【作者】 王君霞；

【导师】 张贤明；

【作者基本信息】 吉林大学 ， 政治学理论， 2010， 博士

【副题名】霍布斯自然权利理论研究

【摘要】 霍布斯把人的天性设定为个人追求自身欲望的满足,他以此确立了人的个体身份。由于个体欲望活动和他人欲望活动之间的冲突,对个体来说他人就具有了敌对性,这使个体存在产生了对抗性。在个体的不同存在方式中,个体对自身和他人之间关系设定的不同,个体的对抗方式也就不同,这些不同的存在方式和对抗方式使个体拥有不同形态的自然权利。霍布斯在其理论中分析了个体的三种存在方式和对抗方式,以及个体自然权利的三种不同形态。在自我绝对优先的存在方式中,个体自我设定其主观欲求,并采用直接的对抗方式,通过使用自身的一切力量控制他人行为,来消除他人的敌对性。在直接对抗中,个体拥有无限的自然权利,即对一切事物的权利。由于个体和他人之间在力量上的平等,在直接对抗中个体不能够通过自身的力量来有效控制他人的行为,这使个体的欲求无法有效实现,因此个体无限的自然权利是不可行的。在自我相对优先的存在方式中,个体根据普遍的平等原则设定其正当欲求,并采用间接对抗的方式,通过在有限范围内使用有限手段控制他人行为,来消除他人的敌对性,使其正当欲求能够得到优先实现。在间接对抗中,个体拥有有限的自然权利,包括平等的人身权、财产权和自由裁量权。由于在间接对抗中个体也无法获取足够的力量来优先实现其正当欲求,因此个体有限的自然权利也是不可行的。在他人优先的存在方式中,个体根据主权者的意志来设定其实际欲求范围,延迟自身正当欲求的实现,从而使他人欲求的实现具有优先性。个体采用消极对抗的方式,把对抗意志只保留在主观观念中,只有在自身利益受到严重损害的极端状态下,才采取反抗他人意志的行为来维护其自身存在。在消极对抗中,他人对个体仍具有无限的敌对性,这使个体的存在陷入困境。霍布斯认为,造成个体存在困境的根源是人们理性道德能力的不完备,因此个体走出存在困境的途径就是通过教育培养人们的理性道德能力。教育作为个体摆脱存在困境、实现正当欲求的手段,使个体消极自然权利产生了社会化,霍布斯由此证明了一种合理的个体自然权利在实质上的社会性。更多还原

【Abstract】 Individualism is the current character in morden european society which considered the human being in the centre of world, supports the positive meaning of this life,and to give individuals the realization of worldly desires to legitimacy. The rise of individualism made the traditional society collapsed and individuals liberated,Meanwhile, intensified social conflicts, resulting in social unrest and war. This kind of social situation pulled the political science to facing a new task,namely, how to build the social order in the base of individualism. This new topic in political science is the motivity of natural rights theory of Thomas Hobbes. the logical starting point of the natural right theory is The opposability of individual existence. the theory assumed the nature of Individual’s were pursuiting all his desire,thus the person’s individual identity could be established.As the conflict between the activities of individual desires and activities of others was unavoidable, others made hostility to one’s existence,so there is a confrontational in individual, and made the the effective of self-preservation as an objective to the desire of individual existence.Individuals have different ways of confrontation, self-preservation of individuals have different effects. That’s the necessary of using scientific method to reviewing and comparing the different way in individual existance.Hobbes first analyzed individual direct confrontation way. the former is the way considering his own desire first no matter how the other’s demand,he was not under the desire of others to limit their desires,it is not any restrictions.in this way, the scope and fight against the individual means are infinite, the way of individual confrontation is direct.In this direct confrontation, the individual has an infinite natural right, that the natural right of all things. the individual desires of the unrestricted caused direct confrontation between the desires of individual activities with others. Individual has to expanding his mandatory force to maintaining his exist. However,the hostility couldn’t be eliminated since the individual hasn’t no more strength than the others.so the hostility to others was infinite,and cause the war between oneself and another.In this state of war,the individual couldn’t get self-preservation.Therefore, an individual’s natural rights is not feasible.Hobbes subsequently analysed the relative priority of individual self-existence and the indirect confrontation by the mathod of natural law.The principle of equality is the substance of a rational natural law, which requires the individual take the same attitude between themself and others.The relative priority of the existence of oneself is a practical form of equality principle.In the form of which practice, individual decided his legitimate desire according to the principle of equality, on the other hand,individual satisfied his justifiable demand by the principle of self-priority. The scope and method against the individual existence are limited, the way of individual confrontation is indirect which could only as a preparedness, punishement,compensition in case of the justifiable interests be violated. In this indirect confrontation,the individual has a limited natural rights, including equality of personal rights, property rights and discretion. As there was big competition between individual and others,individual must rely on some compulsive power to eliminate this hostility so as to set up a equal relation and estabilsh alliance with others.However, the disruption and conflict in the natural alliance would take place usually and couldn’t be sustained in a long time, which makes the individual couldn’t establish an equal relations with others and perserve himself in the way of self-relative priority. In conclusion, a limited natural rights in individual isn’t feasible.Hobbes Finally analysed the way of individual existence with the priority of others and in which there is a way of negative confrontation.The priority of others constructed by principle of absolute sovereignty.It is also a practical form of equality which individual admitted the priority of sovereignty,hang up itself desire,obey the sovereignty’s will,then set up a equal relationship with others.in this way, individuals in the general can not resist the will of the sovereign to maintain their existence.only in extreme condition,that is,the rule of the sovereign serious damage the interest of individual,Individual was able to resist the will of the sovereign to protect their own existence.therefore,the way of individual confrontation is negative,but in such a confrontational way, Individuals have a negative natural rights. And other subjects as sovereignty, rational and moral capacity of incomplete manner in the presence of other priorities, the others still have unlimited individual hostile, which makes the whole existence of individual hardship. Hobbes believes that to make the plight of the individual out of the way there is through education and the subjects of the sovereign capacity of the moral and rational culture. Education as a means of individual desire to achieve the legitimate rights of the individual nature of the society. Natural rights are not only being retained in the individual’s subjective area, or is only used in extreme condition,but also through the exchanges between individuals and others to change the ideas of others such subjective social manner to achieve.The creativity of Hobbes theory is that he demonstrates the social nature of individual natural rights in a roundabout way. A reasonable individual natural rights, that is not a subjective arbitrary desire, nor the individual in the universal principle of priority to achieve the legitimate desire, nor is this a legitimate desire of the purely subjective, but the exchange with others to achieve their legitimate desires. In this society of individual natural rights, the individual’s opposability also has a positive meaning. The shortage of Hobbesian natural rights theory is that the natural rights of the individual socialization was not undestaned very well. The individual’s natural rights couldn’t be expressed and realized by individual’s more active political participation.更多还原