自然权利的根据——黑格尔对自然权利理论的重构与批评

On the Foundation of Natural Right: Hegels Reconstruction and Critique to the Theory of Natural Right

虽然从古希腊开始就有自然法思想,但自然权利思想则是现代的事情。它是以主体性的凸现为前提的,具有个体性、还原论、计算理性、功利主义等特征。霍布斯、洛克等哲学家用它来对抗神权和王权。黑格尔在他的《法哲学原理》的“抽象权利”这一部分就重构了这一思想,将之纳入自己的思想体系并作为其中的一个环节。通过指出抽象权利、自然权利的不充分性,黑格尔的法哲学也过渡到了“道德”。

Though the idea of natural law occurred in Greek philosophy, but that of natural right didn＇ t appear until in modem time, the premise of which is modem subjectivity. It has such characteristics as individuality, reducibility, reason of calculation, and utilitarianism. It was taken by Hobbes and Locke against religious authority and kingship. In his philosophy of right, Hegel reconstructs this idea in the part of ＂abstract right＂, bringing it into his own philosophy as an important linking part. By indicating the insufficiency of ab- stract right and natural right, Hegel＇ s philosophy of right also transits to ＂morality. ＂