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題 名 | 由Nozick的學說釐清當代「基於權利的理論」(right-based theories)推論之獨斷性--兼論司法權與國家強制力之關聯及其運作真相=Clarifying the Inferential Arbitrariness in the Contemporary "Right-based" Theories through the Analysis of Nozick's Doctrine--Simultaneously Investigating the Relationship between the Efficient Adjudication and Violence Supported by a State |
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作 者 | 林立; | 書刊名 | 思與言 |
卷 期 | 40:3 2002.09[民91.09] |
頁 次 | 頁35-114 |
專 輯 | 法哲學與臺灣法律文化專輯 |
分類號 | 581.23 |
關鍵詞 | 基於權利的理論; 社會契約; 最小國家; 古典自由主義; 私司法權; 私人保護公司; 看不見的手的解釋; 個人權利; Right-based theory; Social contract; Minimal state; Libertarianism; Private right for adjudication; Private protective association; Invisible-hand explanation; Individul rights; |
語 文 | 中文(Chinese) |
英文摘要 | Since the end of 18th century the utilitarianism has prevailed for nearly 200 years. When the idea of human rights had become more and more popular in the past few decades, the utilitarian thought which asserts the priority of public interest was challenged severely because of its incapability for defending the individual rights. In the 70er of the last century the eminent names like Rawls, Nozick, and Dworkin propounded their "right-based" theories, thereby they declared war against the utilitarianism and, very fast, their doctrines attracted great attention everywhere in the world. Nevertheless, it remains perplexing that the theories of the above mentioned thinkers, despite of their common faith in individual rights, diverge greatly from each other in view of the institutions which they maintain. Therefore, we are forced to exam their methodologies carefully. In this paper I will take Nozick's theory, i.e. his inference as an example to illuminate the arbitrariness of the theories belonging to the "right-based" model. Then, I hope, we would be able to assume a more prudent as well as critical attitude towards any theory advocating individual rights. |
本系統中英文摘要資訊取自各篇刊載內容。