中西方视域下的“群己权界论”--基于对儒家与社群主义的比较解读

Demarcation between social and individual rights under the Chinese and Western horizons: Based on the comparative interpretation of Confucianism and Communitarianism

就群己关系而言,儒家与社群主义有很多相似之处,但其相互间亦存在某些差别。较之社群主义而言,儒家所说的个体不仅缺少相应的权利主体身份,而且其从主体性到主体间性的转换是单向度和不可逆的。不仅如此,中国传统社会中的家庭和宗族有其特殊性,因此有别于西方的社群和共同体。此外,社群主义与儒家对"国家-个人"的关系建构及其强弱对比各有其说明和论述。从本质上讲,这些均源于两者对群性与社会性、个体性与独立性的理解和界定有所不同,所以难免会出现细微区别,尤其是儒家倡导的德性会寓于群性之中。当然,儒家思想作为重要的本土资源,其功能和作用的发挥必须以自身完成现代性转化为前提,为此就需要社群主义提供必要的给养和支撑。

In terms of the relationship between the community and the individual, Confucianism and Communitarianism share many similarities, but there also exist differences between them. Among them, compared with that in Communitarianism, the individual mentioned by Confucianism not only lacks the corresponding identity as right subject, but also its conversion from subjectivity to intersubjectivity is one-way and irreversible. In addition, the family and clan in the Chinese traditional society have their particularity, thus leading to its differences from the western community. Moreover, Communitarianism and Confucianism have their own expositions and statements about the relationship construction and respective strengths and weaknesses between country and individual. Essentially speaking, these originate from differences in the understandings and definitions of group and sociality as well as individuality and independence by Communitarianism and Confucianism. So, there will inevitably be nuances among them, and in particular, the virtue that Confucianism advocates will be among the group. Of course, as an important local resource, Confucianism plays its role and certain functions, which must be based on its own modern transformation. To this end, necessary support provided by Communitarianism is needed.