, the test of justice in

penal infliction is that the punishment should be proportioned to the offence,

meaning that it should be exactly measured by the moral guilt of the culprit

(whatever be their standard for measuring moral guilt), the consideration, what

amount of punishment is necessary to deter from the offence, having nothing to

do with the question of justice, in their estimation, while there are others to

whom that consideration is all in all and who maintain that it is not just, at

least for man, to inflict on a fellow creature, whatever may be his offences,

any amount of suffering beyond the least that will suffice to prevent him from

repeating, and others from imitating his misconduct.