德沃金權(quán)利理論初探
發(fā)布時間：2018-10-08 11:28
【摘要】： 針對20世紀(jì)60、70年代美國出現(xiàn)的一系列社會問題,美國著名法哲學(xué)家羅納德·德沃金(Ronald·Dworkin)提出了一套權(quán)利理論。該理論以盛行已久的功利主義法學(xué)和實證主義法學(xué)為批判對象,重新強調(diào)個人本位價值觀的重要性,指出重視個人權(quán)利才是社會持續(xù)發(fā)展的根本,并要求政府應(yīng)平等的對待和尊重每個人。權(quán)利理論的提出既為法學(xué)自身發(fā)展提供了參考,也為美國社會發(fā)展指明了方向。 相比較而言,目前我國正處于社會轉(zhuǎn)型期,法治建設(shè)有待完善,當(dāng)前的突出現(xiàn)象是：由于受社會本位(群體本位)價值觀的影響,個人權(quán)利長期得不到重視,不平等現(xiàn)象屢見不鮮,社會矛盾日益突出,這對我國構(gòu)建和諧社會極為不利。因此,借鑒德沃金權(quán)利理論,對構(gòu)建我國的權(quán)利理論,喚起整個社會對個人權(quán)利的關(guān)注和重視,最大程度地實現(xiàn)法律平等有著重大的現(xiàn)實意義! 文章第一部分介紹了德沃金權(quán)利理論產(chǎn)生的時代背景和理論來源。通過交代德沃金權(quán)利理論產(chǎn)生的時代背景和理論來源,不僅可以更深刻地理解該理論的內(nèi)容,而且能夠更好的體會其重要的學(xué)術(shù)研究價值和重大的現(xiàn)實意義。文章第二部分詳細(xì)闡述了德沃金權(quán)利理論的內(nèi)容,具體介紹了理論的構(gòu)成部分和核心觀點,為后文對理論進(jìn)行分析做好鋪墊。文章的第三、第四部分是本文的重點也是文章的創(chuàng)新之處。第三部分主要對德沃金權(quán)利理論作出評價。這部分作者通過獨特的視角、以客觀理性的態(tài)度對其理論進(jìn)行評價,既看到權(quán)利理論具有的積極作用,同時也對其理論帶來的疑問進(jìn)行了思考,從而能夠讓人們對德沃金權(quán)利理論有一個更全面、深入的了解。文章最后一部分結(jié)合我國社會現(xiàn)實提出意見和建議：我國亟待構(gòu)建一套自己的權(quán)利理論,該理論以承認(rèn)個人權(quán)利優(yōu)先性為基礎(chǔ),以實現(xiàn)權(quán)利平等為目標(biāo),從而推動我國法學(xué)發(fā)展邁向更高層次,為我國社會的現(xiàn)代化轉(zhuǎn)型做出貢獻(xiàn)!
[Abstract]:In view of a series of social problems that appeared in America in the 1960s and 1970s, Ronald Dworkin, a famous American philosopher of law, put forward a set of rights theory. The theory takes the popular utilitarian jurisprudence and positivist jurisprudence as the critical object, re-emphasizes the importance of individual-oriented values, and points out that attaching importance to individual rights is the foundation of the sustainable development of society. And demands that the government treat and respect everyone equally. The theory of right not only provides reference for the development of law itself, but also points out the direction for the development of American society. Comparatively speaking, at present our country is in the social transition period, the construction of the rule of law needs to be perfected, the current prominent phenomenon is: because of the influence of the social standard (group standard) values, the individual rights have not been attached importance to for a long time. Inequality is common and social contradictions are becoming increasingly prominent, which is extremely disadvantageous to the construction of a harmonious society in our country. Therefore, drawing lessons from Dworkin's theory of rights is of great practical significance to construct the theory of rights in our country, to arouse the attention and attention of the whole society to individual rights, and to realize the equality of law to the greatest extent. The first part introduces the background and theoretical source of Dworkin's theory of right. By explaining the background and theoretical source of Dworkin's right theory, we can not only understand the content of the theory, but also better understand its important academic research value and great practical significance. In the second part, the content of Dworkin's right theory is expounded in detail, and the composition and core viewpoints of the theory are introduced in detail, which will pave the way for the analysis of the theory later. The third and fourth part of the article is the focus of this article and the innovation of the article. The third part mainly evaluates Dworkin's theory of right. This part of the author through a unique perspective, with an objective and rational attitude to the evaluation of his theory, not only see the positive role of the theory of rights, but also the theory of the question brought by the thinking. So that people can have a more comprehensive and in-depth understanding of Dworkin's theory of rights. In the last part of the article, the author puts forward some opinions and suggestions according to the social reality of our country: our country urgently needs to construct a set of rights theory, which is based on the recognition of the priority of individual rights and aims at realizing the equality of rights. In order to promote the legal development of our country to a higher level, for the modernization of our society to make contributions!
【學(xué)位授予單位】：北方工業(yè)大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：D909.712
本文編號：2256579
[Abstract]:In view of a series of social problems that appeared in America in the 1960s and 1970s, Ronald Dworkin, a famous American philosopher of law, put forward a set of rights theory. The theory takes the popular utilitarian jurisprudence and positivist jurisprudence as the critical object, re-emphasizes the importance of individual-oriented values, and points out that attaching importance to individual rights is the foundation of the sustainable development of society. And demands that the government treat and respect everyone equally. The theory of right not only provides reference for the development of law itself, but also points out the direction for the development of American society. Comparatively speaking, at present our country is in the social transition period, the construction of the rule of law needs to be perfected, the current prominent phenomenon is: because of the influence of the social standard (group standard) values, the individual rights have not been attached importance to for a long time. Inequality is common and social contradictions are becoming increasingly prominent, which is extremely disadvantageous to the construction of a harmonious society in our country. Therefore, drawing lessons from Dworkin's theory of rights is of great practical significance to construct the theory of rights in our country, to arouse the attention and attention of the whole society to individual rights, and to realize the equality of law to the greatest extent. The first part introduces the background and theoretical source of Dworkin's theory of right. By explaining the background and theoretical source of Dworkin's right theory, we can not only understand the content of the theory, but also better understand its important academic research value and great practical significance. In the second part, the content of Dworkin's right theory is expounded in detail, and the composition and core viewpoints of the theory are introduced in detail, which will pave the way for the analysis of the theory later. The third and fourth part of the article is the focus of this article and the innovation of the article. The third part mainly evaluates Dworkin's theory of right. This part of the author through a unique perspective, with an objective and rational attitude to the evaluation of his theory, not only see the positive role of the theory of rights, but also the theory of the question brought by the thinking. So that people can have a more comprehensive and in-depth understanding of Dworkin's theory of rights. In the last part of the article, the author puts forward some opinions and suggestions according to the social reality of our country: our country urgently needs to construct a set of rights theory, which is based on the recognition of the priority of individual rights and aims at realizing the equality of rights. In order to promote the legal development of our country to a higher level, for the modernization of our society to make contributions!
【學(xué)位授予單位】：北方工業(yè)大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：D909.712
【引證文獻(xiàn)】
相關(guān)博士學(xué)位論文 前1條
1 桂家友;中國城鄉(xiāng)公民權(quán)利平等化問題研究（1949-2010）[D];華東師范大學(xué);2011年
，本文編號：2256579
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