慈善:德性抑或权利——洛克的视角
发布时间：2018-12-21 09:56
【摘要】：在洛克研究的"宗教转向"中,财产权问题是一个核心的问题。洛克的财产权理论中蕴含着体现平等主义的慈善思想。在他那里,个人不仅有自我保存的对上帝的义务,而且还有使他人得以保存的慈善的义务。洛克的宗教背景使他的慈善思想非常接近于托马斯主义。他的慈善并不是外在的行为,而是人的一种德性,其基本含义有两点,一是"爱",二是"宽容"。洛克的慈善在一定的条件下性质会发生变化,从仅仅是内在的道德上的品格转化为一种外在的法律上的权利。洛克的慈善的性质可以转化的观点显著地改变了他的财产权理论的面貌,使他同现代自由主义者区别开来。但是,洛克并没有把慈善看作一种高于财产权的权利,如果说他的理论中存在"慈善权"的话,也仅仅指的是人的生存的权利。
[Abstract]:In Locke's religious turn, property right is a core issue. Locke's theory of property rights contains the philanthropic thought of egalitarianism. In him, individuals have an obligation not only to self-preservation to God, but also to charity that allows others to be preserved. Locke's religious background brought his charitable thought very close to Thomas Doctrine. His charity is not an external act, but a virtue of human beings, which has two basic meanings, one is "love", the other is "tolerance". The nature of Locke's charity will change under certain conditions, from merely internal moral character to an external legal right. Locke's view of the transmutable nature of charity dramatically changed his theory of property rights and distinguished him from modern liberals. However, Locke does not regard charity as a right which is superior to property right. If there is a "right of charity" in his theory, he only refers to the right of existence of human beings.
【作者单位】： 广东财经大学法学院;
【基金】：国家留学基金资助(留金法[2016]5113)
【分类号】：B82-02
本文编号：2388752
[Abstract]:In Locke's religious turn, property right is a core issue. Locke's theory of property rights contains the philanthropic thought of egalitarianism. In him, individuals have an obligation not only to self-preservation to God, but also to charity that allows others to be preserved. Locke's religious background brought his charitable thought very close to Thomas Doctrine. His charity is not an external act, but a virtue of human beings, which has two basic meanings, one is "love", the other is "tolerance". The nature of Locke's charity will change under certain conditions, from merely internal moral character to an external legal right. Locke's view of the transmutable nature of charity dramatically changed his theory of property rights and distinguished him from modern liberals. However, Locke does not regard charity as a right which is superior to property right. If there is a "right of charity" in his theory, he only refers to the right of existence of human beings.
【作者单位】： 广东财经大学法学院;
【基金】：国家留学基金资助(留金法[2016]5113)
【分类号】：B82-02
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