立法权与所有权的关系:马克思的澄明及超越——从黑格尔对立法权的悖论性阐释谈起

Marx's Clarification and Transcendence of the Relationship between Legislative Power and Ownership:A Discussion Starting from Hegel's Paradoxical Interpretation of Legislative Power

立法权与所有权的关系问题,向来容易引发思想界的交锋论争。其中,黑格尔“既把立法权规定为普遍性最高权力又把王权视作君主立宪制顶峰”的悖论性认知,则把这一纷争推向高潮。黑格尔刻意用理性精神和绝对意志来扭曲立法权与所有权关系的做法,实属典型的唯心主义,遮蔽了正确国家观。基于资本主义权力的运行图景,马克思对黑格尔进行唯物史观镜鉴和澄明。无论立法权还是所有权,权力的深处都是物化的利益关系。立法权作为所有制权力的上位延伸,无不蕴含着对所有权的证成,而资本主义法权只是对私有制的复刻。马克思认为,未来共产主义社会不妨在形塑资本逻辑中重构所有权的生成和确认机制,确保所有权起点正义,把物质利益所有权由少数人垄断占有转换为绝大多数人自由占有的新形态,进而为立法权回归劳动本位和人民本质创造条件。

The relationship between legislative power and ownership has always been likely to spark debates.Hegel's paradoxical cognition that“the legislative power is the universal supreme power and the royal power is the pinnacle of constitutional monarchy”pushed this debate to its climax.Hegel deliberately distorted the relationship between legislative power and ownership with rational spirit and absolute will,which was a typical idealism that obscured the proper views of the state.Based on the running situation of capitalist power,Marx censored Hegel under the guidance of historical materialism.Be it the legislative power or the ownership,the core is the materialized relationship of interests.As the upper extension of ownership power,legislative power contains the proof of ownership,while capitalist legal power is just a copy of private ownership.Marx believes that the communist society can reconstruct the generation and confirmation mechanism of ownership in the shaping capital logic,ensure the justice of ownership at the beginning,and transform the ownership of material interests from the monopoly of a few people to a new form of free possession of the vast majority,so as to create conditions for returning legislative power to the essence of labor standard and the people.