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“Enterprise of the common people”: From preservation needs to property rights
——Re-explanation of Mencius’s “Household” and “persistence” relationship in the perspective of modern legal philosophical philosophy
Author: Yu Zhiping (Professor of the Department of Philosophy, Shanghai University of Science and Technology, Ph.D.)
Source: “Confucius Research”, Issue 3, 2021
Abstract:The king practices tyranny and observes the sufferings of people, meets people’s basic preservation needs, respects and protects their property rights. The “good intention” of ordinary people must be determined and protected by personal “constant property”. Mencius first established logic between personal career, property and the stability of the overall society. “Constitution of property” is the distribution policy and management setting of “development and benevolence” in the king. It is a basic human rights in the public, including property rights and wealth rights. Only after owning industry and wealth can the civilians exercise their own ethical responsibilities. The tax collection should be based on the strength to seek justice between the production of wealth and the collection of amounts, at a level that should not exceed the level that ordinary people can afford. No matter when, no matter what kind of situation, property rights will not be allowed to be saved. Otherwise, it means that the sale of the individual belonging to itself is not restricted, and what comes with it is controlled and arranged. The extension of property rights and the use of regulatory circumstances to ensure that individual property rights are not invaded is an internal request for “competent property” and is also a certain provision of the concept of individual legal rights.
Abstract: Mencius; to control the common property; perseverance; property rights
Life achievement is accompanied by a nature of possession, and “occupation” can be divided into abstract possession and actual possession. Abstract possession is legal rights, a kind of relationship that depends on people’s minds and minds. It can understand the ownership of property objects clearly and emotionally, that is, all rights are under great pressure during the founding period and often work overtime. Who 1. Real possession is the direct grasp of specific objects by people. When they are in hand, there are sensible and touching property items that are accompanied by their bodies. It is actually and is completely free of errors. This is obviously a low-level, direct physical possession. But in the most essential meaning, real possession should also be an abstract possession, because any property is self-existent and peaceful, and it is two independent and unrelated entities with the human body. No one can eat who is lost, and no one can digest the other party and truly occupy it as oneself. Possession contains a kind of relationship, which refers to the legal rights relationship between the subject and the object inside, and the original body has no relationship, let alone exist in the relationship, so we cannot discuss the problem of possession and non-occupation. Possession is logical and does not help us find the legal thread and can distinguish the subjects of property. Own property (das BSweetheart Gardenesiztum) is a natural need of humanity. A person has two types of legal rights and cannot be defeated: one is the “general legal rights” (das angeborne Recht) that is awarded as soon as he comes out of his mother’s stomach; the other is the “acquisition legal rights” (das erworbene Recht)3 that is later generated. The possession of an internal object of unrestricted will is ultimately due to the preservation of human beings. Later, they will be fulfilled as a kind of energy. When people live, they must have the most basic right to enjoy material resources. In Kant’s system of rights philosophy, “personals enjoy specific things arranged for their will (such as physical possessions, physical possessions, etc.).”4 Therefore, for people, possession also has psychological foundations and energy needs, or perhaps wealth rights are a basic right that is humane. In the modern Chinese thinking family, Mencius had long called for the rulers to allocate property to the country to meet their basic preservation needs. Mencius’ maintenance and strengthening of the civil rights of the people was obviously carried out in the context of moral governance and tyranny, but it can also be connected with the modern concept of legal rights, which is worth our in-depth exploration.
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In Mencius’s view, as long as the king meets humanitarian needs, respects and protects humanitarian rights, is the most reliable way. Mencius: The “Mencius: The “My destiny” says: “If Jie and Wu lose all the country, they will lose their common sense; if they lose their common sense, they will lose their hearts. If they get the whole country, they will get the whole country. If they get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the right to get the On the one hand, “If you want to get it, gather what you want and share it with it.” National management cannot resist humanity and meet people’s needs, which is the most basic road; on the other hand, “losing your approachable heart will lead to the whole country’s siege” 5. Policy against humanity and implementation is also very rough, which will inevitably lead to rebellion and destruction of the nation. When a king wins the whole country and governs the whole country, he must face and study it. In the official society of modern China, any civil rights experience and destruction can only open their eyes, rub the sun, and watch several people chatting on the stage rely on the power of the king’s power to be able to be able to do so. If the king has personal virtue, the civil rights will have hope. All fantasies of the rights of ordinary people can only be tied to one person. Although this is not understood tomorrow, it is a historical fact that can be regarded as nothing. It is not difficult for Confucian scholars to shout in the book that abstract maintenance and paper extension are not difficult, but they are not practical, they are cowardly and dry. But it is not impossible to say that the Confucian scholars’ appeal has no energy. If they shout too much, they will gather into a weak energy. On the contrary, if the masters were silent, they would never prompt the specialized rulers to let go, and to give the people the acquired rights they should have.
The king should observe the common people’s feelings and understand the social bottomSuffering, “Gather whatever you want and do not do anything you want” (Mencius: Leave the Mother”), to meet the needs of the people’s life in a timely manner, respect and protect their lives and rights, and to take the most urgent problem of the teacher at the moment as one. What you want to think, what you want to be evil will not be lost as a basic way to love, benevolent, and be kind. “Mencius: King Hui of Liang” says that as a king, “those who are happy and enjoy the joy of the common people are happy; those who are happy and enjoy the joy of the common people are happy and enjoy the joy of the common people are happy and feel the joy of the whole country. But it is not a king.” Zhaoqi’s notes said: “In ancient times, the king should share his joy with the whole country, and share his sorrow with the whole country. In this way, there is no king.” 6 The happiness of a king should be a broad happiness, and it must be based on the happiness that the people have reborn as a condition. As long as there is one person who is not happy, I can’t be happy. Ther
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