略论法国旧制度后期的财产权话语

About the Discourse of Property Right in the Late Old French Régime

关于"财产权"概念的争论在旧制度后期的法国长期存在,并由此形成了不同的话语。在高等法院的话语中,财产权与特权相互重叠,共同构成了旧制度社会的基石;而重农主义者受自然法学说的影响,强调作为自然权利的绝对财产权。重农主义的批评者认为绝对财产权带来了贫富分化等社会问题,但他们又不得不承认财产权有存在的必要性。在启蒙思想家中,卢梭逐步发展出了独特的财产权话语,他最终认为财产权是一种社会权利,并将其置于对自由的讨论之中:为了实现社会中人的自由和平等,国家应该对财产进行干预。这些不同的话语及相关争论,不仅影响了旧制度和大革命时期的政治,也对现代财产权概念产生了重要影响。

During the late Ancient Régime, the debates on the concept of property always existed and formed therefrom variant discourses. In the discourse of the Parlément, property and privilege were overlapped and formed together the foundation of society of the Ancient Regime. Affected by Locke, the Physiocrats emphasized that the property is an absolute and natural right. However, their critics argued that the absolute property had leaded to some social problems, such as polarization between the rich and the poor; so, they had to admit the necessary existence of property. Among the philosophers, Rousseau developed gradually a different discourse. He regarded the property as a civil right and put it in his discuss on liberty. In Rousseau's discourse, for the sake of liberty and equality, the interference of the state should be applied. These different discourses and debates affected not only the politics during the Ancient Régime and the French Revolution, but also the formation of the modern concept of property.