Lu Yaohuai: Agree with the historical value of the theory and contemporary destiny
April 16, 2019 08:35 Source: "China Social Sciences", April 16, 2019, No. 1674, author: Lu Yaohuai

Consent (consent) is a more frequent word in daily life,It is also a very important theoretical concept (especially in the field of political science or in political philosophy)。David Johnston believes: "There are two main ways to agree with the concept of concept。In the first way,Agreement concept is used between individuals -or more accurately,The relationship between individuals。In this context,People generally believe that the consent behavior confirms the authorization、Givening obligations and transferring risks and responsibilities from this party to another。"In addition,"In the discussion of the relationship between the government and its rule,,Also applied to the concept concept。If the people want to ask whether their government is legal (a very old question),(Partial) One of the most famous opinions in the response,It is believed that the government obtains legitimacy because of the consent of all the ruler "。This is the legality of the so -called political authority or political power。other,The political obligation of the ruler,It is also determined by their relevant consent。The usage of the concept concept,Make it an important concept of academic or theoretical significance,and finally develop a ideological form called the theory of consent theory。

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Looking at the entire history of Western thought,Consent for consent with political or political philosophy,can be traced back to the ancient Greek period。Plato in its early book "The Crito",Describes Socrates' thinking on political obligations。Socrates reflects on its life in Athens,I have drawn this conclusion: live here voluntarily,He reached an original agreement to obey it with this city -state; and,Volunteer behaviors that have been living here bet365 best casino games for more than 70 years here,He makes this agreement update every day。This conclusion of Socrates,In fact, the political legitimacy of consent is proposed,Is the prototype of mature consent concept。

The ideological world of the European century is mainly dominated by Christianity,Augustine is the first famous interpreter of Christian thought。From the perspective of Augustine,Political rule is "Control of bad guys in a certain level of peace",It produces the need to suppress our sin。Given the state for control,Not the will of individual citizens,Not the will of citizen collective,but sacred wisdom。After Augustine,until the 8th century Thomas Aquina still thinks,Government with legitimacy has its sacred source,instead of the consent of the ruler。But,between about 1100 and 1350,Some medieval philosophers、The concept of the theologian and the lawyer on the government and its legitimacy has an important change。For example,About 1300 years,Duns Scotus pointed out,Political authority should come from "Public Concerts and Community Elections"。Scotus in its conceived theory,Imagine a city composed of a group of strangers。In this city,Because there is no natural patriarchal authority as an obedient object,So,He believes that they may give themselves to a rulers or everyone through consent.。This can be seen,After a few centuries of decline,The conceptual concept of political legitimacy has signs of revival at that time。

  Enlightenment thinkers to agree to the theory to negate the rule of the gods

With the rise and maturity of the bourgeoisie,Its political appeal is getting stronger and stronger。In order to obtain a political status to protect and maintain its economic interests,The assessed bourgeoisie obviously urgently needs a theory to fight、Negative theory of monarchy gods served the feudal rule in the Middle Ages,In this social background,The theory of consent based on consent of concept was born。

Thomas Hobbes incorporates concepts into its radical bet365 best casino games monarchy,He believes that the supreme power of the supreme power comes from the agreement based on the consent of each individual。but but,He recommends treating the monarchy as the best result of such a protocol。Although Hobbes re -demonstrated the concept of consent to deny the rule of the divine rights,But the theoretical inner limitations (defended by the monarch),But made its single conceptual conceptual conceptual conceptual development into a stronger persuasive、The theory that is sufficient to have a greater impact。Later Locke continued to advance with this concept,Finally, for the first time in history, a relatively complete consent theory。Locke's "Government Theory" is considered to be "Literature that explains the most classic theory and consent theory"。Locke said: "Human beings are born with freedom、Equality and independent,If you don’t have your consent,Can't place anyone outside of this state,Make it subject to the political power of another person。"Locke insisted on and explained the principle of consent in the political field,So forming a classic consent theory。From the perspective of this classic consent theory,Any political authority must obtain legitimacy,Any political obligations must have legitimacy,The only way is to get the consent of the ruler。But,In the real life, there are so few people who give clear consent,Therefore, in order to fully demonstrate the universality of the principle of consent,Locke is affirmed (Express Consent, That is the consent given),Further propose the so -called consent (tacit consent,One translation hidden consent) concept。Locke thinks,As long as one person has or enjoy any part of any government territory,He gave his own consent because of this,So as he enjoyed the same person as the government,He has all obliged to obey that government's law。Locke proposed concept concept,It seems that most citizens have not explicitly expressed their consent to the state that bet365 best casino games this possibility of this possibility that the theorist feels embarrassing,Therefore, a witty defense is given to the principle of consent in political life。

It should be said,Locke's consent theory has played a very revolutionary role in history。Before the theory of consent is established,The standard interpretation of the legality of political obligations and political authority is the theory of the monarch gods。The theory of the monarchy God believes,People are obliged to obey the rulers,Because the power of the rulers comes from God。Agreement theory gives people a status as a source of all rights and obligations,I don’t think that people are carrying all kinds of shackles。On the contrary,It thinks life and freedom is equal,So,All restraint must find a legitimate reason for yourself,The only reason is that personal voluntary behavior。Obviously,This explanation meets the interests and objective needs of the emerging bourgeoisie,conforms to the overthrow of overthrowing the old ruling regime、The historical trend of establishing a new political order。

 Agreement of the theory is questioned and opposed

But,This classic consent theory laid from Locke's foundation,Since its establishment,It has been questioned and opposed by many aspects。explicitly explicitly agree that the existing problems are not waiting for,I have a preliminary understanding of it where Locke himself,Some Western scholars have further emphasized this problem。For example,Edward A. Harris believes: "The problem of explicit consent lies in,The interpretation of political obligations is strictly limited to the scope of only a very few people involved in the actual consent.。"",In George Klosko's view,"Only a few individuals have agreed to its government。In most cases,Individuals are born in a specific society,Government of this society,They have legal obligations。Only under special circumstances,A talent will voluntarily undertake a act of acting for the Political Obligation。There is a fundamental Bet365 lotto review difficulty here: the assumptions of the consent of the theoretical voluntary assumptions on political relations are obviously contradictory with these facts "。George Klosko thinks,It is to avoid these problems that explicitly consent,Agree with the theorist to resort to the so -called "implied consent"。This,Over the past many years,"Agree theory" has always been "imposing theory"。But the implied consent will be agreed shortly after Locke's proposal,It is criticized by Hume。The point of view of Locke regards the residence as an implied consent,Hume pointed out: "For a poverty、Don’t understand foreign languages ​​and foreign customs、Farmers or craftsmen who rely on the meager salary of their own meals,Can we seriously say that he has the freedom to choose from his country? If you can say this,So,For a sleeping person to move on the boat、If you want to leave the boat, there is only someone who jumps with the sea,We can also declare that he keeps staying on the ship and indicates that he voluntarily agrees to accept the rule of the owner。”

 Agree with the theoretical decline obvious

Although the consent theory in the sense of political or political philosophy is strongly questioned by Hume and others,But theorists continue to use the concept of consent in the traditional Locke -style understanding and Locke's obviously not considered.。until 1981,John Simmons Published "Moral Principles and Political Obligations", which has a widely influence of works,Only a subversive critical criticism of the theory of consent in the political field was formed。John Simmons uses how to "realize the government consent government" to ask the theorist to question the theorist,This is the conclusion of his discussion on consent theory。can be considered,In the study of Western politics or political philosophy after which this later,The status of consent theory has gradually decreased or even completely denied some important scholars。,Edward A. Harris has a summary in the papers published in 1992: "In recent years,Liberal political philosophy continues to bet365 best casino games use social contracts as theoretical tools,But the concept of assumptions agreed with the concept of explicit and implied consent ";。A claim to use social contracts as theoretical tools,In order to explain the principle of social justice, the principle of consent is replaced by assuming the concept of agreement。Traditional social contract theorists use the principle of consent to explain the state's legitimate authority and obey their legal obligations。In the process of transferring from clearly and implied consent to the assumption agreement,Contemporary Social Contract theorist no longer hopes to give full explanations to political obligations "。"The second proposition of liberal political theory is to draw such a conclusion from the failure of social consent: The concept of political obligations cannot be proof,and giving up this concept will not cause any loss。This claim attracted people to a camp of philosophical anarchism。Although these two claims are different,But they all think,Social contract theory based on implied consent is difficult to provide a full explanation of political obligations "。

The so -called contemporary Western political theory here has two claims launched on political obligations,The common point is to abandon or negate the theoretical consent theory: the first claim resort to the fake agreement,The premise is that the consent theory is invalid; the second claim to abandon the concept of political obligations,In the final analysis, it is due to the failure of the consent theory of the interpretation of political obligations,Abandoned because of its failure。From this perspective,A consent theory as the foundation of Western politics or political philosophy,At least in the lower half of the 20th century, it has shown a slump,The past scenery is no longer,The trend of decline is obvious。As some scholars clearly pointed out: "Since the late 20th century,A trend of refusing to agree theory in the study of mainstream political philosophy,Whether at the domestic or international bet365 Play online games political level,Scholars no longer recognize the status of consent as a source of political obligations and the prerequisite for common action。”

 (This article is the National Social Science Fund project "Agreement from the migration from political science to ethics and its legitimacy research" (17bzx019) phased results)

(The author is a special professor of "Qiantang Scholars" of Hangzhou Normal University)

Editor in charge: Zhang Yueying
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