How Is The Justification Of Justice Possible

Social order is closely related to social Normativity.Normativity is the basic element of social order,and the most important normative concept applicable to the justification of social order is justice.Due to the diversified development of the world,a variety of normative forms of justice have emerged,and a social justice order with multiple values has also been formed.How to coordinate the tension between contemporary pluralistic development and unified justice order has become the core issue of political philosophy.Facing this contemporary problem,as the leader of the “Fourth Generation” of Frankfurt School of Critical Theory,Rainer Forst proposed a new concept of justice,namely,the justification of justice.Based on the theory of “the right to justification”,this conception of justice criticizes and analyzes the unfair phenomenon existing in the diversified development,re-examines the normative basis and core issues of justice,reconstructs the relationship between human and society,and tries to find a unified normative order of transnational justice.In Forst's view,human beings,as justifiable being,not only have the ability to justify or take responsibility for their beliefs and actions by giving reasons to others,but in certain contexts they see this as a duty and expect that others will do the same.In fact,human beings find themselves in an order of justification,and the justice is an activity of justification.The reasonable justification for a conception of justice goes back to a single root: “The Right to Justification”.Based on the core concept of“The Right to Justification”,this thesis elaborate the construction process of “the right to justification” in three fields: as the basis of moral normativity in the moral field,as political discourse power in the political field,and as human rights in the context of transnational justice,and tries to answer the core question of Forst's critical theory of justice in the relationship of justification among individual,society and transnationalism,that is,how is the justification of justice possible? Forst's critical theory of justice tries to coordinate the complex power and right relations between individual and society,society and state,states and the world,so as to provide theoretical and practical basis for solving the tension between the demands of pluralistic development of the world and the requirements of unified justice order.The first chapter makes a systematic exposition of the reasons for the study of Forst,Forst and his academic experience,the research review at home and abroad,as well as the significance,methods and framework of this thesis.This is the premise for us to further study Forst's critical theory of justice.The second chapter traces the background of Forst's critical theory of justice and the definition of key concepts.From the background of the society,Forst believes that the foundation of contemporary justice is facing three challenges: the theoretical crisis from monism to pluralism;the separation of normative and realistic;the crisis of moral dialectics in the context of transnational.From the theoretical background,Forst's critical theory of justice is the criticism,inheritance and development of Kant,Rawls and Habermas.In addition,this chapter defines and analyzes the key concepts in Forst's critical theory of justice,so as to provide theoretical support for the subsequent analysis.Finally,this chapter makes an overall evaluation on core content,main purpose and logic construction of Forst's critical theory of justice.The third,fourth and fifth chapter are the key points of this thesis.Among them,the third chapter mainly elaborates the moral confirmation of “ the right to justification ” as the normative basis.On this issue,Forst developed a practical philosophy of Kant,who regarded man as an independent rational subject.“The right to justification” is the basic moral right of an independent individual.The validity of this moral right is understood as mutual and universal autonomy in all human beings,and everyone has the right to object to any given unjust normative claim.As a universal moral standard,the view that proving right is a kind of moral right and obligation is applicable to every member of human moral community.The fourth chapter attempts to expounds the construction of “the right to justification” as the power of political discourse.Forst believes that the establishment of “the right to justification” in the moral level is very fragile and vulnerable to the threat of domination and violence.Only under the guarantee of political construction,the power of political discourse based on “the right to justification” provide critical narrative justification for the construction of moral norms in political society.And in the process of narrative justification,it will eventually move towards the normative order of justice.Forst believes that the problem of justice lies in the ownership of power,and the essence of power is the power acting on the other's rational space,which is manifested in the degree of openness to the discourse power in the rational space.The unfair form of power disturbs,distorts and even closes the rational space,and excludes people from the process of decision-making,which makes people lose their independent “the right to justification”.However,Forst's concept of “Noumenal Power” goes beyond the dichotomy of “Noumenon” and “Phenomenon”,affirming that human beings is the noumenon that shapes behavior based on rationality.Therefore,in its political construction,“the right to justification” has changed from a simple moral right to political discourse right,which is an “undeniable”political and social right of anyone.It not only protects a person's dignity from the influence of improper behavior,but also enables a person's self-determination and autonomy to be realized.The fifth chapter elaborates “the right to justification” as a human rights of transnational justice.Forst believes that the social justification relationship,constructed by the “the right to justification” in moral and political aspects needs to be expanded and explored in the process of globalization how to get rid of multiple domination and violence within and among countries,so as to realize the normative order of transnational justice.Forst believes that transnational justice provides a new choice for the traditional concept of justice in the world.Through the analysis of the multiple power relations between injustice and domination in the transnational context,Forst regards the concept of “the right to justification” as a kind of the concept human rights of transnational justice with cultural neutrality and cultural sensitivity.This concept has been proved to be transnational,contextualized,undeniable and universally effective.The concept of transnational human rights is the primary weapon against multiple exploitation and oppression of human beings,which is the essential requirement of pursuing emancipation and establishing a unified just and normative order.Finally,the conclusion analyzes Forst's critical theory of justice as a whole.On this basis,this thesis evaluates the value and limitations of his critical theory of justice.Through the overall analysis and evaluation,this thesis holds that no justice theory can solve all the social justice problems once and for all,and there is no exception to Forst's theory.Nevertheless,Forst's critical theory of justice still makes us believe that in the process of pursuing the development of a pluralistic world,we should always pay attention to the essence of “the right to justification” arising from defending the priority of justice,which is a kind of discourse power for people all over the world to pursue dignity and liberation,and it is a solid fence to safeguard a better life.In order to realize the concept of justice,we must constantly reflect on and criticize the theory itself,and always put all people's discourse in discussion and negotiation.Forst's critical theory of justice gives all individuals the equal discourse right,in which the freedom and liberation can be realized.It must be aware that those who are exploited and oppressed cannot do without justice having a voice and daring to speak.Their claim must be audible,for this is the real foundation of justice.