论贡斯当的两种自由观

On Two Views of Liberty of Benjamin Constant

贡斯当在亲身经历法国大革命的过程中敏锐地发现,法国人在卢梭抽象人民主权学说指导下狂热地追求一种惟有古代人才享有的政治自由,但这种自由扼杀了个人自由。基于此背景,贡斯当系统地界分了古代人的自由和现代人的自由,并指出两种自由既有区别又有关联,应该在二者关联性基础上通过制度设计将两者结合起来,即通过代议制民主制实现公民政治自由,通过宪政体制下的分权制衡实现公民个人自由。对贡斯当思想进行系统分析,作出评价,并指出其地位、影响与不足。

In his experience of the French Revolution, Benjamin constant found that, under the guidance of Jean - Jacques Rousseau＇s abstract theory of the sovereignty of the People, French People was fanatically cha- sing for the Political liberty, which only belonged to the ancient People, but this kind of political liberty re- strained the individual liberty. In this background, Constant systematically defined the liberty of ancients and the liberty of modems, and pointed out their differences and inner relationship. On the basis of their relation- ship, Constant considered that these two kinds of liberty should be integrated by two institutions - the institution of representative democracy for political liberty of citizens and the institution of checks and balance in the con- stitutional system for the individual liberty of citizens. At last, Constant＇s thoughts of liberty are analyzed and e- valuated, together with its status, influence and disadvantages.