黄宗羲“私利”关怀之反思——以“自然权利”和“义利之辨”为视角

Reflections on Huang Zongxi's Concern about "Private Benefits"

黄宗羲代表的传统儒家法政思想中对天下人"私利"之关怀,与作为西方现代法政文明之基础的"自然权利"思想,形貌虽似而本质不同。在黄氏所谓"圣君贤臣治法"的制度设计下,其对天下人"私利"之关怀只能映现于"天下为公"的道德精神之中,即只可由统治者进行安排,却不是任由天下生民积极主张。正由于此,黄氏"私利"关怀虽反专制却不能克服专制,重视私利而不能伸张"权利"。归根到底,这是由"义利之辨"的思想传统所影响和局限的:在以性善论为基础的、政治道德一体的泛道德化倾向中,"尊义贬利"而"权利"不张是必然的。在法政秩序现代化转型的当下,我们一方面要反思黄宗羲"私利"关怀,从"私利"关怀走向"权利"观念,建设现代民主法治制度;另一方面,要注重阐发黄宗羲"私利"关怀的道德精神,维护现代中国的文化主体性和叙史延续性。

There are essential differences between the theory of＂private benefits＂ in traditional Confucian political thought which is advocated by Huang Zongxi, a Confucian scholar in the Ming Dynasty, and the theory of＂natural rights＂ which is the basis of modern western politics, although there are some resemblances. Huang＇s concern about the public＇s ＂private benefits＂ can only be reflected in moral spirit that ＂the world is for all＂, because of his design of＂perfect monarch, virtuous minister, and good system＂. In other words, the ＂private benefits＂ can only be arranged by the governor, rather than actively participated by ordinary people. As a result, Huang Zongxi puts forward ＂private benefits＂ to oppose autarchy, but cannot completely avoid it; He attaches importance to ＂private benefits＂ but cannot propose and promote the concept of the ＂civil rights＂. In the final analysis, Huang＇s thought is influenced and limited by the tradition of＂the debate over justice and bene- fit＂. Under the pan-moralization preference which is based on the theory of good human nature and the integration of politics and ethics, it is inevitable to glorify the justice of moral principle while censuring or belittling the pursuit of benefits. In the modernization and transformation of modern Chinese political and legal system, on the one hand we should rethink Huang＇s concern about ＂private benefits＂ in order to promote the thought of＂rights＂ and construct modem system of democracy and rule of law; On the other hand, we should also develop and expand the moral spirit of Huang＇s theory about ＂private benefits＂, and maintain the cultural subjectivity and historical continuity of modem China.