理性、 传统与自然权利———埃德蒙·柏克的保守主义人权理论及其影响

Reason，Tradition and Natural Rights—Edmund Burke’s Conservative Human Right Theory and Its Impact

摘要:

在对法国大革命的反思中, 柏克质疑了启蒙思想家的理性主义。 他视理性主义为 “野蛮哲 学”, 认为用抽象理性指导具体的实践是 “理性的误用”, 以绝对抽象的理性衍生的权利一定是 “虚幻人 权”。 某一国家或民族之成员从祖先继承而来的权利才是真正的人权, 它是具体的、 历史的权利。 政府的基 础并非奠定在抽象的虚幻权利之上, 而是来自有史以来约定俗成的 “先见”。 柏克的权利哲学一反启蒙思想 家的自然权利、 社会契约论证范式, 对光荣革命后的英国宪制转型影响甚巨。 余脉所及, 形成了影响深远的 保守主义人权理论, 对今天的人权建设仍然具有一定的意义与价值。

Abstract:

The state theories constructed by thinkers in the Enlightenment era established the supremacy of individual reason and the legitimacy of individual freedom and rights on the basis of reason. In his reflection on the French Revolution，Burke questioned the rationalism of Enlightenment thinkers，regarding their rationalism as a _“ barbaric philosophy_” and the use of abstract reason to guide concrete practice as a _“misuse of reason_”. He believed that rationalists pursue a utopian plan based on a series of abstract ideas divorced from any practical or social context，which will lead to the destruction of freedom. No political method or instrument is universally valid and feasible; contingency，context and chance，not theoretical deliberation，determine politics. Using abstract theory to guide concrete practice is_“the misuse of reason_”，so Burke believed that the natural rights derived from absolute and abstract reason of enlightenment thinkers must also be_“illusory human rights_”. Although Burke did not deny the natural rights in the state of nature，he believed that the natural rights would not be transformed into universal human rights，the abstract human rights above all are a fiction of theoretical speculation，and there is no abstract freedom in the world. The result of putting the universal ethical human rights into political practice was that the French revolutionaries slaughtered Kings，nobles and judges in the name of revolution. At this time，those so-called human rights caused a disaster. Burke believed that the rationalism of right discourse makes the expression of right more abstract and general，and even makes the right illusory and difficult to realize. Burke opposed the natural rights of abstract rationalism，the Rational deductive transcendental French system of natural law and natural rights; he called for a kind of real English human rights beyond metaphysics，that is，rights born of tradition. The rights inherited from the ancestors of the members of a country or a nation are the real human rights，the concrete and historical rights. Everyone_’s rights can only come from the ancient tradition. The roots of rights are deeply rooted in the development process of a society. It comes from the inheritance of ancestors_’ political heritage，which has been established and known through long-term practice. The foundations of government are not based on abstract illusory rights，but on the prejudice since the beginning of history. Burke_’s philosophy of rights，contrary to the demonstration paradigm of natural rights and social contract of enlightenment thinkers，had a great influence on the British constitutional transformation after the Glorious Revolution. The influence of the conservative theory of human rights has remained a strong force ever since. For today’s human rights construction，Burke_’s conservative human rights theory can provide us with more inspirations and ideas，reminding us to apply more practical wisdom and seek for social consensus in the contemporary society of democratic value pluralism，which may be more conducive to the realization of rights and human rights than sticking to a perfect theory.