论回归生活世界的人权文化

The Human Rights Culture Returning to the Life-World

回归生活世界的人权文化是基于生活经验与现实实践而非西方中心的、先验的、完成式的人权文化。近代以来中国为救亡图存、塑造现代性、改革开放、实现复兴,基于实用主义、功能主义、工具主义对人权予以涵摄吸收,在新中国成立后以之服务于实现人民民主的社会条件、政治前提和制度基础的建设。先验论人权天然具有革命性、反抗性和批判性,中国人生活世界的人权追求基于社会事实、社会行动和社会关系的建设性,不可能由先验推导而成。人权理念与人权生活总是处于相互否定之中,这是人权文化的生命力所在。中国人的精神世界支撑经验性人权文化,中国近现代历史境遇与现代化逻辑锻造功能性人权文化,中国的治理需要和大变局挑战催生平衡性人权文化。

The primary criteria for human rights culture should be based on whether it has achieved the "signified" goals in the life-world rather than whether it has a systematic and complete ideological system and theoretical system. The human rights culture that returns to the life-world is the one based on life experience and realistic practice instead of one being western-centered, transcendental and perfective. To obtain a diachronic perspective towards the human rights culture in China, it is necessary to discuss the introduction and integration of western human rights culture into China. The history of human rights in China from the late 19th century to the present can be roughly divided into three stages: the period before the May 4th Movement, the period from the May 4th Movement to the Founding of People’s Republic of China, and the period from the Founding of People’s Republic of China to the present. The corresponding attitudes towards human rights have also experienced three stages: from passive acceptance to active promotion, from the human rights of individuals to the right to survival of groups, from resistance and rejection to absorption and assimilation. The multidimensional imagination of human rights and their diverse images and concepts have led to conflicts and disputes in the field of human rights;and the cognitive differences as to whether human rights are transcendental or empirical have constituted the origin of those conflicts and disputes. The transcendental view on human rights has played a unique and historic role in the history of human rights whereas the empirical view has demonstrated human rights through studying the society, experiences and "relations". Both views share the same goals of exploring the origin, birth and essence of human rights;and the difference lies in whether it comes before or is underlined by social facts. Transcendentalists advocate the rationality of existence being prior to experience while empiricists endorse basing human rights on social facts, social actions and social relations. Transcendentalism approaches human rights from the idea-world to the life-world and empiricism the other way around. Therefore, the reasons why the idea-world is detached from the life-world of human rights can be summarized in two major topics: first, whether human rights are the primordial human rights or the human rights of life in terms of the "signifier";second, whether there are unified standards for the signified of human rights in the life-world in terms of the "signified". To solve or reduce the misunderstanding and confusion of the two major topics in the field of metaphysical speculation, we need to go back to the relation between the idea-world and the life-world of human rights and objectively understand the double-layer parallel structure of the human rights culture, which is a parallel rather than incorporated relation. The vitality of human rights culture lies in the sharp opposition and mutual negation between the ideas and life of human rights. In short, the empirical human rights culture is underpinned by the spiritual world of Chinese people;the functional human rights culture is forged by the modern and contemporary history and modernization logic of China;and the balanced human rights culture is catalyzed by the governance needs and challenges brought by great changes in China.