Kuquradi (1994), in a paper entitled "The concept of Justice," makes a determination in terms of the situation of injustice by comparing individual situations. In her opinion, when we consider the injustice in ind...Kuquradi (1994), in a paper entitled "The concept of Justice," makes a determination in terms of the situation of injustice by comparing individual situations. In her opinion, when we consider the injustice in individual situations, we consider two different things and compare them through a third (middle) term. In other words, we consider: (1) some things that a person possesses at a certain moment, (2) the things that another person possesses at a certain moment, and (3) we compare human beings as a species, in respect of the actualisation of the human potentialities at this historical moment. From the Ku^uradi's point of view, conceptualization of the idea of justice, that is, giving an answer that can be established by knowledge to the question of "what is justice?" is the inevitable condition for surpassing this situation (1994). But, here we may claim that the situation of injustice can be surpassed by the feeling of respect for human being in the Kantian sense without the conceptualizing the idea of justice as a precondition. If certain persons who actualize the human potentialities in a higher degree than others at the same historical moment and act with a will determined by the law of moral, shall inevitably be respected by other persons who have not yet actualized such potentialities in themselves. It seems that the appearance of this feeling is possible only through a moral education in the Kantian sense, through which persons who have actualized human potentialities in a higher degree will possess a will determined by the moral law.展开更多
阿尔弗雷德·汤普森·丹宁(Alfred Thompson Denning)是第二次世界大战以后英国最著名的法官和享有世界声誉的法学家之一。他从1923年当律师,1982年在英国民事上诉法院院长(Master of Rolls)的任内退休。在近60年的法律生涯中,...阿尔弗雷德·汤普森·丹宁(Alfred Thompson Denning)是第二次世界大战以后英国最著名的法官和享有世界声誉的法学家之一。他从1923年当律师,1982年在英国民事上诉法院院长(Master of Rolls)的任内退休。在近60年的法律生涯中,他积累了极为丰富的法律实践经验,积极、大胆地参与英国战后的法律改革,并作出了重大贡献,成为英国战后法律改革史上划时代的人物。展开更多
文摘Kuquradi (1994), in a paper entitled "The concept of Justice," makes a determination in terms of the situation of injustice by comparing individual situations. In her opinion, when we consider the injustice in individual situations, we consider two different things and compare them through a third (middle) term. In other words, we consider: (1) some things that a person possesses at a certain moment, (2) the things that another person possesses at a certain moment, and (3) we compare human beings as a species, in respect of the actualisation of the human potentialities at this historical moment. From the Ku^uradi's point of view, conceptualization of the idea of justice, that is, giving an answer that can be established by knowledge to the question of "what is justice?" is the inevitable condition for surpassing this situation (1994). But, here we may claim that the situation of injustice can be surpassed by the feeling of respect for human being in the Kantian sense without the conceptualizing the idea of justice as a precondition. If certain persons who actualize the human potentialities in a higher degree than others at the same historical moment and act with a will determined by the law of moral, shall inevitably be respected by other persons who have not yet actualized such potentialities in themselves. It seems that the appearance of this feeling is possible only through a moral education in the Kantian sense, through which persons who have actualized human potentialities in a higher degree will possess a will determined by the moral law.
文摘阿尔弗雷德·汤普森·丹宁(Alfred Thompson Denning)是第二次世界大战以后英国最著名的法官和享有世界声誉的法学家之一。他从1923年当律师,1982年在英国民事上诉法院院长(Master of Rolls)的任内退休。在近60年的法律生涯中,他积累了极为丰富的法律实践经验,积极、大胆地参与英国战后的法律改革,并作出了重大贡献,成为英国战后法律改革史上划时代的人物。