以利益为基础的权利本位观——拉兹的权利概念分析

The Rights-Based Conception On the Ground of Interests:Analysis of Raz's Concept of Rights

拉兹是当代权利利益论的最杰出代表。围绕权利的概念,拉兹提出了自己的命题,分析了权利的利益基础以及权利和义务之间的关系,推进了霍菲尔德以来权利理论的发展。认真检视拉兹的权利概念及对它的批判,有助于澄清学者们对拉兹的普遍误解,更好地理解拉兹,把握权利概念的内涵。

Raz is the most prominent scholar of rights＇interest theory today.He has proposed his own definition of rights,analyzing the base of rights and the relationship of rights and duties,and having promoted the development of theories of rights since Hohfeld.Critical examinations of Raz＇s conception of rights and its critics,not only help clarifying the debate over Raz＇s definition,understanding Raz better,but also help grasping the meanings of rights correctly on contemporary time.