发展权的后现代法学解读

An Exposition on the Right to Development:From the Perspective of Postmodern Jurisprudence

发展权是新一代人权的重心,然而发展权并不为西方国家所认可。本文以后现代主义的立意和方法论,从后现代法学的视角对发展权进行解读并对其权利属性、权利重心地位加以证成;指出发展权是超越现代性的必然要求,进而证明发展权是后现代人权的基本形式;在这两个命题的基础上进一步提出:发展权是后现代人权法的权利重心,是后现代法学视野中人权实现的必由之路。

The right to development is the core of the new generation of human rights, but it is not recognized by western countries yet. Based on the conception and methodology of postmodemism and from the perspective of postmodem jurisprudence, the article analyzes the right to development and discusses its nature and the status of its core; the article also indicates that the right to development is the inevitable requirement for surmounting modernity, and then demonstrates that the right to development is the basic form of postmodem human rights. Furthermore, the thesis, on the basis of the above two arguments, also holds that the right to development is the core within the scope of the law of postmodem human rights, and is the only way to realize the human rights within the view of postmodem jurisprudence.