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Post Time:2012-11-21 8:13:00
Zhang Xiao (1979 -), male, Nanjing, Ph.
D., Lecturer, School of Philosophy, Renmin University of China People's University of China School of Philosophy
We can understand the characteristics of the obligations from the two aspects, one is as the obligations of the rules, and the other as the obligations of the action.
Those provisions as obligations of the rules people must do or must not do what the moral requirements or legal requirements. In this sense, a form of obligation norms, it is not only constrained behavior, but also to guide behavior. Recognize obligations scope should first understand: the requirements of those provisions actions come from? They are and how to form ? It is the first part of the article to discuss the problem in my opinion, from the point of view of social necessity or social importance of these concepts, obligations, rights and justice, but is used to coordinate the interests of certain social community relations provisions of thinking. relationship between the three: the obligation to promote the public interest, and to promote the social rules of the Community Development, and the rights of individuals eligible to claim the share of the public interest in accordance with the formal same scale, which is maintenance personal interests and the protection of the individual development of social rules when the obligations and rights of the uneven development, you need to principles of justice re-adjust the pattern of interests, to rebuild the balance of obligations - the right relationship. So, as a rule, the obligation is in fact a community of interests on the objective requirements of the individual. these requirements ultimately subject to the economic structure of society, and the formation and development of practice based on the history of social rationality.
As action obligations mainly related to the question: why the obligation of action possible? I in the second part of the article, it is divided into two sub-problems: (1) why the actors must be external action rules into an inherent requirement? (2 ) how to achieve this transformation process? Obviously, in the sub-problem (1), if the obligation is to be done, then the obligation is the actors must obey a request or order. This means that in the obligations of the action regulations must with a certain inevitability, the actors must to some extent subject to such inevitability, it is precisely this both internally restrict the main, external demand subject inevitability, is the actors objective basis and foundation of the rules will within Outsider this inevitability is the objective requirements in the social relations in the sub-problem (2), I will be introduced based on the cognitive theory of Kohlberg's moral development of individual moral consciousness germinal at different stages of the individual sense of discipline in the process of contact, receive and manage external rules (an inherent requirement of the gradual formation and development of the mental process.
Obligations: as a rule, interest obligations, rights and justice
Interpersonal social ties based on obligations or rights of action is always the basis and conditions when we say that someone has to do something obligations, usually in asking him to do the things you have to do to others or the Community. ① Similarly, when a person in the exercise of a right, generally in from others or the Community must respect their rights, and against any intrusion or intervention. seen, obligations or rights, is itself a kind of social relations, that is, obligations, or rights. obligations of the obligations of the party in fulfilling their obligations Whatever the motive, the result is always to pay is to fulfill the obligations to transferring their own things to which he benefited, and in the rights relations, the rights of a party in exercising that right, the results always have to be obtained is the exercise of the rights of the people can make their own things to benefit from the otherness. ② Therefore, the obligation relations and power relations behind reflect the fact interest, the difference is that the principal obligation is a kind of benefit the items, and the right to an interest in items.
Is not difficult to see that the obligations - rights relationship is reflected not only the interests of liquidity, more important, it reflects the interests of the flow of power relations, benefits flow to the individual, so the individual rights and personal interests is consistent with Generally speaking, the flow to the interests of the individual, not from the interests of others, that is, from the public interest. However, as long as the analysis, we will find that the interests of the ultimate source of social and public interests only. Milne in < <human rights and diversity - Philosophy of Human Rights >> said, "the essence of the concept of rights is eligible. said you something to enjoy the rights that you have entitled it". ③ due to "a person can not ④ Therefore, most of the rights must be social rights ". ⑤ visible reason why rights are (not most, but all comments the ⑧ social rights is entitled to a right" by virtue of their personal identity, because only when individuals have the identity of the members of society, the society may confer individual rights the qualifications of those taken from the interests of others, seemingly from individuals, just personal interest in the form of performance out of a part of the social and public interests. Therefore, the right to only individuals eligible to claim share in the social and public interests in accordance with the formal same scale. then, for the right to allocate the social and public interests come from? obligations of work?
It is easy to infer that the obligations of the transferring interests not flow to the others, is the flow of the Community of the former case, the transfer of interests generally flow in a private relationship between body, usually does not flow into the social community, but Even so, the social community is also a beneficiary. because if it is these private relationship can maintain certain interests to supply social community may be necessary in the public interest to come up with a certain share of supplies. while in the latter case, sell the interests of either flow directly to the social community, or indirectly, through a small the Community flow of social community, which constitute the social and public interests. ⑥
Visible, obligations ⑦ and rights of these two concepts, just thinking the provisions of certain social community to coordinate interest obligations relationship is ultimately used to promote the public interest, to promote the social rules of Community Development, and the rights of individuals in accordance with formally the same scale is eligible to claim share in the social and public interests, which is a personal interest to protect the individual development of social rules. obligations - rights relations in fact used to coordinate public and private interests is a social community. the relationship between the ways and means, which essentially reflects the interests of the relations between the Community and the individual, which is the objective existence of social obligation relations and power relations necessity or social importance. Moreover, to fulfill their obligations must first rights enjoy, because the flow to the interests of the individual rights relations is only part of the social and public interests, the public interest is facilitated by the obligations of and maintain. ⑧ When obligations - the right to development of relations between imbalance that is appear within the social obligations of the heavy burden the right to enjoy less or to claim more than an obligation to fulfill the lack of time, the pattern of interests of the Community there will be a certain degree of structural disorder. At this time, we need to use certain principles of justice This is Rawls's principles of justice. "the primary value of the social system to adjust the level of the social system on the distribution of social burdens and social benefits, in order to establish the pattern of distribution of benefits of a more well-ordered society." , ⑨ as a matter of principle, it "provides a basic social system approach to the allocation of rights and obligations, and to determine the appropriate allocation of benefits and burdens of social cooperation". ⑩
Therefore, only proceed from the point of view of the importance of social necessity or social obligations of understanding the objective requirements of the individual into the social community, only to discuss the linkages between the obligations, rights and justice based on the interests of the relationship, it possible to grasp the scope of the obligations the nature of society. More important is the obligation relations are always changing and developing, simply does not exist at all times the same as those of the obligations of the so-called universal requirements so as the rules of the obligation to understand the objective requirements of the individual into the social community, must also illustrate how these rules are historically formed, as well as in the formation process, whether there is a pattern. historical nature of which involves the voluntary areas, that is, the history of social nature.
Addressed the question of the origin of the obligations that the common social life must generate obligations of the history the premise and social conditions. (11) The reason: human born social animals. Has only formed a society to live together, in order to survival and development needs. So, the person is bound between maintaining interpersonal combination of interrelated obligations will inevitably have the obligation to protect public interests. abstract look, this may be true, but If you lack the junction of the common human life
Aggregate way, social structure and its corresponding law of motion to explain, then, it can only be a chaotic appearance overall. Fact, the human form a society, living together primary history premise is engaged in the material and social conditions in production activity. material production activities in the relations of production, distribution and exchange relations from the beginning is the most basic binding mode of human society and lifestyle. relationship at first directly, then indirectly form of human society. all kinds of obligations of the kinds of activities in the rules, but as a rule it is this historical activities objective product as Engels said: "in a very early stage of social development, produced such a need: daily repeated production, distribution and exchange of product behavior summed up a common rule, try to make the general conditions of the individual is subordinate to the production and exchange of this rule first expressed as habits, and later became law. "(12)
Initially, summed up common rules for activities directly related to the production, distribution and exchange products. These common rules initially in the form of customs finalized, the dominant force in human thinking by the generalization of the experience gradually transformed into rational reasoning abilities.: people began to learn from the rules in the form of point of view, rather than to look at from the point of view of the rules adapt to the specific object of human activities, this transformation process is also accompanied by such a thinking activity: rational thinking first abstract from the initial common rules out some of the specific provisions of the formation of concepts and categories - such as mutual collaboration and mutual trust (roughly corresponding to the relations of production, mutual benefit and win-win (roughly corresponding to the exchange relationship, justice and equality ( approximate and distribution relationship corresponding - then again given to these concepts or aspects of abstract universal form. continuously enriched with the types of social activities first used to define the concepts and categories of human economic life has been derived from some other sub-concepts and sub- areas they later one is used for other types of social relations, in order to expand the meaning and form to require universal human behavior over time, this will give people create a false impression, seems to be a general abstract form prescriptive determine activity patterns and social relations, rather than vice versa., who later appeared in the legal and moral concepts and categories has its historical prototype, by common rules in the initial economic life gradually developed to. In this sense, the inevitability of social law specifies behavior through their own rational manner (social rules), and individual rationality is only consciousness manifested in the form of social rationality in people's minds., as a rule obligations actually originated and ultimately subject to the economic structure of society, and the formation and development of practice based on the history of social rationality.
Within Outsider in the rules of the inevitability of its process action obligations:
Concern as action obligations obligations Action Possibility this problem consists of two sub-problems: (1) why actors should the external rule into the inherent requirement? (2) actors how external rules into as an inherent requirement? problem (1) discussed the inevitability based on rules within transformation process and objective basis. problem (2) is the process itself and its implementation. past, we describe the obligations of action Possibility the time, usually only focus on the answer to question (2), and generally does not involve issues (1). potential reasons for this approach: the rules of law he turned to the self-discipline of the fact that the actors will within Outsider rules internal basis, but the problem is that: "This process will occur" facts and can not act as the reason why this process is bound to happen "In other words, if you do not understand the external rules will inevitably into the inherent requirements of objective reasons, we will not be able to explain fundamentally: the mandatory obligation requires exactly come from? thus unable Description: the inward transformation process of the rule, is a reasonable way to achieve what? Therefore, the answer to question (2 ) before the inevitable need to solve the problem (1).
(1): why actors must external action rules into an inherent requirement? From obligations in the form of prescriptive behavior was called obligation is that the obligation is a mandatory requirement.
This means that the obligation must obey the request or order., However, why the actors to accept this to force it? speaking from experience, whatever it is calling the shots, whether this command authoritative extent subjective likes and dislikes, actors refused to obey, he simply said: "I just do not want to (or do not want to do not like it! ", it seems that you can refuse to perform any obligation. So, the question is: If you can not find the behavior of the main objective basis for self-enforced, there can be no real action out of obligation. objective basis, what is it? In Kant's view, this objective based on respect for the moral law is a natural emotion.
Purely intellectual concept will stimulate the innate sense of respect, he believes that this emotion is an integral with the hearts of every finite rational being moral law representation combined with (13) it is not a built in internal sensory pleasant emotions, but simply a practice-oriented emotion, and it is only in accordance with the law in the form of, rather than because of rule any object associated with the law of representation, thus it can neither be counted as happiness, can not be counted as painful, but some kind of interest in compliance with this law, we will call it a moral interest, as and even harbor such an interest in the ability of law (or respect the moral law itself truly say moral sentiments. "(14) that the meaning of Kant said: has not completely rational person (limited rationality exist will respect fully rational (pure practical reason to develop the law (equivalent to the worship of the nature of truth. precisely this innate moral emotions (role of respect for the moral law, limited rational beings be possible to force their own exclude everything from hobbies action according to obey the moral law. concentrate (15) with our words is: innate sense of respect actors self-enforced objective basis.
Regardless of whether Kant's sense of the respect from the innate, this moral emotion is undoubtedly exist but the problem is: I respect the rule itself does not mean that I will act in accordance with the requirements of the rules, in other words, the moral law itself does not necessarily lead to the occurrence of the internalization process., Kant's sense of respect, it will not be the objective basis and foundation of the process of transformation of rules within reason that he did not find a form of on both inherently restricts the main body and, externally requires the inevitability of the subject. In contrast, the the Holbach obligations outlook down to make up for this shortfall to some extent.
He believes that the only power that people pursue happiness and avoid suffering flesh susceptibility dominated essentially is love yourself, willing to save themselves, and try to make their own survival and happiness;, interests or desire for happiness is the people of all the actions (16) Thus, the obligation of mandatory is such an inevitability: "that the use of suitable methods, so that people living with us to be happy, in order to decide that these people can make our own happiness a necessity our own mandatory, it is such a necessity, that must be taken in certain ways, do not take these methods we both can not save himself, let alone to make their own survival such an inevitability to consolidate happiness. moral , as the universe is built on top of the inevitability or above things eternal relationship. (17) can be seen in Holbach obligations only managed to survive their own happiness means of and tools, and the pursuit of happiness was an objective basis for self-enforced this objective is subject to pursue happiness and avoid suffering the physical susceptibility disposable is an inherently restricts the body (disposable human happiness, external demand forward to the main body (in order to pursue their own happiness natural inevitability but Holbach recognize self-enforced objective basis must be established on the basis of necessity, however, because he confused with the essential difference between the laws of nature and the laws of society, wrongly apply the natural necessity to explain the inevitability of the law of development of human society, he can not correctly understand the social nature of external rules and objective basis to connect external rules and internal requirements. Holbach be found in the form of an inherently restricts the main, external demands main inevitability, but misunderstood the nature of this necessity, and ultimately find only wrong according to the objective. Links to free papers Download Center http://eng.hi138.com
If we understood as a community of interests outside the rules of the objective requirements of the individual, while this objective requirements and the kind both internally restricting the subject, and external requirements of the inevitability of the main link to be taken into consideration, it is not difficult to find actors self-enforced objective basis can only be established on the basis of the social relations. From reality, human nature is the sum of all social relations.
(18) from the mandatory obligations, on the one hand, people affected by the domination of social relations, act required by the rules of society is bound to a certain extent on the other hand, the formation and development of social relations is not subjective will of man, but the inevitability of domination by the laws of society, transfer the subjective will of the people only through changes in social relations in order to influence society, and the laws of society always influence and change people through social relations. thus, social relations is an objective basis, it is connected to the individual needs and requirements restricting people's needs through the inevitability of the laws of society both internally, externally requirements must act in certain social rules and social relations is the actors within Having no objective basis in the rules and the foundation.
(2) the actors how external rules into an inherent requirement?
Within Outsider in the rules of the process is the process of formation and development of individual moral consciousness gradually actors toward self-discipline of the law by his process. Kohlberg's moral theory of cognitive development, this process is individual along socialization cognitive development orientation of the deepening moral reasoning process. Specifically, it has three levels, six stages. following table: Stage 1.
Individual self-centered, and does not consider the interests of others, and also can not tell the difference between self-interest and the interests of others right or wrong concept depending on the intensity of punishment or reward, in action complete obedience to authority. Phase 2.
Individuals realize that everyone has its own pursuit of various interests, and mutual conflict. Individuals only to comply with the rules to bring immediate benefits. Action in order to meet their own needs, and allow others to emulate. Before the conventional level of moral the minimum cognitive development stage.
At this stage, the individual in which social relations are generally confined within the family. Individuals to meet their own needs and interests, by external rewards and punishments and the authority of the powerful constraints their behavior, but gradually began to realize that the presence of the interests of others. Phase 3.
Shared emotions between individuals aware of the people around, agreements and expectations higher than personal interests to comply with the expectations of the role of the people around, intends to maintain a good relationship between the universalization of the system point of view, but still can not be considered. Stage 4.
Individual beginning to embrace the institutional point of view, and specify the roles and rules, based on the system to consider the relationship between personal action to fulfill the obligations of a personal commitment to strictly abide by the law.
The conventional level is the "ordinary people" stage when individual social relations which continue to expand the scope of the development of moral awareness, he is constantly aware of the wider social impact from outside the family. Individuals gradually learn from the social system position to consider a variety of roles and rules to deal with different relationships and constrain their behavior. Stage 5.
Rational individual consciousness began to go beyond the attachment to the concept of community come to realize that the conflict between the legal point of view, the moral point of view, and integrate their difficulties in action, it is only fair rules should comply.
Stage 6 as a rational individual, I believe that the validity of universal moral principles, and determined to devote ourselves to the action to comply with the ethical rules of their choice. The level of postconventional or principled level is the highest stage of development of moral awareness.
At this stage, the individual's rational consciousness to rise to a higher level, external rules reflect the gradual formation of something beyond the concept of social attachment. Ultimately, individual gradually established the universal ethical rules of their own choice and act. (19)
Is not difficult to see that Kohlberg's theory of moral stage analysis framework has two characteristics: (1) with the concept of the "custom" (20) is divided into three different moral interactive relationship between the self and the social rules and social expectations cognitive level. (2) the individual used to define the social facts and social moral values, social and moral point of view (sociomoral perspective) as its assume the role of moral judgment generally structured constructs. (21) in the characteristics (1) differentiate the level of moral awareness, with the concept of "customs", in fact, is in the degree of fit between individuals in social relations and external rules judge awareness of individual moral development of the different level of socialization. FEATURES (2 ), social and moral point of view is actually external rules (customs manifestations - in the sense of individual moral reason to support the inherent requirements of the six stages in the development process of the social point of view, that is, the individual in contact with, accept and The process of formation and development of self-consciousness (inherent requirements of the process control the external rules. inevitability of cultural theory within Outsider rules according to the problem logically consistent. (22)
Conclusion: the inevitability of the law and the freedom of self-discipline
Clearly, the stage in Kohlberg theory is actually free state of the Kant universal legislation, which seems to indicate that the process of continuous improvement of the process of self-discipline from his law to both the individual's moral reasoning ability, but also the individual gradually contact, accept and grasp the inevitability of the law, it is the individual freedom of self-discipline through the harness inevitability law in this sense, the obligation of mandatory only the inevitability of a form of expression, formal personal freedom. must be in line with the inevitability of the law of self-imposed this obligation requires a mandatory requirement under in the self-will of the provisions in the formation of consciousness, like Kant said, is a "will to freely, but with a kind of inevitable, but only by their own rational applied hobby mandatory combined with awareness and obey the law. "(23) when the development of this consciousness to the degree of freedom of self-discipline, as if we can do it one day no need for the law to have the kind of afraid of the fear of the contraband, the least worries combined with the respect, like that we will be able to go beyond God above all dependent spontaneously like a become our nature coherence between never shake the will and law of pure virtue, and at some point can be made with the will of some sacred like. "(24) from the spiritual essence, Confucius say" Congxinsuoyu without transgressing the same state can imagine, feel the state must be "pain and happiness", "pain" is the obligation to do so because people will inevitably do this reluctance to do , and "Happy" is derived from the pain too cozy comfortable freedom. Seen, obligations not only binding on individuals, mandatory, and also to guide people to motivate people.
Sharpen their own only in obligations bound and forced in, will it be possible to grasp their own self-realization, to achieve freedom. Therefore, the obligation must be the only way for the individual to freedom. As a result, we can say that the obligation as a chemical reagent life if not in its synthesis of crystals, will in its dissociation ablation.
① course of their obligations, but only through social way to meet needs or demands on themselves, so the people of their obligations is just people with the social provisions of the self as a personal form of. Therefore obligations of this form in the final analysis or his self. ② There are two special cases should be noted: a request the right to fulfill their obligations, a request rights obligations.
Rights and obligations is the same here, enjoy simultaneously undertake to fulfill the people to exercise people.
③ (British) Milne book: << human rights and human diversity - Philosophy of Human Rights ", Xia Yong, Zhang Zhiming translation, China Encyclopedia Publishing House, 1995, 111.
(4) [British) Milne book: << human rights and human diversity - human rights philosophy >>, Xia Yong, Zhang Zhiming translation, China Encyclopedia Publishing House, 1995, 127. ⑤ Ibid, 128.
Milne also said: "Not all rights are social rights", because "there must be people just as humans enjoy certain rights." He also stressed: "Human rights must be universal moral rights with the former, on page 153, but in fact, the right to it is impossible to go beyond "the economic structure of society, and constrained by the economic structure of social and cultural development" (Marx This means that all rights must all social rights, there is no override abstraction on top of the social human rights and even the right to life of the people, never as a universal moral right to exist., the will of the ruling class has always been in a class society, directly or indirectly, to decide forward to the way of life of the members of the society and even the way of life even in highly civilized capitalist society, social life, his flesh and his will will wither away in a forgotten corner of chronic adverse capital or for capital useless. So, you want real protection and development, it is necessary to fundamentally change or improve unreasonable social system, rather than resorting to moral rights. ⑥, however, is not a transfer of interests will constitute the social and public interests.
Private relationship between the body and a small community of interests and public interests clashed, then the transfer interests may be items of internal friction of the social and public interests, but total , the obligations of the final part of the flow of social and public interests is absolutely subject. because, even in a conflict of interest in the internal friction, the premise must be social and public interests than the interests of the child Community. ⑦ the text mentioned the concept of obligation is a generalized obligations scope, not specific to a moral obligation.
In most cases, this obligation to be understood as the rules of society, including economic, political, legal and moral meaning.
⑧ Boehm said: "The rights and obligations does not mean that each accounted for 50% of the rights and obligations In my experience, it is often the obligations accounted for 75% of the rights and only 25%." (United States) Tony JIM: "balance of the reconstruction rights and obligations >> paint Ling translation contained" moral and civilized >> 1, 1993 can be said the 3:1 experience to determine whether accurate remains to be verified, but the judgment itself is undoubtedly is correct.
⑨ (United States) Rolls-book: << A Theory of Justice >> He Huaihong Baogang, the Liao Shen white translation, China Social Sciences Press, 1988, page 1. ⑩ Ibid, pp.
(11) For example, Cicero long ago emphasized << On obligation >>: selecting obligation, in a prominent position is a kind of mutual contact between people based obligations. " This obligation stems from the common social life, "the implication in the maintenance of human society, to give everyone deserves faithful to the treaty affairs," Cicero (Roman): << On obligation >> Wilson Wong The translation of the China University of Political Science and Law Press, 1999, 153, page 17. (12) << Marx and Engels, Selected Works >> Volume 2, People's Publishing House, 1995, page 539.
The Kant book: (13) [Germany) << practice rational criticism, Xiao-Mang Deng translation of the Tao is impressed by the school, the People's Publishing House, 2003, 109. (14) Ibid, 110.
(15) "the will freely, but with some kind of inevitable, but only by their own rational plus loving on the force in conjunction with awareness and obey the law, respect is the rule." So obligation is objectively in accordance with this law and exclude everything from hobbies requirements according to the action. "Ibid, 110. (16) (Act) Holbach: the << natural system >> on volume, tube Shi Bin translation, The Commercial Press, 1964, page 273.
Holbach's view, "But happiness is a continuous the joy. "(op. cit., page 268, and" the interests of each of us as a something essential happiness "(op. cit, 271. (17) Ibid, 121. (18) << Marx and Engels, Selected Works >> 1 People's Publishing House, 1995, page 18. (19) (U.
S.) the Kohlberg book: << moral developmental psychology - the essence of the moral stage confirmatory >> Guo Yu Ho honor, Huang Xiaodan, Xie Donghua such as translation, East China Normal University Press, 2004, p. 165-167 pages.
(20) "'custom' term refers to observe and adhere to the social or authoritative rules, customs and expectations, the reason to comply with and adhere to it just because they are social rules, expectations and customs." Ibid, 163.
(21) (United States] Kohlberg book: << moral developmental psychology - the essence of the moral stage confirmatory >> Guo Yu Ho honor, Huang Xiaodan, Xie Donghua such as translation, East China Normal University Press, 2004, p. 164.
(22) It should be described, Kohlberg never exactly confirmed the presence of phase 6 In my opinion, the reason may be: between individual consciousness and social rules of the first five stages reflect general interaction between most of the cultural co-ubiquitous phenomenon. understanding of the meaning of the effectiveness of the universal principles beyond social attachment perspective, the individual may be complex and diverse, so, if only from Kant stand construction phase social point of view, may not be able to get an exact moral consciousness beyond the state.
(23) (Germany) Kant book: "Practical Reason critical >> Xiao-Mang Deng translation is impressed pottery school, People's Publishing House, 2003, 110. Posted in the free papers Download Center http://www.hi138. com