经验传统与历史选择:英国早期人权进程分析

Experiential Tradition and Historic Option: Discussion on the Early Course of Human Rights in England

英国历史经常出现于学者们的视野中 ,但从人权的角度对其早期历史进行的研究尚不多见。之所以选取这一进路是希望通过本文对英国早期人权进程之初步探究 ,以期收到抛砖引玉之效 ,故不揣浅陋 ,见笑于方家。本文认为 ,英国人的人权进程具有早发性、经验性、稳定性、渐进性等不同于其他国家的特点。这与英国特殊的传统文化背景及地理环境有关系。从《自由大宪章》开始 ,到《权利请愿书》、《人身保护法》 ,再到《权利法案》 ,英国人权的早期历史发展状况 ,正证明了这一点。

Although the English history often come into the view of scholars, the research of its early history focusing on human rights is still rare. The reason why the author chooses such a topic is that he wishes his preliminary research in this field, in spite of it's meagerness, could be the forerunner attracting more scholars for further discussions. In this article, therefore, the author believes that the early course of human rights in England is premature, experiential, stable and gradual, which is quite different from that of other countries. In fact, these characteristics are relevant to the special traditional culture background and geographic environment in England, and it is well testified by the development of the early history in England, no matter by the Magna Carta, Petition of Right, Habeas Corpus Act, or the Bill of Rights.