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柏拉圖觀點： 正義

In the introduction of Plato’s Republic, a very important theme is depicted. It is the argument of whether it is beneficial for a person to lead a good and just existence. The greatly argued position that justice does not pay, is argued by three men Thrasymachus, Glaucon, and Adeimantus.

First, we must explore the basis of the moral skepticism argument in The Republic, given by Thrasymachus. Thrasymachus’s view follows the disbelief in morality that was common during the time. The principle part of his argument is, the interests of the stronger (or ruling) party in a society are what define justice. Some believe this is true because many societies think of justice as having to do with law and order. If that is so, it is only fair to say that since the laws are made by a ruling power, it must define justice. He also points out the ability that rulers had to exploit justice in their own interests.

Beyond this basic, yet essential description of moral skepticism, Thrasymachus’s argument begins to fall off. Socrates makes a few very strong refutes, which will be discussed later, and seems to dishearten the argumentative spirit of Thrasymachus. The argument begins to fall apart when he is forced to restate his main point. The restatement is that ordinary morality is simply the behavior imposed by exploiter on the exploited, and thus is someone else’s interest. In this version of his original point, he also touches on a very important fact that, in everyday life, the pursuit of self-interest is natural and just.

馬丁·路德金和圣托馬斯·阿奎那對法律的理解

Martin Luther King writes in Letters From Birmingham Jail that a just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law.

To put it in the terms of St. Thomas Aquinas: an unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.

懲罰的公正性不唯一

Again, when the legitimacy of inflicting punishment is admitted, how many conflicting conceptions of justice come to light in discussing the proper apportionment of punishments to offences. No rule on the subject recommends itself so strongly to the primitive and spontaneous sentiment of justice, as the bex talionis, an eye for an eye and a tooth for a tooth. Though this principle of the Jewish and of the Mahometan law has been generally abandoned in Europe as a practical maxim, there is in most minds, a secret hankering after it; and when retribution accidentally falls on an offender in that precise shape, the general feeling of satisfaction evinced bears witness how natural is the sentiment to which this repayment in kind is acceptable. With many, the test of justice in penal infliction is that the punishment should be proportioned to the offence, meaning that it should be exactly measured by the moral guilt of the culprit (whatever be their standard for measuring moral guilt), the consideration, what amount of punishment is necessary to deter from the offence, having nothing to do with the question of justice, in their estimation, while there are others to whom that consideration is all in all and who maintain that it is not just, at least for man, to inflict on a fellow creature, whatever may be his offences, any amount of suffering beyond the least that will suffice to prevent him from repeating, and others from imitating his misconduct.

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