家哲学在德国古典哲学中的转型及其当代意义

The Transformation of Family-Philosophy in the German Classical Philosophy and Its Impact in Contemporary Context

现代家庭以亲密关系为基础并与公共领域相对分离。其法规范地位在近代早期并未确立,因为启蒙和自然法传统主要只破坏了旧家庭结构及父权制。费希特提出了非契约论的反干涉家庭法以维护亲密关系,康德则给出了一种契约论式的家哲学以维护身体-财产结合。综合二者的思路,黑格尔认为家庭法是一种包含契约论要素的商谈性规范,其重要特征是拥有一种“居间特性”,并且将家庭作为国家的“第一重根”。在黑格尔家哲学中包含着效用论和幸福论考虑,在当代,它被霍耐特用于修正罗尔斯的正义原则,并更新民主实践。

The modern family is usually considered to belong to the private sphere,which is relatively separate from the public sphere,and family issues are usually regarded as issues of individual emotional expression and free choice outside the public sphere,hence in principle irrelevant to the public sphere debate.In contemporary philosophy,intimacy and the family are also rarely discussed seriously in practical philosophy,to the extent that the philosophy of the family is almost by default a peripheral topic.But in modern philosophy,especially in German classical philosophy,the question of the family has in fact always been an important legal concern.However,Individualization Movement,which accompanied the Enlightenment-Natural Law Movement,did not aim at the creation of a new family in the first place,but rather at the destruction of the old family structure and patriarchy,and the early Enlightenment-Natural Law theories did not provide a complete norm of the family,resulting in the ambiguity of the position and role of the family.The normative status of the family was therefore not established.Within this context,Fichte and Kant successively proposed a non-contractarian and a contractarian philosophy of family law,redrawing the boundaries between public and private laws in this respect.The former argues that family law is different from civil law and strongly opposes state intervention,proposing a non-contractualist anti-interventionist family law to preserve intimacy.The latter integrates family law into the system of civil law,giving a contractualist family philosophy to preserve the body-property union.Hegel synthesizes these two family philosophies,treating family law as a kind of negotiated norm with contractualist elements,proposing a new theory of family norms linked to civil and state laws,which is both contractualist and non-contractualist in nature.The article is divided into three main parts.The first part briefly sketches the historical context in which the problem of the family arises,critically reviews the two existing interpretations(Habermas and Taylor),then indicates the historical and theoretical dilemma that arises from it,and finally,with the help of Rousseau,gives a preliminary possible solution to get out of this dilemma and its problems.The second part examines,from the point of view of normative and typological analysis,the three different solutions to this problem proposed by Fichte,Kant and Hegel,and their respective problems.The third part examines the contemporary impact of these three types of family philosophies on the levels of the philosophy of law,the philosophy of practice,and their positive significance for public life,in the context of the contemporary international and national environment.