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Discussing social contracts and social justice——The connotation of Xunzi’s “conventional customs” thoughts
Author: Huang Yusong
Source: Author Author Authorized Confucian Network, Original from the third edition of “Zengzixue Journal”, Shanghai Sanlian Bookstore 20211 Yue
[Abstract] Xunzi’s “conventional customs” thinking contains the common concept of “contract” and can be used for the “social contract” problem in political philosophy; and this is closely related to the “social justice” problem, that is, the theoretical structure of “benevolence → righteousness → gift” in Confucian righteousness. In this meaning, social contracts are the result of “conventional customs”, both in touching and justifying the principle, that is, social contracts must be based on benevolent energy; and in touching and fitting the principle, that is, social contracts must be based on the basic career methods of a specific era.
This article discusses Xunzi’s idea of ”convention and customary achievement” to discuss the relationship between social contracts as a model of political philosophy and social justice. To this end, two points are clearly defined:
1 is the relationship between social contracts and ordinary contracts. On the one hand, the concept of “contract” in political philosophy, as Jean-Jacques Rousseau said, is a modern concept, intended to remind the source of political power and conform to legal principles; but 彩官网彩彩On the other hand, this concept does not conflict with the ordinary concept of “contract” and should be regarded as a specific use of the broader concept of “contract”. “Contract” is a legal term, which refers to a agreement between the subject regarding the rights and duties of the relevant parties, regardless of which era and which region they are. Sincerely, Xunzi’s idea of ”convention and customary customs” is not a modern political philosophy concept; but if it is not limited to its connotation of a specific era, it also has the meaning of the common concept of “contracting contract”, so there is an intersection with the concept of “social contract” in modern political philosophy. One of the important tasks of this article is to extract this ordinary “contract” concept and its Confucian connotation from Xunzi’s “contracting customs” thinking, and use it in the “social contract” of political philosophy.
The second is the relationship between social contracts and social justice. The contract problem is essentially a social justice problem. Lusso explained very clearly: “If a decent person follows the right laws to the master, and others do not follow them, the right laws will only benefit and obscene.Yu Zhengshi. Therefore, in order to combine rights and obligations so that justice can achieve its goals, there are agreements and laws. ”[1] This means that social justice is the goal of social contracts, and social contracts are the need for skill in realizing social justice. People sign contracts are to establish a standard or even a system to bind the future behavior of all parties. This clearly belongs to the “regular justice” of the right theory (in The model of the theory of the theory of the theory of the law; the concept of whether the behavior of each party can be justified by the agreement is based on the moral principles of the theory of “behavioral justice”. [2] Just as John (John) As Rawls said, “Right is an important value of social reorganization” [3], righteousness is of course also an important value of contract as a standardized contract. If contract is signed under the same conditions without restraint, then conservation is justified, and contradictory is injustice, which will lead to the destruction of social order.
Xunzi’s “conventional customs” thought is a kind of “Chinese Justice Discussion” [4], Su Zan embodies a more profound thought: it does not only focus on modern social forms, that is, it is not only suitable for modern political philosophy, but also on the common principles of social justice problems that are widely present in ancient and modern times, both in China and abroad, so it can develop the conclusions of modern political philosophy. [5]
1. The principle of justification of social contracts
Reviewing the entire book of Xunzi, there are three places in total, and the contract is discussed on two different levels: one is that the Fuguo Pian” and the King of Kings and the Kings and Dominance Pian, and both are political contracts. Both are political contract issues; the other is that the “Jing Ming Pian” discusses the “Jing Ming Pian” Regarding “convention and customary custom”, it is still a political contract problem in nature, but it is more systematic and deeper.
(I) As a social contract, social contract: “The Rich Country” says: “The Strong Country” is difficult to maintain the country: It is difficult to make violent countries, and it is easier to make violent countries. If you do it with gifts, The goods are single and the relationship is not tied; if you promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a wise king. [6]
Xunzi’s discussion in this discussion, especially “the promise to be a promise to be a promise to be a promise to be a promise to be a member of the country and be aware of it, so the wise king is not right. [6]
The discussion of Xunzi, especially “the promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a promise to be a The judgment of “swearing, the agreement is decided without a day” gives people the impression that it is not true of the international alliance. It is impossible to recognize that Xunzi’s words can be a practical interpretation of the international status of wartime. But it must be pointed out that Xunzi cannot deny the international alliance, but rather emphasizes the determination of whether the goodness of domestic politics is the result of the international alliance; whether the international alliance can be reliable depends on whether politics can have a “one-man way”(The way of collective governance). Therefore, he continued:
The cultivation ceremony must be carried out in a magistrate, the death to be promoted to a magistrate, the political affairs must be brought into a magistrate, and then the movement will be carried out in a magistrate, all things will be carried out in a magistrate, and the people will be born under the magistrate. In this way, those who are close to each other will compete with each other, and those who are united in high and low will be dedicated, and the three troops will be together. The reputation is enough to be violently burned, the power is enough to beat it, and the bow is enough to bend it, and all the powerful countries will be sent to the enemy, just like fighting against the enemy. [7]
What should be paid special attention to here is what is said: “If you practice the tribute, you will be a magnanimous court, if you die, you will be a magnanimous official, and then you will be a magnanimous official, and you will be a magnanimous official, and you will be a magnanimous person.” This is exactly what Confucius said, “With a magnanimous gift” [8]. Wang Xianshu’s note: “Qi is a holistic one. The memorial is a verse of the gift. It is said that there are gifts at all levels.” [9] As everyone knows, “Xunzi always regards gifts as his priest when studying and governing”[10], which is one of the characteristics of Xunzi as his Confucianism. Xunzi pointed out: “Tao is the age of the law and the greatness of the category, so learning is at the end of the gift, which is the ultimate virtue.” [11] Xunzi talked abo
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