进化主义与中国宪制思想的发生

Evolutionism and the Generation of Chinese Constitutional Thought

"近代"既是一个时空概念,也是一个观念概念,中国以不同于西方的逻辑和机制接受"近代"概念是中国宪制思想产生的前提条件;中国宪制思想的发生是由进化主义导引的,康有为、严复、胡适的宪制思想是其典型代表;正是由于进化主义,宪制被中国的思想者看作是推进国家富强、民族复兴、社会进步的途径和工具,具有工具理性特征,这完全不同于西方宪制思想的契约主义发生原理。

＂Modern＂ is a concept of time and space and a notion of concept as well. China, in a different logic and mechanism from the West, accepting the concept of ＂modern＂ is a prerequisite to the generation of Chinese constitutional thought; the generation of Chinese constitutional thought is guided by evolutionism. The constitutional thought of Kang Youwei, Yah Fu, and Hu Shi is its typical representative; the constitutional government has been viewed by Chinese thinkers as a means and tool for advancing the country＇ s prosperity, national rejuvenation, and social progress precisely because of evolutionism. It possesses the characteristics of instrumental rationality, which is completely different from the principle of contract doctrine in Western constitutional thought.