在自由主义与共和主义之外:麦迪逊早期宪政思想探索

Constitutionalism in James Madison:Beyond Liberalism and Republicanism

麦迪逊是美国宪法最重要的奠基者之一,他观察到在一个民治的政府中,由于意见、信仰分歧,以及利益的分殊,派系的形成乃是无可避免的事。因此,为了防止派系的倾轧以及众暴寡、强凌弱所形成的诸多不义,此际宗教与道德的劝诫无济于事,而开明的政治家又可遇不可求,于是唯有透过制度的妥善设计才是正本清源之道。今日我人若欲以马克思主义的阶级论、自由主义的多元论或共和主义的德性论,作为麦迪逊思想的定论,不仅忽略了其思想的多源性,更忽略了其为了肆应新局的创造性突破。

Madison is one of the most significant founders of American Constitution.The reverence conferred is derived from his original insight into the fact that due to the diversities of opinion,faith and interest,factions are inevitable in a popular government.To prevent clash of factions and tyranny of majority,we can not simply rely on religious or moral remonstrations,and enlightened statesmen are not always available.The possibly best solution is devising a workable and sustainable political system the substantiation of which is the theory of extensive republic.But Madison did not simply take it as a key concept of his political doctrine without making his own interpretative transformation and elaboration.And it would also be erroneous to ignore the plurality and originality of his thought by designating him as a proponent of either Marxism or liberalism,or even republicanism.