中国古代正义观的超验之维与歧道之惑

On the Transcendental Dimension and the Misleading Connotation of the Ancient Chinese Justice Concept

正义应以公共利益为依归,但在"家天下"的历史条件下,公共利益的定义权既不能由有统治私利的帝王垄断,也不应由任何有限的个人代表。个人在体现价值权威上的非自足性必然推导出一个虚拟的终极权威,如上帝。这就使正义必须先有一个超验的维度和形上的追溯,才有经验的形下的落实。中国古代圣贤也曾对正义之源作出形上追溯,在"谁之正义"的问题上完成了从"天之正义"到"民之正义"的论证,但在"何种合理性"的形下落实中受到制度不合理性和帝王利益绑架的影响,终使"羲"这只"我羊"亡入歧道。

Social justice, 'the key value among all values',is the common pursuit of every society.The issues of 'Whose Justice' and ' Which Rationality' aroused Chinese and foreign philosophers' close attention in ancient time and it was well established that justice should be built on public interests.In the time during which the concept that 'The World Is Private' was prevalent,public interests,however,should neither be defined by emperors solely nor represented by any restricted persons.The imperfection of individuals representing value authority will be bound to result in such imaginary ultimate authorities as God.Therefore,it is universally accepted that justice requires a transcendental dimension and a metaphysical consideration to be followed by an empirical and physical implementation.After their metaphysical contemplation upon the source of justice,sages in ancient China had completed the evolution from 'the Justice of God' to 'the Justice of the People' on the issue of 'Whose Justice'.Nevertheless,in the course of their implementation of 'Which Rationality',affected by the unjust system and imperial interests,the concept of justice is doomed to possess misleading connotation.