人类公共自由限度的逻辑终结——阿伦特政治行动与法律制度思想论析

The Logical End of Limitation for Public Freedom in Human Being —On Hannah Arendt's Theory of Political Action and Legal Institution

自行动与沉思生活之间的鸿沟在古希腊生发以来,动态开放的政治行动与静态封闭的法律制度就开始了尖锐对立。二者之间的紧张关系集中表现为法律制度对政治行动的制约以及政治行动的反制约。政治行动与法律制度关系问题之所以重要,在于它不仅涉及政治秩序的维护,更关涉人类公共自由的实现。阿伦特在复兴本真政治的基础上,启明政治行动与法律制度的紧密关联,并最终在革命精神制度化的政治体制中实现消解对立实现自由的政治理想。

There has been a sharp contradiction between dynamic political action with openness and closed legal institution without adaptation from ancient Greek,where life of action and life of meditation started to distinct themselves from each other.For Arendt,the question about the relationship between political action and legal institution is very important since it not only involves with the maintenance of the present political order,but also relates to the realization of human public freedom.As an ancient contradiction,the intense relationship between political actions and legal institution shows itself as the constraint legal institution puts on political action and the anti-constraint from political action.Contrary to the contempt toward political action from the tradition of western political philosophy,Arendt revived the basis of real politics,revealed the relationship between political action and legal institution,and realized the political dream in which the strain between these two powers had been dissolved and human freedom had been realized in the ＂Institutionalizing the revolutionary spirit＂ political institution comprehensively.