Historical interpretation of the principle of justice Cover Image

Історичні інтерпретації принципу справедливості
Historical interpretation of the principle of justice

Author(s): Irina Sydorenko
Subject(s): Ethics / Practical Philosophy, Political Philosophy, Civil Society, Contemporary Philosophy, Philosophy of Law
Published by: Національна академія керівних кадрів культури і мистецтв
Keywords: principles of fairness; universal morality; social relations; civil society; theory of justice; honesty;

Summary/Abstract: In our article we considered the variability of equity principle in different historical periods. The principle of equity does not have an unambiguous interpretation. We are analyzing its new meaning according to the social needs. We are researching the maintenance of this fundamental principle in context of negative forms of the basic rules of morality to the forms of positive understanding of moral law; from the equity like a morality "for yourself" to gaining the meaning of universal moral and ethical principles. Thus, the Old Testament equity is written drawn clearly, unambiguously and has the form of law, but does not provoke the reflection on the act. Determinism of cause-effect relation is clearly detected in pairs "act- award" or "done- punishment". In moral action, based on the own understanding, there is no need. By the Gospel the reasonable for the personal moral responsibility is not regulatory opposition of evil and good, but an absolute imperative of own conscience. Blind imitation of the God’s Laws is not a moral act. Such acting are moral just in form, it can’t exist out of individual morality. Moral philosophy turns to the free of will, to the freedom of choice between good and evil. Classical understanding of equity was developed by Aristotle. The ancient Greek philosopher came out of the fact that the basis of equity is in the definite reward for the merits of everybody. The equity had a meaning of taming of the one individual ambitions and to get what belongs to another. So, in basis of European civilization is a system of individual interconnection between the person and its social environment that combines individualism of interests and common human values. In modern times, the equity is considered as a political and juridical, that is realized in principle of equality of civil right and freedoms and form the basis for bourgeois and liberal implemented in the of civil rights and freedoms, the foundations for bourgeois-liberal principle of "equality of possibility" and provides for equivalence of goods and services exchange. The equity within social and conventional understanding at first was regarded as a social phenomenon. It helped further development of this theory of equity in context of social regulation. The government should guarantee the maintenance of moral duty to eliminate actual inequality and equity in the distribution of public goods. A new form "social morality" was formed during this period in the society of Modern age. The social interaction is the basis of "social morality". The major social institutions appeared at the period of formation of industrial market economy. Regulation standards were aimed to achieve the individual aspirations, new forms of interaction between the individual and society. A new social experience needed the new methods of regulation of social relations. The competitors on the market had to coordinate the adverse interests, find the common values. The interests of market relations came together in common things: tolerance appeared profitable for all competition sides. A regulation of social relationships contributed to public organizations. Legislation was written that took into account the real needs of society. The citizens unions got a power to control the government. An important achievement of that time was the understanding of individual freedom and its reasonable restriction for the harmonious social interaction. Economic prosperity guarantees political, civil and social stability. Interested in it a state authorized itself to control the maintenance of equity and legality. In fact, Aristotle’s’ understanding of equity changed from the entities’ ownership to the social institutions, as mentioned J. Rawls in his "Theory of Justice". We analyzing the Rawl’s concept of justice. He considers the theory of justice as the theory of fairness. According to J. Rawls, a cooperation on mutually beneficial terms would become more effective, to ensure the welfare of all people. So, personal life plans of individuals should be consolidated because their activity is common. A level of the social collaboration can guarantee just socially oriented state with a democratic organization of all institutions and systems. Ethics occurred with the task to open its potential on the empirical level. A pace of life is accelerating: before the society appeared new and new challenges. Yesterday's rules are not always effective. Economic, industrial, political, medical, scientific, educational practice expects its moral standards which can quickly react on the change of social and cultural context. As for social equity today, we mean the basic foundation of any society – its economic success. Thus, there is a need of normative partnerships between business and civil society; measure of moral responsibility of the government to ensuring fair conditions for business; giving social defense of workers, and so on. The state, social institutions and business should be interested in formation of the culture of social relations. It was showed in the experience of advanced countries. The moral of which is "live", involved in the structure of industrial relations. It is noticed, that with its modern context like a "social equity", this principle is obliged to the development of business relations, formation of civil society and their interactions.

  • Issue Year: 2014
  • Issue No: 2
  • Page Range: 8-12
  • Page Count: 5
  • Language: Ukrainian