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A Study on the Constraints of Institutions’ Formal Justice
Author(s): 
Pages: 73-77
Year: Issue:  2
Journal: Academic Journal of Graduate School, Chinese Academy of Social Sciences

Keyword:  social normsformal justiceformal rationalityinstitutions’ authority;
Abstract: Institutions’ formal justice is that institutions apply equally to all members included,which provides people with a stable interest expectation in the social environments full of risk and uncertainty.Institutions’ formal justice is subject to many factors,but it mainly depends on institutions’ formal rationality and social authority.Institution is a system composed of different elements,whose basic unit and core content is the norm? and its formal justice mainly is norm’s formal justice.Social authority is a necessary condition to achieve institutions’ formal justice.Institutions’ relative stability and non-selective implementation are basic approaches to maintain their authority.Relatively stable institutions are both the requirement of people normal life and the characteristic themselves.Institutions are generally implemented by the third party.Since the modern society,in order to gain social trust,the third party has been intending to bind its own hands by democracy and rule of law? and to place itself in unfavorable institutional environments with the separation of powers.This unfavorable institutional setting for the third party is exactly an effective measure to achieve institutions’ formal justice.
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