{"title":"论民中参与的司法宪法论坛","authors":"Kang, Won-don","doi":"10.26590/madang..24.201512.5","DOIUrl":null,"url":null,"abstract":"Who are the people who are summoned to discuss what justice is, and how it can be realized? This question has a variety of answers depending on the perspective and the position of the people who ask it. In the history of the concept of justice we can scarcely find any designs of justice from the perspective of minjung. Since Plato and Aristotle the concept of justice has been designed to maintain order and peace in the commonwealth and a conservative conception has shaped the mainstream of this tradition. Nowadays, some have attempted to discuss justice from the bottom, but such discourses have not attracted much attention. Therefore, I think one of the most important issues in the contemporary theory of justice is the question of how a justice forum should be constituted on the basis of minjung’s participation. With such a question in mind, I explore first what it means to look through the eyes of minjung. What looks normal in the view of the people who have vested interests can be seen as turned upside down in the eyes of minjung. If we want to see the world from their viewpoints, we must first hear what they say. Second, I investigate the context in which the concept of justice emerged and developed itself in minjung traditions of the Bible and explore some theological clues for designing justice from the perspective of minjung. I pay attention to the observation that the saving and liberating acts of God started from hearing the voices of the dispossessed, the poor and oppressed - the “little people.”In hearing them God decided to stand on their side and judged the systems and structures in which their rights were infringed and which deprived them of opportunities to live in dignity. He evoked in these people the imagination for an alternative world and assigned them to the subjects to shape it. In such procedures the justice of God was realized. Third, I analyze representative theories of justice in Plato, Aristotle, the Stoics, Machiavelli, Kant, Habermas, Rawls, M. J. Sandel, etc., to point out the problem that there has been no place for minjung in traditional and modern theories of justice. I gain some insights from the discussions of Iris M. Young and N. Fraser on justice and suggest some considerations regarding the constitution of justice forum based on participation of minjung. One is that all the people subjected to and influenced by decision making on membership, representative power, status, wealth, education, health, social fellowship and the like should participate in decision making processes and speak for themselves. I define this as the principle of equal participation. Another solution is to start from the point that each person belongs to a certain social group, and that social groups are differentiated due to continuous and systematic relations among people, that is, social structures. Social and political discourses can be public only under the conditions that the differentiated voices of the oppressed, the marginalized and the excluded are inclusively heard. Here I would like to speak of the principle of differentiation.","PeriodicalId":130336,"journal":{"name":"Madang: Journal of Contextual Theology","volume":"45 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Toward a Constitution of Justice Forum based on the Participation of Minjung\",\"authors\":\"Kang, Won-don\",\"doi\":\"10.26590/madang..24.201512.5\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Who are the people who are summoned to discuss what justice is, and how it can be realized? This question has a variety of answers depending on the perspective and the position of the people who ask it. In the history of the concept of justice we can scarcely find any designs of justice from the perspective of minjung. Since Plato and Aristotle the concept of justice has been designed to maintain order and peace in the commonwealth and a conservative conception has shaped the mainstream of this tradition. Nowadays, some have attempted to discuss justice from the bottom, but such discourses have not attracted much attention. Therefore, I think one of the most important issues in the contemporary theory of justice is the question of how a justice forum should be constituted on the basis of minjung’s participation. With such a question in mind, I explore first what it means to look through the eyes of minjung. What looks normal in the view of the people who have vested interests can be seen as turned upside down in the eyes of minjung. If we want to see the world from their viewpoints, we must first hear what they say. Second, I investigate the context in which the concept of justice emerged and developed itself in minjung traditions of the Bible and explore some theological clues for designing justice from the perspective of minjung. I pay attention to the observation that the saving and liberating acts of God started from hearing the voices of the dispossessed, the poor and oppressed - the “little people.”In hearing them God decided to stand on their side and judged the systems and structures in which their rights were infringed and which deprived them of opportunities to live in dignity. He evoked in these people the imagination for an alternative world and assigned them to the subjects to shape it. In such procedures the justice of God was realized. Third, I analyze representative theories of justice in Plato, Aristotle, the Stoics, Machiavelli, Kant, Habermas, Rawls, M. J. Sandel, etc., to point out the problem that there has been no place for minjung in traditional and modern theories of justice. I gain some insights from the discussions of Iris M. Young and N. Fraser on justice and suggest some considerations regarding the constitution of justice forum based on participation of minjung. One is that all the people subjected to and influenced by decision making on membership, representative power, status, wealth, education, health, social fellowship and the like should participate in decision making processes and speak for themselves. I define this as the principle of equal participation. Another solution is to start from the point that each person belongs to a certain social group, and that social groups are differentiated due to continuous and systematic relations among people, that is, social structures. Social and political discourses can be public only under the conditions that the differentiated voices of the oppressed, the marginalized and the excluded are inclusively heard. Here I would like to speak of the principle of differentiation.\",\"PeriodicalId\":130336,\"journal\":{\"name\":\"Madang: Journal of Contextual Theology\",\"volume\":\"45 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2015-12-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Madang: Journal of Contextual Theology\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.26590/madang..24.201512.5\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Madang: Journal of Contextual Theology","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.26590/madang..24.201512.5","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
谁是被召集来讨论正义是什么,以及如何实现正义的人?这个问题有各种各样的答案,这取决于问这个问题的人的观点和立场。在正义概念的历史中,我们几乎找不到民宗视角下的正义设计。自柏拉图和亚里士多德以来,正义的概念一直被设计为维持联邦的秩序与和平,一种保守的概念塑造了这一传统的主流。如今,有些人试图从底层讨论正义,但这种话语并没有引起太多关注。因此,我认为当代正义理论中最重要的问题之一是如何在民jung参与的基础上构建正义论坛的问题。带着这样一个问题,我首先探讨了透过民正的眼睛看世界意味着什么。在既得利益者看来是正常的事情,在民正看来却是颠倒的。如果我们想从他们的角度看世界,我们必须先听他们说什么。其次,考察《圣经》民宗传统中正义概念产生和发展的背景,并从民宗的角度探索正义设计的神学线索。我注意到这样一种观察:上帝的拯救和解放行动始于倾听被剥夺者、穷人和受压迫者——“小人物”的声音。在听到他们的声音后,上帝决定站在他们一边,审判那些侵犯他们权利和剥夺他们有尊严地生活机会的制度和结构。他唤起了这些人对另一个世界的想象,并将他们分配给受试者来塑造这个世界。在这样的过程中,上帝的正义得以实现。第三,分析柏拉图、亚里士多德、斯多葛派、马基雅维利、康德、哈贝马斯、罗尔斯、桑德尔等具有代表性的正义理论,指出民容在传统和现代正义理论中没有立足之地的问题。我从Iris M. Young和N. Fraser关于司法的讨论中得到了一些启示,并提出了一些关于构建基于民共参与的司法论坛的思考。一是所有在成员资格、代表权、地位、财富、教育、卫生、社会友谊等方面受决策影响和受决策影响的人都应参与决策过程并为自己说话。我把这定义为平等参与的原则。另一种解决方法是从每个人都属于一定的社会群体出发,社会群体是由于人与人之间的连续的、系统的关系而分化的,即社会结构。社会和政治话语只有在被压迫者、被边缘化者和被排斥者的不同声音被包容地听到的条件下才能公开。这里我想讲一下微分原理。
Toward a Constitution of Justice Forum based on the Participation of Minjung
Who are the people who are summoned to discuss what justice is, and how it can be realized? This question has a variety of answers depending on the perspective and the position of the people who ask it. In the history of the concept of justice we can scarcely find any designs of justice from the perspective of minjung. Since Plato and Aristotle the concept of justice has been designed to maintain order and peace in the commonwealth and a conservative conception has shaped the mainstream of this tradition. Nowadays, some have attempted to discuss justice from the bottom, but such discourses have not attracted much attention. Therefore, I think one of the most important issues in the contemporary theory of justice is the question of how a justice forum should be constituted on the basis of minjung’s participation. With such a question in mind, I explore first what it means to look through the eyes of minjung. What looks normal in the view of the people who have vested interests can be seen as turned upside down in the eyes of minjung. If we want to see the world from their viewpoints, we must first hear what they say. Second, I investigate the context in which the concept of justice emerged and developed itself in minjung traditions of the Bible and explore some theological clues for designing justice from the perspective of minjung. I pay attention to the observation that the saving and liberating acts of God started from hearing the voices of the dispossessed, the poor and oppressed - the “little people.”In hearing them God decided to stand on their side and judged the systems and structures in which their rights were infringed and which deprived them of opportunities to live in dignity. He evoked in these people the imagination for an alternative world and assigned them to the subjects to shape it. In such procedures the justice of God was realized. Third, I analyze representative theories of justice in Plato, Aristotle, the Stoics, Machiavelli, Kant, Habermas, Rawls, M. J. Sandel, etc., to point out the problem that there has been no place for minjung in traditional and modern theories of justice. I gain some insights from the discussions of Iris M. Young and N. Fraser on justice and suggest some considerations regarding the constitution of justice forum based on participation of minjung. One is that all the people subjected to and influenced by decision making on membership, representative power, status, wealth, education, health, social fellowship and the like should participate in decision making processes and speak for themselves. I define this as the principle of equal participation. Another solution is to start from the point that each person belongs to a certain social group, and that social groups are differentiated due to continuous and systematic relations among people, that is, social structures. Social and political discourses can be public only under the conditions that the differentiated voices of the oppressed, the marginalized and the excluded are inclusively heard. Here I would like to speak of the principle of differentiation.