作为一种制度权利的人权

Human Rights are Looked upon as Institutional Right

权利是它的所有者通过法律、道德、秩序或其他形式而获得的有利地位。实证性权利既包括制度性的经验事物如国家和契约,也包括观念性的现实事物如自由和习惯。由于无论国家还是契约,自由还是习惯,都有其不能脱离先在的权利来谈论的局限,因此,权利的来源往往被追溯到具有逻辑先在性的东西那里。传统自然法理论把自然权利看作是实证权利的前提,现代人权理论则否认有脱离制度安排的抽象权利。从地位而不是从来源出发来理解人权,是现代人权概念区别于传统自然权利概念的最大特点。

Right is beneficial position that the subject acquires through law, morals, order or other forms. The positivist fights not only include the experiential institutional things such as nation, with the contract, but also include the realistic ideal things such as freedom, with the habit. Since any of them is rather limited which can＇ t be discussed escaping from previous fight, the source of the fight is to be traced back to the logically previous thing. The traditional theory of natural law sees natural rights to be the premise of positivist rights. The modem theory of human fights believes that it is impossible for a kind of fight to exist while it be divorced from the arrangement of social institution. The main difference between the modem concept of human rights and the traditional one of natural fights, is to comprehend human fights from the view of the position instead of the source.