哈贝马斯基本权利思想研究
发布时间：2018-07-20 21:20
【摘要】：尤尔根·哈贝马斯是当今世界屈指可数的哲学家、社会学家、法学家。其研究的学说领域庞杂而高深，涵盖社会科学的方方面面，在此仅就其所研究的法学领域中的一角——基本权利思想进行研究。 西方世界合法化危机与生活世界殖民化是哈贝马斯基本权利思想的社会背景，交往行动理论、语用学以及伦理学构成其权利思想产生的理论基础。哈贝马斯在批判与继承的基础上提出了在其思想中最具有原创性的商谈理论，并进而提炼出构成哈贝马斯基本权利思想逻辑起源的商谈原则。 在弄清楚商谈原则之后，哈贝马斯把商谈原则导入至其基本权利思想之中，使得两者不断融合，使得哈贝马斯的基本权利思想在商谈原则基础之上得以重构。哈贝马斯对当代基本权利以及基本权利体系进行重构，在人权与人民主权统一的基础上，把权利划分为五大范畴，并且对这五大范畴进行分类，从而形成了哈贝马斯基本权利体系。这部分是笔者研究的重点。 最后是对哈氏基本权利体系的客观评价。哈贝马斯基本权利思想崇高的研究价值毋庸置疑，但是缺点也不可避免，笔者仅就自身所发掘的相关优缺点进行阐述，揭示了哈贝马斯相关理论的创新性和局限性，，并通过同中国目前的权利建制现状的比较，揭示了哈贝马斯基本权利思想所具有的伟大的借鉴意义，尤其是同人权理论及中国人民代表大会制度的比较分析，更使得哈氏的人权思想、民主立法程序得以发扬光大，这也是笔者进行研究的真正目的。
[Abstract]:Jurgen Habermas is one of the few philosophers, sociologists and jurists in the world. His theoretical field is complex and profound, covering all aspects of social science. The crisis of legalization of the western world and the colonization of the world of life are the social background of Habermas' thought of basic rights, and the theory of communicative action, pragmatics and ethics constitute the theoretical basis for the emergence of Habermas's thought of right. On the basis of criticism and inheritance, Habermas put forward the most original negotiation theory in his thought, and then refined the negotiation principle which constituted the logical origin of Habermas's thought of basic rights. After clarifying the principle of negotiation, Habermas introduced the principle of negotiation into his thought of basic rights, which made the two of them merge constantly, and made Habermas's thought of basic rights reconstructed on the basis of the principle of negotiation. Habermas reconstructs the contemporary basic rights and the system of basic rights, divides the rights into five categories on the basis of the unity of human rights and people's sovereignty, and classifies these five categories. Thus formed Habermas basic right system. This part is the focus of my research. The last part is the objective evaluation of the basic right system. There is no doubt that Habermas's thought of basic rights is worthy of study, but its shortcomings are inevitable. The author only expounds the relative advantages and disadvantages, and reveals the innovation and limitation of Habermas' relevant theory. By comparing with the current situation of China's right system, this paper reveals the great significance of Habermas's thought of basic rights, especially the comparative analysis with the theory of human rights and the system of Chinese people's Congress. It also makes the thought of human rights and the democratic legislative process carry forward, which is the real purpose of my research.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D90
本文编号：2134814
[Abstract]:Jurgen Habermas is one of the few philosophers, sociologists and jurists in the world. His theoretical field is complex and profound, covering all aspects of social science. The crisis of legalization of the western world and the colonization of the world of life are the social background of Habermas' thought of basic rights, and the theory of communicative action, pragmatics and ethics constitute the theoretical basis for the emergence of Habermas's thought of right. On the basis of criticism and inheritance, Habermas put forward the most original negotiation theory in his thought, and then refined the negotiation principle which constituted the logical origin of Habermas's thought of basic rights. After clarifying the principle of negotiation, Habermas introduced the principle of negotiation into his thought of basic rights, which made the two of them merge constantly, and made Habermas's thought of basic rights reconstructed on the basis of the principle of negotiation. Habermas reconstructs the contemporary basic rights and the system of basic rights, divides the rights into five categories on the basis of the unity of human rights and people's sovereignty, and classifies these five categories. Thus formed Habermas basic right system. This part is the focus of my research. The last part is the objective evaluation of the basic right system. There is no doubt that Habermas's thought of basic rights is worthy of study, but its shortcomings are inevitable. The author only expounds the relative advantages and disadvantages, and reveals the innovation and limitation of Habermas' relevant theory. By comparing with the current situation of China's right system, this paper reveals the great significance of Habermas's thought of basic rights, especially the comparative analysis with the theory of human rights and the system of Chinese people's Congress. It also makes the thought of human rights and the democratic legislative process carry forward, which is the real purpose of my research.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D90
本文编号：2134814
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