Abstract
Otfried Höffe is one of the foremost German scholars today in the field of Philosophy of Law. His theories of justice are often labeled as ＂commutative＂. Höffe has developed his theory of justice based on the original state of the social contract, which aims at the establishment of a nation in a form of political justice. According to his theory of justice, Höffe argues that Commutative Justice is less controversial in ethics, because the exchange does not require anything but fair exchange as the moral standard. The nature of the exchange is to recognize the equal value of ＂Give＂ and ＂Take＂ and to be aware of the equal value of every individual's life, liberty, and property. The object of the exchange is the possibility of freedom of action with respect to the three groups of different interests. The best kind of exchange is one that pursues each individual's interests, rather than the collective interests. Höffe applies the theory of Commutative Justice to justify the universality of Human Rights and the legitimacy of the State and Law. Human Rights are universal because they are the exchange of transcendental interests; State and Law are legitimate only when they protect Human Rights. No research has been undertaken on Höffe's philosophy and theory of Justice in Taiwan. The present research studies Höffe's theory of Justice. It aims to defend Höffe's theory on the one hand, and to raise criticism and suggestions on the other hand.