罗尔斯“正义优先于善”思想之人性依据

"正义优先于善"思想是罗尔斯正义论思想的核心观点之一,罗尔斯提出"正义优先于善"的思想,有其深刻的人性依据。人具有自然性、社会性和精神性,这种一体三维结构决定了人须追求幸福、正义、崇高三大价值。     

Justice and the Foundations of Economic Thought

A bstract . Justice in the economy is a subject of renewed interest among contemporary economists. In the growing literature, Joseph A. Spengler's Origins of Economic Thought and Justice may become a standard reference work. Its great merit is the way it handles values and value judgments. Economics as an objective science cannot tell us anything about ends, Spengler holds, but it illuminates Valuation and facilitates isolation of costs and some benefits of realizing ends. Still, economists "need to base their policy-oriented arguments on distributive justice and not on efficiency. "     

Justice As Subject and Object of Planning

Considerations of justice have moved to a central place in planning theory following Susan Fainstein's (2010) eloquent plea to elevate justice to the principal criterion for the evaluation of planning practice. Justice based on this understanding is the object of planning—the normative end that planning practice should strive to achieve. In this essay I explore the implications for planning theory and practice of making justice the subject rather than the object of planning. This formulation places justice at the center of rather than regarding it as the outcome of practice: what is of concern here is planning as the practice of justice rather than the justice of planning practice. The question for planning in this mode shifts from ‘Is this a just outcome?' to ‘What is justice in this situation?'. Based on John Dewey's pragmatist philosophy, this question transcends the dualisms between subject and object, and process and outcome, by understanding outcomes as already formulated (what Dewey called ends‐in‐view) in the process of their production. A planning process that takes justice as its subject is anti‐foundational and contextual rather than universal, anticipatory rather than retrospective, generative of solutions rather than evaluative of outcomes, culturally encompassing rather than project‐delimited, and inclusively democratic rather than expert‐driven. Examples from a variety of sources illustrate the practice of justice as the subject of planning.     

The tails of justice: A critical examination of the dimensionality of organizational justice constructs

Justice experiences are proposed to demonstrate a normal distribution with very fair and very unfair experiences being relatively rare and the majority of experiences in the middle of the distribution. Further, it is the extreme experiences of unfairness and fairness that are most important in shaping behavioral reactions to fairness. The reliance on traditional Likert-type measures to assess organizational justice constructs and use of linear correlation-based statistics has limited the opportunity to observe these effects. Two proposals for developing new measures that could enhance our understanding of the tails of justice distributions include: (a) develop a zone of tolerance model to assess violations and “more than fair” tails of the fairness distribution and (b) examine baseline levels of fairness and the influence of these baselines on reactions to specific justice events.     

Trust in the employer: the role of high-involvement work practices and procedural justice in European organizations

Despite the central role of trust in the organizational sciences, we know little about what makes people trust the organizations they work for. This paper examines the antecedents of employees' trust in their organizations drawing on survey data from over 600 European professional workers and managers. The results revealed direct as well as indirect relationships of both human resource (HR) practices and procedural justice with trust. The relationships of both HR practices and procedural justice with trust were partially mediated by perceptions of organizational trustworthiness (in terms of perceived ability and trustworthy intentions of the organization). Justice and HR practices were also found to interact such that justice forms a stronger predictor of trust in organizations when HR practices are less developed. In addition, employees' dispositional propensity to trust explained significant variance in employee trust in their organization, even when it was controlled in our analysis. The implications of these findings for research and practice are discussed.     

An Investigation of Justice in supply chain relationships and their performance impact

Justice is important in improving performance of supply chain relationships. However, the role of justice in improving performance in supply chain relationships is an under-investigated subject in the literature. In studying the joint impact of justice dimensions, the traditional assumption is that the three forms of justice interact with each other in a multiplicative manner. However, this assumption creates a managerial problem as discussed in this paper. We outline a different view of how the justice dimensions interact with one another utilizing the constraining factor model (CFM). We show that the CFM resolves some of the problems arising from the choice of multiplicative interaction of justice measures on performance. Specifically, we demonstrate that an increase in procedural, distributive or interactional justice results in a significant and positive improvement in performance only if the specific justice dimension is the constraining factor in the relationship. Overall, our analysis suggests that all three dimensions are important and a high level of one of the justice elements will not compensate for a low level of another, a view that is put forward by a number of past research studies in justice. We discuss the theoretical and managerial implications of our findings.     

Exploring justice judgment patterns in Asia: a four country multi-group latent class analysis

We explore workers’ justice judgment patterns to understand how they use information to assess fair treatment at work. Justice judgment patterns are the unique set of information that individuals draw upon and use when evaluating the overall fairness of an entity. Data from four samples of workers from Malaysia, Cambodia, the Philippines, and China were analyzed using a multi-group latent class analysis. Results suggest four classes of justice judgment processes, three of which represent different patterns of heuristic processing. Comprehensive processors use a wide range of information when making justice judgments, while minimalist processors consider a limited range of information. Reward-focused processors focus on distributive justice cues and treatment-focused processors specifically attend to interpersonal justice cues while neglecting distributive justice cues. The latent class structure shared conceptual meaning across countries but the patterns had different rates of representation. Findings suggest that individuals do not always use complete information when assessing how fairly they are treated at work. Many appear to use heuristics that emphasize minimizing information processing, instrumental outcomes, or more relational outcomes. Results and implications are discussed.     

上市公司的“信息界圈”现象及其治理

文章以费孝通先生的"差序格局"理论和罗尔斯先生的公正理论为分析框架,在对"信息界圈"现象分析的基础上,进而从空间维度提出缩小"圈内"空间扩大"圈外"空间以及从时间维度提出缩短信息传递周期的"一站式"信息发布模式,为治理我国上市公司信息传递过程中的"信息界圈"现象,实现上市公司信息传递过程的信息公正提供理论支持和对策建议。     

“Imagine That—A Wildcat at Biomed!” Organizational Justice and the Anatomy of a Wildcat Strike at a Nonunion Medical Electronics Factory

Although the occurrences of wildcat strikes are inextricably linked to violations of organizational justice, only a minimal amount has been written with respect to the relationship between the occurrence of organizational injustice and the presence of employee collective action. And while research on wildcat strikes in unionized settings is fairly extensive, there has virtually been no treatment of nonunion wildcat strikes in the scholarly literature. This paper presents an industrial ethnographic account of a nonunion wildcat strike in terms of analyzing the conditions and process under which a breakdown in organizational justice leads to employee collective action. In analyzing this nonunion wildcat strike, Sheppard, Lewicki, and Minton's seven propositions are utilized to understand the conditions under which a breakdown of organizational justice increases the likelihood of the occurrence of employee collective action (Sheppard, B. H., Lewicki, R. J., & Minton, J. W. Organizational Justice: The Search for Fairness in the Workplace. New York: Lexington Books, 1992). The paper concludes with a discussion of an inexpensive human resource management practice that can be implemented for achieving some type of organizational justice in order to minimize the occurrence of nonunion wildcat strikes.     

Towards a re-examination of work arrangements: An analysis from Rawls' Theory of Justice

Using Rawls' Theory of Justice, this paper critically examines the systemic fairness of work arrangements. The analysis suggests that the simultaneous use of different work arrangements, such as knowledge-based employment and contract work, often seems to conflict with the principles that, according to Rawls, would make them a fair manner of managing people in organizations. Possibly, this could explain the growing social debate and concern about the new modes of employment. This work underscores the need for researchers to develop a systemic and more critical view of the idea of justice in HR literature so that it can confront its critics and acquire greater social legitimisation.     

Leader‐Member Exchange,Group‐ and Individual‐Level Procedural Justice and Reactions to Performance Appraisals

Previous research has established that relationships with authority figures and procedural justice perceptions are important in terms of the way in which employees react to organizational procedures that affect them. What is less clear are the reasons why exchange quality with authorities is related to perceptions of process fairness and the role of procedural justice climate in this process. Results indicate that individual‐level perceptions of procedural justice, but not performance ratings, partially mediate the relationship between exchange quality and reactions to performance appraisals, and that procedural justice climate is positively related to perceptions of procedural justice and appraisal reactions. These results support a more relational than instrumental view of justice perceptions in organizational procedures bound by exchange quality with an authority figure. Our study suggests that it is essential for managers to actively monitor and manage employee perceptions of process fairness at the group and individual levels. © 2015 Wiley Periodicals, Inc.     

县域金融支持县域经济发展的若干思考

郡县治,天下安。司马迁《史记》认为:"县集而郡,郡集而天下,郡县治,天下无不治。"县域涵盖城镇与乡村,具有承上启下、沟通条块以及连接城乡的枢纽作用。由于县域不仅有农业,还有非农业,因此,不仅是宏观和微观以及城市和农村的结合部,更是统筹城乡发展的关键载体。由于县域经济在联结城乡经济中起到了桥梁和纽带的作用,从而在我国的国民经济体系中占有十分重要的地位。加大县域金融对县域经济的支持力度,对于实现国家"十二五"规划的战略目标以及加快全面建设小康社会的进程具有十分重要的意义。     

关于刑事被害人救助制度若干问题的思考

在我国的刑事案件中,由于种种原因刑事赔偿难以兑现,多数受害人的家庭因此陷入了艰难境地。党的十七大指出：必须在经济发展的基础上,更加注重社会建设,着力保障民生和改善民生。而建立健全刑事被害人救助制度,不仅是国家对弱势群体的关怀,更是化解社会矛盾,维护社会稳定,促进社会和谐稳定的根本需要,是彰显司法人文关怀,实现刑事司法现代化的重要途径。     

In Defense of the Exclusionary Rule: What It Protects Are the Constitutional Rights of Citizens, Threatened by the Court, the Executive and the Congress

A bstract . The attack upon the judicial rule that evidence seized in contravention of a person's constitutional rights shall be excluded from his trial, regardless how damaging to the prosecution's case—an attack advocated by Chief Justice Burger and President Reagan —rests upon a misunderstanding. This rule, the exclusionary rule , has not resulted in acquittals that would not otherwise have occurred. And it does, and has, protected the innocent as well as the guilty. The rule was fashioned by the Supreme Court of the United States to safeguard constitutional rights. These rights cannot be abridged constitutionally by the executive or the legislature; they can, but should not, be modified by their creators, the Justices, for they exist to check unconstitutional and illegal acts by agents of the State.     

2. The Democratic Peace Myth: From Hiroshima to Baghdad

This paper examines the ideal of the democratic peace and the recent misuse of this ideal in the war on terrorism. It argues against the idea that aggressive military force can be employed to bring about the ideal of the democratic peace. By looking at John Stuart Mill's utilitarian justification of benevolent despotism for "barbarians," it examines how idealism can lead to a defense of aggressive intervention. And it considers how idealistic zeal can lead to violations of just war principles, as in the case of Hiroshima. It concludes by arguing that Kant's deontological approach is better. Kant provides us with a reason to hope that as democracy spreads, peace will spread as well. But Kant also prohibits us from using force to actualize this ideal.     

11. Toward Lasting Peace: Kant on Law, Public Reason, and Culture

Kant helps us understand the conditions for peace by reminding us that lasting peace requires both cosmopolitan legal reform and individual moral improvement, including resistance to egoism and the cultivation of cosmopolitan attitudes. The duty to pursue peace includes the duty to promote the rule of domestic and international law and work against its unilateral subversion. The juridical cosmopolitanism of a worldwide league of free peoples enables resistance to the dangers posed by authoritarian regimes and their dangerous willingness to manipulate their subjects and ignore international law. Constraining egoism enables people to overcome the tyranny of their desires and cultivates a sense of affiliation with the larger community of humanity in general, providing the moral foundation needed to support a cosmopolitan legal order. Moral development to a great extent is fostered through the arts and humanities, and a robust cultural life therefore ought to play a central role in the pursuit of global peace.     

Adaptation and Mitigation amid the Consequences of Failure

Societies once could choose between changing direction or dealing with climatic disaster; now it is necessary to do both at once. The best-laid plans for mitigation would be hard enough to fulfill in a stable climate, but they will be vastly harder in the climate chaos ahead. If simultaneous mitigation and adaptation are still achievable, such a difficult balance cannot also take on the burden of supporting unrestrained economic growth. The failing efforts so far have been dominated by a search for synergistic ways to mitigate, adapt, and grow economies at the same time, while wishing away the predictable trade-offs between these goals. Wealthy polluting countries have enforced this optimistic spirit in international climate debates, in part to counter the language of loss and damage, which they have seen as a direct challenge. Key to their effort has been a reframing of adaptation that flips the focus from the vulnerability of exposed populations to their resilience. However, the reality of implementing plans for resilience is running into problems, and those populations are instead taking up the banner of climate justice. Debt- and disaster-plagued Puerto Rico illustrates the failure of both adaptation and mitigation through growth and the promise of climate justice as a means to articulate other forms of balance.     

The relationship between economic freedom and peace

Classical liberals have long held that free markets foster peaceful societies. Many argue that free trade between nations will foster economic interdependence, and peace should ensue as a result. Nevertheless, there are many dissenters. While exploring the relationship between free trade and peace is important, it is only one part of ‘economic freedom.’ More research needs to be conducted to see how countries with high levels of entrepreneurship, low levels of corruption, independent judiciaries, and sound regulatory environments might be fostering peace.     

空间正义:形成、内涵及意义

社会科学的"空间转向"、新社会运动的发展以及多个学科不同路径的研究共同开启和推动了关于"空间正义"的思考.在众多学者研究的基础上.本文从空间和正义两个角度对"空问正义"概念进行了阐释."空间正义"不仅是正义在空间的表现,而且植根于空间和空间生产的过程,受空间所强化的支配和压制的影响.为使其更具政策意义,本文较为详尽地分...     

7. Relevant Hellenic Factors Favoring Effective Dialogue and Peaceful Coexistence

The paper presents and analyzes the war/peace issue in the Hellenic tradition and its relevance to the contemporary world. It is focused on some of the Hellenic factors that were successfully used in antiquity to overcome conflicts and war and to achieve a harmoniously existing world. The factors that can be used as paradigmatic cases are the conceptions of divine kosmos and of polis ; effective dialogue; the education of rulers and of citizens so as to be able to govern themselves and use their power in order to preserve civilization for posterity and to sustain their values, to oppose stasis and to embrace homonoia , to overcome conflicts and to preserve peace in more than two hundred city-states. In addition, I argue that the long and rich Hellenic experience is relevant to our epoch in the sense that it is universally known for its anti-polemic policy and its peace movements. Conceptions such as kosmos and organismic polis, the practice of laws and of homonoia , or friendship, can contribute to the solution of our local and world problems and the prevention of contemporary violence, terrorism, and wars. They can be used by future generations as a model of how to prevent the repetition of another holocaust, of any extermination of human beings by human beings (Dachau), or of any war tragedies (bombing of Hiroshima and Nagasaki). They show, above all, how humanity can achieve a lasting world peace.