“预付人权”:一种非西方的普遍人权理论

“Credit”Human rights: A Non-Western Theory of Universal Human Rights

对于一个被公共化的共享概念,西方人权文化的历史背景不意味着解释的特权,既然人权被认为是普遍有效的概念,它就必须在理论上是开放的,在文化上不可以设限。天赋人权在理论合法性上的失败,特别表现为它所包含的自毁逻辑。人权制度只能以公正原则作为唯一最高原则去定义人权体系,人权就是每个人能够被公正对待的权利。预付人权理论认为,每个人生来就获得人类预付借贷给他的与任何他人相同的权利,人权虽然不劳而授,但绝非不劳而享,否则损害公正。一个人获得并接受了预付人权就意味着承诺了做人的责任,并且将以完成做人的责任来偿还所借贷的权利。如果拒绝了预付人权所要求的部分或全部义务,就视同自动放弃了部分或全部人权。预付人权保留了天赋人权理论的几乎所有优点,而消除了天赋人权理论反公正的危险因素,不仅具有理论的普遍有效性,而且具有允许因地制宜的实践弹性。

The historical background of Western human rights culture is not privileged in interpreting a shared public concept, just as a general theory is unable to express a particular possible world and possible life in that world. Among the reasons natural human rights have lost their theoretical legitimacy is the fact that they contain a self-destructive logic. The principle of justice should be the only and the highest principle of a human rights system. Human rights involve equal treatment for every person. The theory of“credit”human rights holds that every person are born with a credit in terms of human rights that is equal to that of any other person. However, although one receives these rights without giving anything in return, one definitely cannot enjoy them without giving anything in return. Anything else would be a violation of the principle of justice. When one receives a credit in terms of human rights, one takes on corresponding responsibilities as well, and repays the credit by fulfilling one's responsibilities as a human being. Rejection of part or all of the responsibilities required by“credit”human rights means automatically relinquishing human rights wholly or in part. The“credit”human rights theory retains almost all the good points of the theory of natural human rights while avoiding the danger of being anti-justice. It is not only universally valid in theory, but is also flexible enough to adapt to local conditions.