"社会契约"到"社会连带"——思想史中的卢梭和狄骥

颂扬个人权利和自由的社会连带主义法学的创始人--狄骥却鼓吹墨索里尼治下的"工团主义"。这只是一个简单的历史事实,但在这一事实的背后却隐藏着西方思想史的变迁,展示着西方现代性的危机。本文试图通过对他们思想关系的展开对这一变迁过程作出透视,在透视的过程中去理解西方现代性的危机。

From Social Contract to Social Joint

Leon Duguit, the father extolling the jurisprudence of doctrine social joint of private right and liberty, filialy preached the theory of syndicalism advocated by Benito Mussolini when he was in power. The said thing is a factual issue not so complicated. But behind the issue implies the historical vicissitude of the western ideological trend and represents the crisis of the modernity in the western world. The thesis, accordingly, is in an attempt to make a profound research on their ideological relationship in its process of vicissitude so as to decode the cause that leading to the crisis of the modernity in the western countries.