对洛克“默认同意”说的一些思考

Rethinking of John Locke's Theory of Tacit Consent

“个人的同意”是社会契约论对国家和政府的合法性论证的关键,而同意又有“明白同意”和“默认同意”之分。通过对洛克同意理论的分析可知,相比于明白的同意,洛克的默认同意说既可以解释历史上的国家和政府的权威的合法性,又可以解释现存的和未来的国家和政府的合法性。重新审视其理论意义,我们认为“默认同意”还有许多困难。

The aim of social contract theory, which is based on the consent of the individues, is to prove the legiti-macy of country and govemment. Generally, there are two kind of consent, express and tacit consent. After studying the political theory of John Locke, this article holds that tacit consent is more reasonable than express consent , for it can not only explain the legitimacy of countiy and govemment in the past, but also those in the future . So we should rethink the theoretical importance of tacit consent in political philosophy. At the same time, we should also notice that there are many difficulties in the theory of tacit consent.