论马克思正义观的二重性与现时代的任务

On the Twofold Character of Marx's View of Justice and the Task of Our Time

我们正处在一个追寻正义的时代,但马克思有关正义的文本却似乎包含着一个相互矛盾的判断:资本主义的剥削是正义的,此为正题;资本主义的剥削是不正义的,此为反题。对此,学者们提出了各种消解矛盾办法,但都未能完全成功。实际上,马克思的正义观有着两个不同的维度:一是法权的正义;二是解放的正义。就法权的正义来说,正题是正确的,反题是错误的;就解放的正义来说,反题是正确的,正题是错误的。因此矛盾是虚假的,只是不同的评判标准导致不同的结论而已。法权的正义与解放的正义,各自有着不同的社会功能和实现条件。就我们现时代的任务而言,全面落实法权上的正义要求是当务之急。在马克思看来,落实法权上的正义,必须同时遵循三个原则,即自由原则、同一尺度原则和一致性原则。

We are in an era of seeking justice for our people,but unfortunately there are two opposite theses in Marx's works,the thesis is that the exploitation in capitalism is just,and the antithesis is that the exploitation in capitalism is unjust. So many scholars have proposed various ways to get rid of this contradiction,but all of them have failed because they didn't realize that there is a twofold character in Marx's view of justice,on one hand it is judicial justice,on the other hand it is emancipatory justice. In the view of judicial justice,the thesis is right,but the antithesis is wrong; in the view of emancipatory justice,the thesis is wrong,but the antithesis is right. Just different criteria will lead to different conclusions,so the contradiction is not real. As to judicial justice and emancipatory justice,each of them has different social function and different conditions to realize it.As far as the task of our time is concerned,the full implementation of judicial justice is the most urgent priority. In Marx's opinion,the full implementation of judicial justice needs to obey three basic principles; they are principle of freedom,principle of same measure,and principle of consistency.