霍布斯与卢梭自然状态学说的差异分析
发布时间：2019-03-26 20:20
【摘要】： 霍布斯与卢梭都以自然状态学说推演出他们的法哲学思想体系。然而,他们同途而殊归,相似的时代,法哲学理论都以自然状态学说为其基础,却走上理论发展的不同道路。卢梭在近代自然法传统方面没有紧紧追随霍布斯。他们的法哲学理论不同关键在于他们的自然状态学说不同,要对他们自然状态学说的差异做出有力的分析,我们应当从根本上弄清他们的问题意图. 在施特劳斯的解读基础上,本文认为霍布斯所针锋相对的是中古思想,作为现代政治哲学的奠基人霍布斯将政治与道德问题变为技术问题.霍布斯打破了古代先在秩序,用新的自然理念取代古代自然理念,引入自然状态学说为现代政治秩序提供正当性论证。卢梭的主要对话者是霍布斯。霍布斯将政治与道德问题技术化,给自然披上文明的外衣,科学进步而道德衰坏,人的道德问题被忽略,卢梭对霍布斯进行了批判,卢梭试图剥去自然的文明外衣,重新思考公民德性问题。由于霍布斯与卢梭所思考的问题不同,决定了他们自然状态学说及其基础上的法哲学理论的差异。 本文分三部分.第一部分概述一下霍布斯与卢梭自然状态学说。内容包括:霍布斯与卢梭自然状态学说产生的历史背景,霍布斯与卢梭自然状态学说的问题意图,霍布斯与卢梭自然状态学说的相同点。一切理论都脱离不了一定的历史语境。因此对他们的自然状态学说产生放在历史语境中考察。理论的发展也是传承的过程,霍布斯与卢梭的自然状态学说有一些相同之处。 第二部分论述霍布斯与卢梭自然状态学说的差异,这是本文核心部分。这一部分从伦理基础,公民社会的建构方面来阐述霍布斯与卢梭自然状态学说的差异。伦理基础方面主要以霍布斯自然恶与卢梭自然善以及他们的人性基础(即同情、自尊与竞争、猜忌、荣誉)为分析角度。公民社会建构是以自然法及自然状态向公民社会转变(包括社会契约和主权国家的提出)为分析角度.对霍布斯而言,自然状态转向公民社会是强大的利维坦的诞生,是新的法律权利秩序的形成。对卢梭而言,则公意和人民主权理论的形成,是公民道德的回归和道德人的塑造。 第三部分论述霍布斯与卢梭自然状态学说差异的理论与现实影响。在理论上,洛克、孟德斯鸠、施密特多少都受到霍布斯的影响,特别是德国法学家施密特深入地吸收、改造了霍布斯的理论。康德、黑格尔的思想一定程度上都受到卢梭的影响。霍布斯的理论对英国政治现实几乎没有影响,带有理论的乌托邦色彩。卢梭的理论对政治现实造成深远影响,影响了法国大革命,特别是影响了革命者和政治理论家罗伯斯庇尔。 本文的结语部分概括、强调了全文主题,指出分析霍布斯与卢梭自然状态学说的差异是以霍布斯与卢梭的问题与意图为角度,通过古代近代观念的对比,近代法哲学思想的分歧,彰显二者的差异。霍布斯与卢梭思想的差异仅是时代内部的差异,也就是说是近代思想家之间的差异。在反对中古思想上,他们是一致的。通过分析二者自然状态学说的差异,我们能更清楚地看出西方法哲学史的脉络以及他们自然状态学说的差异所形成的法哲学思想谱系。
[Abstract]:Hobbes and Rousseau both derive their legal philosophy system from the theory of natural state. However, in a similar era, the theory of law philosophy is based on the theory of natural state, but on the different road of theoretical development. Rousseau has not followed the Hobbes in the traditional way of modern natural law. The difference of their legal philosophy is that their natural state theory is different, and it is necessary to make a strong analysis of the differences in their natural state theory, and we should fundamentally find out their problem intentions. On the basis of Strauss's interpretation, this paper holds that Hobbes' tit-for-tat is the traditional Chinese thought, as the founder of the modern political philosophy, Hobbes has changed the political and moral issue into a technique Hobbes broke the ancient natural philosophy with the new natural philosophy, and introduced the theory of natural state to the modern political order. The main interlocutor of Rousseau is Hobbes, the technology of the political and moral problems, has given the natural cloak of civilization, the scientific progress and the moral decline, the moral issue of the person is ignored, Rousseau criticized the Hobbes, and the Rousseau tried to strip the natural and civilized garment and rethinking the citizen. The question of sex is that Hobbes and Rousseau have different questions, and they decide on their own theory of nature and the theory of the legal philosophy on the basis of their theory. The difference. This article is divided into three parts. The first part gives an overview of Hobbes and Lew. The theory of the natural state of the shuttle. The contents include: the historical background of Hobbes and Rousseau's natural state theory, the intention of Hobbes and Rousseau's theory of nature, and the nature of Hobbes and Rousseau. The same point of state theory. All the theories can't get out of here. A certain historical context. Therefore, the theory of natural state is put in place. The study of the historical context. The development of the theory is also the course of the inheritance, and the theory of the natural state of Hobbes and Rousseau. There are some similarities. The second part deals with the theory of Hobbes and Rousseau's natural state. The difference is the core part of this paper. This part expounds the Hobbes from the basis of the ethics and the construction of the civil society. The difference of Rousseau's natural state theory is mainly based on the nature of Hobbes and the nature of Rousseau and their human nature (i.e. compassion, self-respect and competition). The construction of the civil society is to transform the civil society (including social contract and sovereignty) with the natural law and the natural state. The country's proposal) is the analysis of the angle. For Hobbes, the natural state is turning to the civil society. It is the birth of the powerful Levitan. The formation of a new order of legal rights. For Rousseau, the formation of the theory of the public and the people's sovereignty is a citizen's way. De's return and the shaping of the moral man. The third part deals with Hobbes and Rousseau. In theory, Locke, Montesquieu and Schmitt are influenced by Hobbes, especially the German jurist. In-depth absorption, modified Hobbes' theory. Kant, Hegel. The thought must be influenced by Rousseau to some extent. The theory of Hobbes has little to do with the British political reality. The theory of Rousseau has a far-reaching influence on the political reality, which has a great influence on the French Revolution, especially its influence. In this paper, the author points out that the differences between Hobbes and Rousseau's theory of nature are based on the problems and intentions of Hobbes and Rousseau, and through the comparison of the ancient and modern concepts. The differences between the ideas of Hobbes and Rousseau are only the interior of the times. The difference, that is, between modern thinkers In the opposition to the ancient thought, they are the same. By analyzing the differences between the two natural state theories, we can more clearly see the history of the western method and their self-adaptation.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D09
本文编号：2447890
[Abstract]:Hobbes and Rousseau both derive their legal philosophy system from the theory of natural state. However, in a similar era, the theory of law philosophy is based on the theory of natural state, but on the different road of theoretical development. Rousseau has not followed the Hobbes in the traditional way of modern natural law. The difference of their legal philosophy is that their natural state theory is different, and it is necessary to make a strong analysis of the differences in their natural state theory, and we should fundamentally find out their problem intentions. On the basis of Strauss's interpretation, this paper holds that Hobbes' tit-for-tat is the traditional Chinese thought, as the founder of the modern political philosophy, Hobbes has changed the political and moral issue into a technique Hobbes broke the ancient natural philosophy with the new natural philosophy, and introduced the theory of natural state to the modern political order. The main interlocutor of Rousseau is Hobbes, the technology of the political and moral problems, has given the natural cloak of civilization, the scientific progress and the moral decline, the moral issue of the person is ignored, Rousseau criticized the Hobbes, and the Rousseau tried to strip the natural and civilized garment and rethinking the citizen. The question of sex is that Hobbes and Rousseau have different questions, and they decide on their own theory of nature and the theory of the legal philosophy on the basis of their theory. The difference. This article is divided into three parts. The first part gives an overview of Hobbes and Lew. The theory of the natural state of the shuttle. The contents include: the historical background of Hobbes and Rousseau's natural state theory, the intention of Hobbes and Rousseau's theory of nature, and the nature of Hobbes and Rousseau. The same point of state theory. All the theories can't get out of here. A certain historical context. Therefore, the theory of natural state is put in place. The study of the historical context. The development of the theory is also the course of the inheritance, and the theory of the natural state of Hobbes and Rousseau. There are some similarities. The second part deals with the theory of Hobbes and Rousseau's natural state. The difference is the core part of this paper. This part expounds the Hobbes from the basis of the ethics and the construction of the civil society. The difference of Rousseau's natural state theory is mainly based on the nature of Hobbes and the nature of Rousseau and their human nature (i.e. compassion, self-respect and competition). The construction of the civil society is to transform the civil society (including social contract and sovereignty) with the natural law and the natural state. The country's proposal) is the analysis of the angle. For Hobbes, the natural state is turning to the civil society. It is the birth of the powerful Levitan. The formation of a new order of legal rights. For Rousseau, the formation of the theory of the public and the people's sovereignty is a citizen's way. De's return and the shaping of the moral man. The third part deals with Hobbes and Rousseau. In theory, Locke, Montesquieu and Schmitt are influenced by Hobbes, especially the German jurist. In-depth absorption, modified Hobbes' theory. Kant, Hegel. The thought must be influenced by Rousseau to some extent. The theory of Hobbes has little to do with the British political reality. The theory of Rousseau has a far-reaching influence on the political reality, which has a great influence on the French Revolution, especially its influence. In this paper, the author points out that the differences between Hobbes and Rousseau's theory of nature are based on the problems and intentions of Hobbes and Rousseau, and through the comparison of the ancient and modern concepts. The differences between the ideas of Hobbes and Rousseau are only the interior of the times. The difference, that is, between modern thinkers In the opposition to the ancient thought, they are the same. By analyzing the differences between the two natural state theories, we can more clearly see the history of the western method and their self-adaptation.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D09
【引证文献】
相关硕士学位论文 前1条
1 严燕超;卢梭自然状态理论的政治意蕴[D];扬州大学;2012年
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