从主体性到关系性:人权论证的范式转向

From Subjectivity to Relationality:Paradigm Shift of Justifications for Human Rights

人权是时代的观念。通过分析人权的概念要素可以看到,尽管人权争议源于对"人"的理解不同而体现为人权性质上的争议,但在根本上则在于,它们都属于一种主体性哲学框架下的人权论证理论,从而具有不可避免的缺陷。对人权正当性的追问必然要求实现人权论证的范式转向,即从主体性转向关系性。从关系性视角来论证人权尽管源于青年黑格尔,但只是到当代才由哈贝马斯立足交往行动理论作出了系统的阐明。在实践上,人权论证的关系论转向对进一步深化与推动人权具有重要的意义。

Human tights are the notions of the ages. By analyzing the elements of human tights, we can understand that although human tights disputes reflect the disputes about the nature of human tights coming from the different understanding of ＂human＂, in essence, they belong to the human tights justification theory of subjectivity philosophy, having unavoidable failings. To quest for the tightness of human tights, it is necessary for paradigm＇ s change from subjectivity to relationality. Although human tights were justified by youth Hegel first from the point view of relationality, it was Habermas who had made systematic exploration in terms of the theory of communicative action. In practice, it is also considered important for paradigm＇ s turn to relationality of human tights＇ justification to deepen and promote human tights.