尊严、权利与责任

Dignity,Rights,and Responsibilities

责任概念有多重含义,它可理解为与权利相关的三种义务:一是与权利相依存的义务,我的权利与你的义务相依存,你的权利与我的义务相依存;二是与权利相对立的义务,它构成对权利的限制,包括内在限制和外在限制;三是调控权利行使的义务,它对权利的行使施加道德上的制约。还有一种与权利相复合的责任观念,换言之,可以将某些权利理解成责任。这种特殊的权利形式,可被称为"作为责任的权利"或"责任权"。责任权,作为一种权利的形式结构,适合分析很多以角色为基础的权利,譬如父母监护权。它还可用来分析以公民身份为前提的那些权利,甚至可用来分析自然权利和固有权利。尊严的本义与等级、职位相关。责任权概念符合以角色为基础的尊严观念。

The concept of responsibility has various meanings and can be understood as three kinds of duties related to rights.Firstly,responsibility refers to the duty correlative to rights.My rights correlate with your duties,your rights correlate with my duties.Secondly,responsibility refers to the duty opposite to rights,which restricts rights internally and externally.Thirdly,responsibility refers to the duty governing the exercise of rights,which imposes moral restraints on the exercise of rights.There is another conception of responsibility that certain rights can be understood as responsibilities.The idea of a hybrid of right and responsibility represents a distinctive form of right,which can be called"rights as responsibilities"or"responsibility right".The responsibility right as a form of rights is suited for analyzing many role-based rights,such as parental rights.It can also be used to analyze those rights based on citizenship,even natural rights and inalienable rights.The original meaning of dignity is related to rank or office.The concept of responsibility right fits the idea of role-based dignity.