论文部分内容阅读
在《为权利而斗争》中,耶林提出了为权利而斗争的两个义务面向和两种利益关涉,而这两个方面本质都是为权利而斗争的利益问题,因此辨析为权利而斗争的利益问题对理解耶林的“利益”观具有重要的意义。通过对该书的研究,耶林出现了对“利益”观点不自洽的地方:在利益的价值位阶上,为权利而斗争的集体利益优于个人利益;但从两者的关系上,集体利益却必须建立个人利益之上。本文认为,耶林对为权利而斗争所阐述的利益递进是唤醒民众的权利意识的叙述策略,而其真正的观点则是认为为权利而斗争的基础是个人利益,个人权利本位才是为权利而斗争的根本哲学。因而耶林的观点对中国具有一定的启示作用。
In “Fighting for Rights,” Jhering proposed two obligations for the struggle of rights and two kinds of interests, both of which are essentially the interests of the struggle for rights. Therefore, it is argued that the struggle for the right The question of interest is of great significance to understand Jelling’s “interest ” view. Through the study of this book, Yelin appeared in a position inconsistent with the viewpoint of “interests ”: in the value of interests, the collective interest in fighting for rights outweighs personal interests; but from the relationship between the two On the other hand, collective interests must establish their own personal interests. This paper argues that the progressive progress of the interests that Jelling expounds on the struggle for the right is a narrative tactic that awakens the public’s awareness of the rights. The true view is that the basis for the struggle for the right is personal interests, and the standard of the individual rights is The fundamental philosophy of struggle for power. Thus, Yelin’s point of view has some enlightenment on China.