The Ethical Spiritual Form Of Western Justice Theory

This paper aims at studying the justice form under the concept of ethics and its relevance clue to the evolution of western justice theory.In Hegel’s conceptual system,Sittlicht is defined as unity between individuals and universal objects.But when Sittlicht is used as tool of modernity diagnosis Hegel endowed it with more abundant meaning.Ethical justice refers to the requirement of justice practice in ethical entities,It embodies both virtues in ethical entities,Also manifested as unity of individual and virtue.The former is justice of personal virtue,while latter is moral justice.Ethical justice manifests itself in private community such as family community and other private communities,as well as civil ethics identity spirit in political community.In private domain it corresponds to practical requirements containing multiple good ideas,in politics,it is unity of ethics spirit and public life,completing the unification of social ethics integration and system.Studying the historical forms of western justice theory by ethics,aim at examining the self evolution of justice theory,whether confrontation between justice and ethics produces self diagnosis and consciousness.Therefore,it has important academic significance to examine ethical justice as relevance clue of western justice theory.Traditional forms of justice theory include Greek tradition moral justice form and Christian tradition theological justice form.The traditional theory of justice has obvious characteristics of ethics and essentialism.The justice in the Greek ethical world is characterized by the identity of individual virtue and the essence of the community,On this basis,Plato summed up two justice paradigms: "reason-soul harmony-individual justice" and "ethical spirit-city-state justice-virtue justice",the latter reflects the general form of social ethical justice in the early community.Aristotle’s moral construction of political justice and concrete justice,as well as his understanding of the identity of politics and community,also retains the temperament of ethical justice in the Greek world.However,in the Christian theological world,the secular community is no longer the essence of human beings,and human beings gain equal identity on the level of transcendence.In the divine relationship,the individual justifies God through faith,and the confirmation of the "righteous" comes from an external essence.Therefore,ethical justice is the theological virtue of the individual returning to the essential entity.As far as the ethical entity of "this world" is concerned,although the church and the state have different forms of secular justice,their ultimate basis for justice comes from the justification to God.The integration of politics and religion promotes the understanding of justice in which divine and secular are relatively independent.Protestant theology laid the beginning for the modern spirit of justice.The difference between ancient and modern theories of justice lies in the question of virtue,polis,God and property,and interests.Modern justice begins with the theory of contract.On the one hand,it embodies the equal requirements of individual rights,on the other hand,it embodies the legitimacy of the political body.Although the doctrine of contract has completed the demonstration of human freedom,it has also brought the modern world into an atomized state,and self-interest and negative freedom have become the highest good ideals of the society.Moreover,as far as spiritual development is concerned,enlightenment regards utility as human nature,which inevitably leads to the loss of the ethical spirit of the times.This lays the foundation for the contemporary differences between contractual doctrine and Hegelism.However,the achievements of modern justice theory in freedom and rights have opened up the foundation for the development of modern political civilization.Therefore,there is no doubt that enlightenment plays a transitional role.The contemporary theory of justice begins with the further demonstration of the principle of distributive justice.The common point of liberalism distributive justice is that freedom and right are the basis of distribution,which generally requires universal justice to take precedence over ethical life.Communitarianism holds that liberalism produces an abstract and individualistic social spirit.Therefore,communitarianism advocates that goodness takes precedence over justice.In their response,Rawls and Dworkin put forward an ethical community of political society,which requires individuals to make moral efforts and life ideals for the principle of political justice.The idea of communitarianism is that if individuals take their own happiness ideals seriously,they can also form a pluralistic ethical community in the pluralistic common cause.Although the two are different in the view of the unity of personal goodness and common goodness,as far as the spirit of social ethics and justice is concerned,they are both seeking lofty attempts.The form of procedural justice and the form of recognizing justice under the communication theory is another important form of the contemporary justice theory.Habermas’ view of justice is formal,legal and procedural,and he believes that ethics should also follow the principle of "ethical negotiation".In Honneth’s view,Habermas does not take into account the emotional problems between subjects.he advocates "recognition" between subjects as the standard of justice in ethical and political life,and "recognition" as a standard yardstick.It has the normative requirements of mutual subjects such as love and unity,and the justice of social justice and ethical life will take this as the diagnostic standard.A kind of ethical justice contains the requirements of situational justice based on ethical relations and specific life.The concept of ethics is put forward to diagnose the problems of modern ethics,and it requires a "situational" practical concept,which plays an important role in the understanding of modern justice,which pays attention to abstract justice and negative justice.