现代程序正义政治哲学

【Abstract】wWw.shuoshilunwen.com Justice is the eternal focus of philosophy. Before the modern times, the term justice mainly just exists only as criteria to evaluate human behior; after modern times, the concept of justice was specifically increasingly used for evaluation of social system. Procedural justice as an important expressive form of justice has been research focus of the Eastern and Western academic. As a master of the contemporary theory of justice, Rawls started to study justice from distributive justice and introduced the concept of procedural justice into his own justice system, which was the epoch-making significance. However, as the saying goes,“When comments are over the word, vilifications are also over the world”, the justice system constructed through the ultra-Historical ways by Rolls has been widely criticized by Western scholars.In our views, the premise and origin of justice principle can only be found in the history of mankind. Therefore, this paper will study the feasibility, necessity and possibility of procedural justice; show the specific form of procedural justice in different historical periods according to the Marxist’s historical materiali and the variation of the productivity and production. And clarify the limitation and historical transcendence of procedural justice in political sense. At last, we will discuss the modern ideal of procedural justice based on the analysis of historical materiali procedural justice in political sense, with the purpose to carding its factors, integrate its elements and to interpret its ideas, and then to argue the relations between procedural justice and substantive justice.