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正义可区分为共荣性正义和优先性正义。但是,对于正义标准应该是什么的问题,迄今仍然没能得到解决。本文仅探究共荣性正义标准问题。这一问题的解决,目前主要有两条路径。其一是以人性为依据的理论路径。但是,以何种人性为依据,人们充满争议,而且合乎人性的未必是正确的,这使得这一理论路径难以实现其目的。其二是德性伦理理论路径。但是,它们以之为依据的善或善人,要么是不具有公共的正当性,要么是没有被清楚的界定,因而不能满足法律论证的要求。基于此,依据共同善特别是人类的繁荣,德性法律论证理论建立起了立法和司法论证的共荣性正义标准,并以此为基础,对泸州情妇遗嘱案进行了评析。
Justice can be divided into common prosperity justice and priority justice. However, the question of what should be the standard of justice has so far failed to be resolved. This article only explores the issue of commonality justice standards. At present, there are mainly two ways to solve this problem. One is the theoretical path based on human nature. However, based on what kind of human nature, people are controversial and may not be right to conform to human nature. This makes it difficult for this theoretical path to achieve its goal. The other is the path of virtue ethics theory. However, the good or good people on the basis of which they are either have no public legitimacy or are not clearly defined and therefore can not meet the requirements of legal argumentation. Based on this, based on the common good, especially the prosperity of mankind, the theory of legal argument of virtue sets up the common prosperity justice standard of legislative and judicial argumentation. On the basis of this, it makes an analysis of the case of Luzhou mistress.