论文部分内容阅读
个人与社会关系问题,或者更彻底地说“人是什么”是一个元问题,也是法治国家建设战略转型中需要着力厘清和审慎处理的基础性理论命题和根本性实践问题。观察和处理人与社会关系问题,有两种基本的认识论立场和价值取向:个体主义和整体主义。在现代性语境下,应当以“个体主义基础上的整体主义”作为法治转型中人与社会关系的定位。在这一价值取向下,社会和法治建设须解决的基本问题,一是对以个体主义为实质的自由放任主义的防范,二是对“功利”侵害“权利”之社会功利主义的警惕。法治建设的基本任务是,建立个人与社会(国家)关系和谐共生、社会公平正义彰显、充满人文关怀、保障和改善民生的新型法治。
The issue of the relationship between the individual and the society, or more thoroughly, “what is the person?” Is a meta-question, and it is also a basic theoretical issue and a fundamental practical issue that needs to be clarified and handled with caution in the strategic transformation of the rule of law. There are two basic epistemological positions and values in observing and dealing with the relationship between man and society: individualism and holism. Under the context of modernity, “integrity” based on “individualism” should be taken as the orientation of the relationship between man and society in the transformation of the rule of law. Under this value orientation, the basic problems that must be solved in the construction of society and the rule of law are the prevention of laissez-faireism which is based on the essence of individualism, and the social utilitarianism that infringes the power of Vigilance The basic task of the rule of law is to establish a new rule of law that involves the harmonious coexistence of individual and social (state) relations, the display of social fairness and justice, full of humane care, and safeguard and improvement of people’s livelihood.