从功利到道义:当代中国权利观念道德基础的构建

From Utilitarianism to Deontology:the Construction of Moral Foundation on the Concept of Rights in Contemporary China

当今中国社会,以社会利益优先为内涵的功利主义权利观念占据主导地位。然而其存在的理论缺陷及其在实践中的不良影响已凸显了出来。道义论权利观念以人的尊严和自主性为权利之本,能更好地证成权利的平等性以及弱势群体的福利权,从而有效回应当下中国社会问题,显现出了其理论优势。虽然既有的功利主义权利观念基于传统和现实因素,依然拥有着较强大的影响力。然而在社会转型过程中,道义论的权利观念将在两种权利观念范式复杂地博弈中,逐渐地确立自己的地位。

In the present Chinese society, the utilitarian concept of right is dominant among ideas of fights, which takes the priority of interests of society as its theme. However, the theoretical defects and prob- lems in practice have revealed out. The deontoligical concept of right based on human dignity and individual autonomy can justify the equality of fight as well as the welfare fights of vulnerable groups. And it can effec- tively respond to social problems in China. So the deontoligical conception of right can show its theoretical advantage over utilitarian one. Although the utilitarian concept of right still have a strong influence because of some traditional and realistic factors, the deontological concept of right will gradually establish position by complicated games between two ideas of rights in the process of social transformation.