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John Locke(1632-1704)

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Title: John Locke(1632-1704)


1
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2
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3
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5
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  • ??????,?????,?????,??(????????????????)???????????
    ?????????????,?????????????

6
?????????
  • John Locke(1632-1704)
  • Jean-Jacques Rousseau(1712-1778)
  • Immanuel Kant(1724-1804)
  • Benjamin Constant(17671830 )
  • John Stuart Mill( 18061873)

7
?????????
  • ???(Friedrich August von Hayek)
  • ???(John Rawls)
  • ???(Robert Nozick)
  • ???(Ronald Dworkin)
  • ??(Joseph Raz)

8
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9
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    ???????????????

10
?????
  • ?????????????????????????,??????????????,????????
    ???????,?????
  • ????,??????????????,??????
  • NOT liberty as suchx is free from y to do z.
  • NOT liberty as license?????????????????????????
  • ???????????There is a general presumption against
    imposing legal and other restrictions on conduct
    without a sufficient reason.
  • ?????Mills Harm Principle

11
Mills Harm Principle
  • The object of this essay is to assert one very
    simple principle, as entitled to govern
    absolutely the dealings of society with the
    individual in the way of compulsion and control,
    whether the means used be physical force in the
    form of legal penalties, or the moral coercion of
    public opinion. That principle is that the sole
    end for which mankind are warranted, individually
    or collectively, in interfering with the liberty
    of action of any of their number, is
    self-protection. That the only purpose for which
    power can be rightfully exercised over any member
    of a civilized community, against his will, is to
    prevent harm to others. His own good, either
    physical or moral, is not a sufficient warrant.
    He cannot rightfully be compelled to do or
    forbear because it will be better for him to do
    so, because it will make him happier, because, in
    the opinion of others, to do so would be wise, or
    even right.
  • On Liberty

12
?????
  • liberty as independenceas having the status of a
    person as independent and equal rather than
    subservient.
  • ???
  • liberty as personal autonomy?????,???????????????
    ???????????,????????????????????????
  • ??

13
???
  • We are concerned in this book with that condition
    of men in which coercion of some by others is
    reduced as much as is possible in society. This
    state we shall describe throughout as a state of
    liberty or freedom.
  • The state in which a man is not subject to
    coercion by the arbitrary will of another or
    others is often also distinguished as
    individual or personal freedom.
  • The Constitution of Liberty, 11.

14
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    ,???????????????????????,?????????????
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15
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  • ???????????????????,??????????????????????????,??
    ???????????????,???????????
  • ???????????????????????

16
Dworkin??????
  • ??????????,????????,????,????,????,???????,???????
    ???,????????????,???????,????,??????
  • ????????????,????????????????
  • ??????????,?????????????(??)???
  • ????????????????????

17
Dworkin????????????
  • ???????????????????????
  • ???????,?????????????????
  • ?????????????????????????????
  • ???????????????????????????????????
  • ??????????????????,??(?????)????????
  • ???????????????????????????????

18
Dworkin????????????
  • ?????????????????????,????
  • ????(political equality)
  • ????(equality under law)
  • ????(equality in the distribution of material
    resources)
  • ?????????????????????????????????,???????????????
    ?

19
Dworkin????????????
  • ??????????????,?????????????????
  • ???????,?????,?????????????????????,??????????????
    ???????????????(????/?????)????????,??????????
  • ?????????????,???????,?????????????????????????,?
  • ?????????(liberal liberty)
  • ?????????(liberal distributive justice)
  • ???????(liberal democracy)
  • ???????(liberal rule-of-law)
  • ???????(liberal community)

20
????????????
  • ??????,?????????????????????????????????
  • ??????????,???????intelligibility???transparency,?
    ?????????????????

21
Rawls
  • One central element of liberalism is certainly
    the following A legitimate regime is such that
    its political and social institutions are
    justifiable to all citizens to each and every
    one by addressing their reason, theoretical and
    practical. Again a justification of the
    institutions of the social world must be, in
    principle, available to everyone, and so
    justifiable to all who live under them. The
    legitimacy of a liberal regime depends on such a
    justification. (Lectures on the History of
    Political Philosophy, 13.)

22
Rawls
  • This requirement of a justification to each
    citizens reason connects with the tradition of
    social contract and the idea that a legitimate
    political order rests on unanimous consent. The
    aim of a contractual justification is to show
    that each and every member of society has a
    sufficient reason to agree to that order, to
    acknowledge it, on the condition that other
    citizens acknowledge it as well. (Ibid. 13-14)

23
?????????????
  • The Marxist is working with a more manipulative
    or technocratic conception of understanding a
    process has not been made humanly intelligible
    unless there is a sense in which humanity can, as
    it were, take it over, not only representing it
    in thought but reproducing its working in the
    concrete form of deliberate agency.
  • Jeremy Waldron

24
The most fundamental idea
  • Society is a fair system of cooperation between
    citizens regarded as free and equal moral persons.

25
society
  • The idea of society as a fair system of
    cooperation
  • The idea of fair terms of cooperation
  • Fair terms are terms each participant may
    reasonably accept, and sometimes should accept,
    provided that everyone likewise accepts them.
  • Fair terms of cooperation specify an idea of
    reciprocity, or mutuality. (6)
  • The role of the principles of justice (for a
    democratic society) is to specify the fair terms
    of cooperation (between citizens conceived as
    free and equal persons).

26
The Question
  • How are the fair terms of cooperation specified?
  • Are they specified by an authority distinct from
    the persons cooperating, say, by Gods law?
  • Or are these terms recognized by everyone as fair
    by reference to a moral order of values, say, by
    rational intuition, or by reference to what some
    have viewed as natural law?
  • Or are they settled by an agreement reached by
    free and equal citizens engaged in cooperation,
    and made in view of what they regard as their
    reciprocal advantage, or good? And under
    conditions that are fair for all? (15)

27
The idea of moral persons
  • Two moral powers the capacity for a sense of
    justice (the capacity to understand, to apply,
    and to act from the principles of political
    justice) a capacity for a conception of the good
    (the capacity to have, to revise, and rationally
    to pursue a conception of the good).
  • Such a conception is an ordered family of final
    ends and aims which specifies a persons
    conception of what is of value in human life or,
    alternatively, of what is regarded as a fully
    worthwhile life.
  • The elements of such a conception are normally
    set within, and interpreted by, certain
    comprehensive religious, philosophical, or moral
    doctrines in light of which the various ends and
    aims are ordered and understood. (19)

28
Free and equal persons
  • Citizens are free in that they conceive
    themselves and of one another as having the moral
    power to have a conception of the good.
  • As free persons, citizens claim the right to view
    their persons as independent from and not
    identified with any particular conception of the
    good. Given their moral power to form, to
    revise, and rationally to pursue a conception of
    the good, their public identity or legal identity
    as free persons is not affected by changes over
    time in their determinate conception of the good.
    (Restatement, 21)

29
Free and equal persons
  • Citizens are free in the sense that they view
    themselves as free namely, they regard
    themselves as self-autheticating sources of valid
    claims.
  • they regard themselves as being entitled to make
    claims on their institutions so as to advance
    their conceptions of the good (provided these
    conceptions fall within the range permitted by
    the public conception of justice)
  • They regard these claims as having weight of
    their own apart from being derived duties and
    obligations specified by a political conception
    of justice.
  • Claims that citizens regard as founded on duties
    and obligations based on their conception of the
    good and the moral doctrine they affirm in their
    own life are also to be counted as
    self-autheticating, provided they are compatible
    with the pubic conception of justice.
    (Restatement, 23)

30
Free and equal persons
  • Citizens are regarded as equal persons in that
    they are all regarded as having to the essential
    minimum degree the moral powers necessary to
    engage in social cooperation over a complete life
    and to take part in society as equal citizens.
  • All who can be fully cooperating members of
    political society count as equals and can be
    treated differently only as the public political
    conception of justice allows.

31
Rawls ?????
  • (1)?????????????????????????,?????????????????
  • (2)????????????????
  • (a)?????????????????,???????????????????????????,?
    ?????
  • (b)?????????????????????(???????)?????
  • (1)???(2)(2a)???(2b)?

32
??
  • ?????????????????
  • ???????????????????????

33
????
?? ?? ???? ??/??
2 ??????????????......?????????? ???,????????????????? ??????CC?????-????-?????????3.0??????
10 There is a general ......without a sufficient reason Three Anarchical Fallacies An Essay on Political Authority,??Edmundson, William A.,???Cambridge Univ Pr,????2007?07?31?,?92? ???????46?52?65??????
11 The object of this ......to do so would be wise, or even right. On Liberty and Other Essays,??Mill, John Stuart,???Lightning Source Inc,????2010?01?30?,?10? ???????46?52?65??????
12 as having the status of ......rather than subservient Feminism and Citizenship,??Voet, Rian/ Voet, Maria Christine Bernadetta,???Sage Pubns,????1998?07?01?,?49? ???????46?52?65??????
12 ?????,?????......?????????? Reconstructing Rawls The Kantian Foundations of Justice As Fairness,??Taylor, Robert S.,???Pennsylvania State Univ Pr,????2011?04?30?,?67? ???????46?52?65??????
34
????
?? ?? ???? ??/??
13 We are concerned in...... liberty or freedom Vulnerable Adults and Community Care,??Brown, Keith (EDT),???Intl Specialized Book Service Inc,????2010?10?27?,?8? ???????46?52?65??????
13 The state in which a man ...... or personal freedom Toward a New Socialism,??Anton, Anatole (EDT)/ Schmitt, Richard (EDT), ???Rowman Littlefield Pub Inc,????2007?02?20?,?55????????46?52?65??????
14 ???????????????......????????? Anarchy, State and Utopia,??Nozick, Robert,???Perseus Books,????1977?11?10?,?228???????????? ???????46?52?65??????
14 ??????????......??????? Anarchy, State and Utopia,??Nozick, Robert,???Perseus Books,????1977?11?10?,?280???????????? ???????46?52?65??????
15 ??????????......????????? The Morality of Freedom,??Joseph Raz,??? Oxford University Press,???? 1986?,?317-319???????????? ???????46?52?65??????
35
????
?? ?? ???? ??/??
15 ??????????????????????? The Morality of Freedom,??Joseph Raz,??? Oxford University Press,???? 1986?,?415???????????? ???????46?52?65??????
16 Dworkin??????????????......???????? Sovereign Virtue The Theory and Practice of Equality,??Dworkin, Ronald,???Harvard Univ Pr,????2002?03?01?,?5-6? ??????????????????46?52?65??????
17 ?????????......????????? Laws Empire,??Dworkin, Ronald,???Harvard Univ Pr,????1988?03?01?,?441???????????? ???????46?52?65??????
17 ??????????......??(?????)???????? Laws Empire,??Dworkin, Ronald,???Harvard Univ Pr,????1988?03?01?,?207-208???????????? ???????46?52?65??????
18 ??????(political equality) Sovereign Virtue The Theory and Practice of Equality,??Dworkin, Ronald,???Harvard Univ Pr,????2002?03?01?,?184-210? ??????????????????46?52?65??????
18 ??????(equality under law) Sovereign Virtue The Theory and Practice of Equality,??Dworkin, Ronald,???Harvard Univ Pr,????2002?03?01?,?123-168? ??????????????????46?52?65??????
36
????
?? ?? ???? ??/??
18 ??????(equality in the distribution of material resources) Sovereign Virtue The Theory and Practice of Equality,??Dworkin, Ronald,???Harvard Univ Pr,????2002?03?01?,?141? ??????????????????46?52?65??????
19 ????????????......(liberal community) Sovereign Virtue The Theory and Practice of Equality,??Dworkin, Ronald,???Harvard Univ Pr,????2002?03?01?,?237? ??????????????????46?52?65??????
21 One central...... such a justification Lectures on the History of Political Philosophy,??Rawls, John/ Freeman, Samuel (EDT),???Harvard Univ Pr,????2008?09?15?,?13? ???????46?52?65??????
22 This requirement of...... acknowledge it as well Lectures on the History of Political Philosophy,??Rawls, John/ Freeman, Samuel (EDT),???Harvard Univ Pr,????2008?09?15?,?13-14????????46?52?65??????
23 The Marxist is working ...... form of deliberate agency Liberalism, Community, and Culture,??Kymlicka, Will,???Oxford Univ Pr,????1991?03?14?,?129? ???????46?52?65??????
37
????
?? ?? ???? ??/??
24 Society is a fair system of cooperation ......free and equal moral persons The Liberalism-Communitarianism Debate Liberty and Community Values,??Delaney, C. F. (EDT),???Rowman Littlefield Pub Inc,????1994?07?01?,?145? ???????46?52?65??????
25 Fair terms are terms ......likewise accepts them. Contemporary Political Theory A Reader,??Farrelly, Colin (EDT),???Sage Pubns,????2004?01?31?,?14? ???????46?52?65??????
25 Fair terms of cooperation specify an idea of reciprocity, or mutuality Confucius, Rawls, and the Sense of Justice,??Cline, Erin M.,???Fordham Univ Pr,????2012?12?02?,?83? ???????46?52?65??????
25 The role of the principles ......free and equal persons). Contemporary Political Theory A Reader,??Farrelly, Colin (EDT),???Sage Pubns,????2004?01?31?,?15? ???????46?52?65??????
26 Are they specified by ......that are fair for all? (15) Justice As Fairness A Restatement,??Rawls, John/ Kelly, Erin (EDT)/ Kelly, Erin,???Harvard Univ Pr,????2001?05?16?,?14-15? ???????46?52?65??????
38
????
?? ?? ???? ??/??
26 Two moral powers the capacity for a ......conception of the good The Idea of Political Liberalism Essays on Rawls,??Davion, Victoria (EDT)/ Wolf, Clark (EDT),???Rowman Littlefield Pub Inc,????2000?01?01?,?104? ???????46?52?65??????
27 Such a conception is an ......ends and aims are ordered and understood Justice As Fairness A Restatement,??Rawls, John/ Kelly, Erin (EDT)/ Kelly, Erin,???Harvard Univ Pr,????2001?05?16?,?19? ???????46?52?65??????
28 Citizens are free in that ......conception of the good Political Liberalism Variations on a Theme,??Young, Shaun P. (EDT) ,???State Univ of New York Pr,????2004?08?12?,?38? ???????46?52?65??????
28 As free persons, citizens claim ......conception of the good Justice As Fairness A Restatement,??Rawls, John/ Kelly, Erin (EDT)/ Kelly, Erin,???Harvard Univ Pr,????2001?05?16?,?21? ???????46?52?65??????
29 they regard themselves as ......with the pubic conception of justice Justice As Fairness A Restatement,??Rawls, John/ Kelly, Erin (EDT)/ Kelly, Erin,???Harvard Univ Pr,????2001?05?16?,?23? ???????46?52?65??????
39
????
?? ?? ???? ??/??
30 Citizens are regarded as equal persons ......political conception of justice allows Justice As Fairness A Restatement,??Rawls, John/ Kelly, Erin (EDT)/ Kelly, Erin,???Harvard Univ Pr,????2001?05?16?,?20-21? ???????46?52?65??????
31 (1)???????......(2)(2a)???(2b) ??????,?????,???????,????2010?10?01?,?135-136? ???????46?52?65??????
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