自然权利理论及其局限——兼论边沁功利主义权利观

Natural Rights Theory and Its Defects: Criticism Based on the Utilitarian Right of Bentham

发轫于古希腊罗马的自然权利学说在权利理论的发展史上发挥过举足轻重的作用,但边沁对这种先验的、事实上不存在的权利观并不满意,他认为自然权利观存在的最大局限就在于它是一种先验的主观假定。人们对它的解释带有主观随意性,这可能带来社会不必要的混乱。自然权利观的语言表述也模糊不清,不符合近代社会对法的客观性和精确性的要求。因此,边沁批判了自然权利学说,提出了自己的功利主义权利观,进而导引出建立在功利原则基础上的法律权利观。

Originated in ancient Greece and Rome, the natural right theory once played an important role in the history of the right theory. However, Bentham doesnt agree with the opinion that natural law is the reasonable foundation of the right. In his view, natural law has many defects such as the obscurity in meaning and the absence of empirical support, which cannot meet the needs of the modern society. As a result, Bentham criticized the theory and proposed utilitarian right theory so as to construct the legal right concept based on the utilitarianism.