德沃金权利理论初探
发布时间：2018-10-08 11:28
【摘要】： 针对20世纪60、70年代美国出现的一系列社会问题,美国著名法哲学家罗纳德·德沃金(Ronald·Dworkin)提出了一套权利理论。该理论以盛行已久的功利主义法学和实证主义法学为批判对象,重新强调个人本位价值观的重要性,指出重视个人权利才是社会持续发展的根本,并要求政府应平等的对待和尊重每个人。权利理论的提出既为法学自身发展提供了参考,也为美国社会发展指明了方向。 相比较而言,目前我国正处于社会转型期,法治建设有待完善,当前的突出现象是：由于受社会本位(群体本位)价值观的影响,个人权利长期得不到重视,不平等现象屡见不鲜,社会矛盾日益突出,这对我国构建和谐社会极为不利。因此,借鉴德沃金权利理论,对构建我国的权利理论,唤起整个社会对个人权利的关注和重视,最大程度地实现法律平等有着重大的现实意义! 文章第一部分介绍了德沃金权利理论产生的时代背景和理论来源。通过交代德沃金权利理论产生的时代背景和理论来源,不仅可以更深刻地理解该理论的内容,而且能够更好的体会其重要的学术研究价值和重大的现实意义。文章第二部分详细阐述了德沃金权利理论的内容,具体介绍了理论的构成部分和核心观点,为后文对理论进行分析做好铺垫。文章的第三、第四部分是本文的重点也是文章的创新之处。第三部分主要对德沃金权利理论作出评价。这部分作者通过独特的视角、以客观理性的态度对其理论进行评价,既看到权利理论具有的积极作用,同时也对其理论带来的疑问进行了思考,从而能够让人们对德沃金权利理论有一个更全面、深入的了解。文章最后一部分结合我国社会现实提出意见和建议：我国亟待构建一套自己的权利理论,该理论以承认个人权利优先性为基础,以实现权利平等为目标,从而推动我国法学发展迈向更高层次,为我国社会的现代化转型做出贡献!
[Abstract]:In view of a series of social problems that appeared in America in the 1960s and 1970s, Ronald Dworkin, a famous American philosopher of law, put forward a set of rights theory. The theory takes the popular utilitarian jurisprudence and positivist jurisprudence as the critical object, re-emphasizes the importance of individual-oriented values, and points out that attaching importance to individual rights is the foundation of the sustainable development of society. And demands that the government treat and respect everyone equally. The theory of right not only provides reference for the development of law itself, but also points out the direction for the development of American society. Comparatively speaking, at present our country is in the social transition period, the construction of the rule of law needs to be perfected, the current prominent phenomenon is: because of the influence of the social standard (group standard) values, the individual rights have not been attached importance to for a long time. Inequality is common and social contradictions are becoming increasingly prominent, which is extremely disadvantageous to the construction of a harmonious society in our country. Therefore, drawing lessons from Dworkin's theory of rights is of great practical significance to construct the theory of rights in our country, to arouse the attention and attention of the whole society to individual rights, and to realize the equality of law to the greatest extent. The first part introduces the background and theoretical source of Dworkin's theory of right. By explaining the background and theoretical source of Dworkin's right theory, we can not only understand the content of the theory, but also better understand its important academic research value and great practical significance. In the second part, the content of Dworkin's right theory is expounded in detail, and the composition and core viewpoints of the theory are introduced in detail, which will pave the way for the analysis of the theory later. The third and fourth part of the article is the focus of this article and the innovation of the article. The third part mainly evaluates Dworkin's theory of right. This part of the author through a unique perspective, with an objective and rational attitude to the evaluation of his theory, not only see the positive role of the theory of rights, but also the theory of the question brought by the thinking. So that people can have a more comprehensive and in-depth understanding of Dworkin's theory of rights. In the last part of the article, the author puts forward some opinions and suggestions according to the social reality of our country: our country urgently needs to construct a set of rights theory, which is based on the recognition of the priority of individual rights and aims at realizing the equality of rights. In order to promote the legal development of our country to a higher level, for the modernization of our society to make contributions!
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D909.712
本文编号：2256579
[Abstract]:In view of a series of social problems that appeared in America in the 1960s and 1970s, Ronald Dworkin, a famous American philosopher of law, put forward a set of rights theory. The theory takes the popular utilitarian jurisprudence and positivist jurisprudence as the critical object, re-emphasizes the importance of individual-oriented values, and points out that attaching importance to individual rights is the foundation of the sustainable development of society. And demands that the government treat and respect everyone equally. The theory of right not only provides reference for the development of law itself, but also points out the direction for the development of American society. Comparatively speaking, at present our country is in the social transition period, the construction of the rule of law needs to be perfected, the current prominent phenomenon is: because of the influence of the social standard (group standard) values, the individual rights have not been attached importance to for a long time. Inequality is common and social contradictions are becoming increasingly prominent, which is extremely disadvantageous to the construction of a harmonious society in our country. Therefore, drawing lessons from Dworkin's theory of rights is of great practical significance to construct the theory of rights in our country, to arouse the attention and attention of the whole society to individual rights, and to realize the equality of law to the greatest extent. The first part introduces the background and theoretical source of Dworkin's theory of right. By explaining the background and theoretical source of Dworkin's right theory, we can not only understand the content of the theory, but also better understand its important academic research value and great practical significance. In the second part, the content of Dworkin's right theory is expounded in detail, and the composition and core viewpoints of the theory are introduced in detail, which will pave the way for the analysis of the theory later. The third and fourth part of the article is the focus of this article and the innovation of the article. The third part mainly evaluates Dworkin's theory of right. This part of the author through a unique perspective, with an objective and rational attitude to the evaluation of his theory, not only see the positive role of the theory of rights, but also the theory of the question brought by the thinking. So that people can have a more comprehensive and in-depth understanding of Dworkin's theory of rights. In the last part of the article, the author puts forward some opinions and suggestions according to the social reality of our country: our country urgently needs to construct a set of rights theory, which is based on the recognition of the priority of individual rights and aims at realizing the equality of rights. In order to promote the legal development of our country to a higher level, for the modernization of our society to make contributions!
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D909.712
【引证文献】
相关博士学位论文 前1条
1 桂家友;中国城乡公民权利平等化问题研究（1949-2010）[D];华东师范大学;2011年
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