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德沃金的权利理论产生于特定时期的美国,社会环境的差异性导致了权利理论移植中可能出现的一系列问题。然而,我们却不能因为这种差异性而否认权利理论对于解决中国本土社会问题的意义。在《权利,违法的权利与中国境遇》一文中,作者已经对权利理论的适切性问题做了详细的论述和分析,并且试图从权利理论的角度审视“高考移民”问题的本质和解决。
Dworkin’s theory of rights was born in the United States in a specific period. The differences in social environment led to a series of problems that may arise in the transplantation of rights theory. However, we can not deny the significance of the theory of rights to the solution of the social problems in China’s own land because of such differences. In his article entitled “Rights, Illegal Rights and the Situation in China,” the author has made a detailed discussion and analysis of the adequacy of the theory of rights and has attempted to examine the essence of the “college entrance examination immigration” issue from the perspective of rights theory. solve.