一、引言在法律和法学文献中没有一个词比权利更加含糊不清。〔1〕在拉丁语系中,权利一词与法律、正义等词汇纠结在一起,具有更大的模糊性,诚如笛卡尔对“时间是什么”的追问而令人匪夷。但睿智的法学家(如哈特)善于对模糊问题寻找适切的方法解释相关问题,由此获得对某一问题的诠释。20世纪60-70年代,美国社会出现了前所未有的动 I. Introduction No single word in legal and legal literature is more ambiguous than rights. [1] In Latin, the term entitlement is tangled with the words such as law and justice and has more ambiguity, just as Descartes questioning “What time is there”? However, wise jurists (such as Hart) are good at finding a suitable way to explain the relevant issues of fuzzy problems, thus gaining an interpretation of a problem. From the 1960s to the 1970s, American society has seen an unprecedented move