“人权派”的思想言论自由及其局限性

HRS’s Ideas on Freedom of Thought and Speech and Their Limitations

“人权派”从功用的角度出发 ,揭示了思想言论自由之于个人与社会的价值 ,指出作为人权的思想言论自由就是批评政府及现政权所赖以建立的理论基础的自由 ,认为这项人权应“绝对不受法律的限制” ,“绝对不受何种干涉”。本文系统地介绍了人权派关于思想言论自由的主张 ,充分肯定其积极的现实的意义 ,同时 ,文章也从分析思想自由 (享有的人权、人身人格权 )与言论自由 (行使的人权、政治权利与自由 )的不同性质入手 ,指出了人权派关于二者均属“绝对自由”的结论的局限性、片面性。

HRS points out the value of freedom of thought and speech to the individual and society from a functional point of view,arguing that freedom of thought and speech as the most important parts of human rights is equal to the freedom of criticizing the theoretical basis on which the present government was founded,and insisting that such human rights must “by no means be limited and intervened by the law.”This essay systematically deals with HRS’s ideas on freedom of thought and speech and meanwhile recognizes their significance to modern society.Moreover,by distinguishing the nature of freedom of thought(as reflected in human rights one actually enjoys and the right of human dignity) from that of freedom of speech (as reflected in human rights one actually exercises,political rights and freedom),the author points out the limitations inherent in HRS’s over-generalized conclusion that both freedom of thought and freedom of speech are “absolute freedom”.