霍布斯正义理论的论证策略

Demonstration Strategy of Hobbes' Theory of Justice

霍布斯把自然状态下人的状况还原到一种相互恐惧的状态,并认为人实际上不适合于过社会生活。但人最基本的愿望是免除死于暴力的恐惧,所以正义的根本指向是获得和平。自然法只能是对人们的应然约束,包括外在的应然规则和内在美德,而没有刚性的强制力,所以政治国家的出现就是必需的,其特点就是主权者不是契约的一方,其意志就是大家的意志,并垄断惩罚的暴力,于是战争状态被消除了,所有的权利转让者都能得到平等对待,这就是政治国家的正义性之所在。这种逻辑是严整的,但是由于简化过度,其中的逻辑缺环也所在多有。

Hobbes reduced the situation in the state of nature into being in a mutual terror, and had an idea that people don＇ t suit to living a social life. People ＇. s basic desire is to avoid the terror of dying of brute force, so the aim of justice is to bring peace into being. Natural law is only to constrain subjectively people to obey external rules and internal virtues, lacking the force of coersion. Therefore, the political state is in need. In the political state, sovereignty doesn＇ t join in the constract, its will is the will of all people, and sovereignty monopolies the force of punishment to eliminate the war. Due to the establishment of a political state, the people can treat each other equally, in which the political state＇ s justice lies. This logical demonstration is rigid. However, owing to its over - simplification, there are some missing links in it.