思孟学派的正义观——兼与亚里士多德公正思想比较

思孟学派的义是一种仁之义,它虽然含有合适、合宜、公平、正义等思想,但其精神实质是亲亲、尊尊,它追求的合宜和正义是建立在血亲宗法等级制之上的合宜和正义,而不是一种绝对的平均和平等；同时,也是一种礼义,礼是其外在表现形式,也是仁义得以实行的外在保证；同时,还是一种智义,是建立在实践智慧基础之上的义,是一种智慧和进步的体现.义虽然也体现了一定的理性精神,但它是以情感,即有等差的爱及其推广为基础的,这样的正义观往往会导致徇私枉法,使整体的社会正义淹没在亲情之中.但这并不意味着我们应该完全抛弃情感而沉溺于没有情感的纯粹智慧法律中,我们当代合理的正义观不应该是对情感的弃置,而是应该追求在新的形势下新的适当的情理契合点.

View of Zisi-mencius School Justice on——Also a comparison with Aristotle＇s idea of equity

The idea of justice, in the view of Zisi-mencius school, is a kind of kindheartedness;although it includes elements of appropriateness, fairness and justice, it is in essence a kind of love and respect, with its pursuit of right and jus- tice built on the patriarch clan system of blood, thus being far from an absolute equality. At the same time,it is also a kind of customary ritual, ritual not only being its external expression, but also the external guarantee of the implementation of righteousness. Again,it is a kind of wisdom, a kind of justice based on practical wisdom, and an embodiment of wisdom and progress. Although justice also reflects,to a certain degree,rational spirit, it is emotional justice, namely, an arithmetic love and its promotion, so the idea of justice in this sense often leads to favoritism, getting the overall social justice submerged in family love. But this does not mean that we should completely abandon emotion and addict to pure and emotonless wisdom and law. The idea of justice, against modem understanding, is supposed to be a pursuit of new appropriate agreement of emo- tion and rationality,instead of a complete abandonce of feeling and emotion.