{"title":"马克思主义的人权","authors":"Eric Engle","doi":"10.2139/SSRN.1268556","DOIUrl":null,"url":null,"abstract":"Marxism sees liberal individualist freedoms as a step up from feudalism but not as the end of historical development. Marxism defends not just negative \"freedoms from\" (procedural justice) but also affirmative \"rights to\" (claims). However, rights are contextualized in Marxism by the logic of socialist development rather than capitalism. Thus, rights are collective, social, relative and substantive rather than individual, absolute and procedural. The Marxist critique of fundamental rights and freedoms is a dialectic between first and second generation rights. This article presents a detailed explanation of the Marxist conception of human rights and critique of capitalist individual freedoms. Rights and freedoms are best seen not as conflicting but as complementing each other. Human Rights According to Marxism 1A. The Marxist Critique of Human Rights 3B. The Marxist Concept of Human Rights in Theory 7C. The Marxist Concept of Human Rights in practice 8D. Conclusion: The Liberal Critique of Marxist regimes 9","PeriodicalId":431450,"journal":{"name":"Jurisprudence & Legal Philosophy","volume":"38 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2008-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":"{\"title\":\"Human Rights According to Marxism\",\"authors\":\"Eric Engle\",\"doi\":\"10.2139/SSRN.1268556\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Marxism sees liberal individualist freedoms as a step up from feudalism but not as the end of historical development. Marxism defends not just negative \\\"freedoms from\\\" (procedural justice) but also affirmative \\\"rights to\\\" (claims). However, rights are contextualized in Marxism by the logic of socialist development rather than capitalism. Thus, rights are collective, social, relative and substantive rather than individual, absolute and procedural. The Marxist critique of fundamental rights and freedoms is a dialectic between first and second generation rights. This article presents a detailed explanation of the Marxist conception of human rights and critique of capitalist individual freedoms. Rights and freedoms are best seen not as conflicting but as complementing each other. Human Rights According to Marxism 1A. The Marxist Critique of Human Rights 3B. The Marxist Concept of Human Rights in Theory 7C. The Marxist Concept of Human Rights in practice 8D. Conclusion: The Liberal Critique of Marxist regimes 9\",\"PeriodicalId\":431450,\"journal\":{\"name\":\"Jurisprudence & Legal Philosophy\",\"volume\":\"38 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2008-09-16\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"3\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Jurisprudence & Legal Philosophy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.1268556\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Jurisprudence & Legal Philosophy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.1268556","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Marxism sees liberal individualist freedoms as a step up from feudalism but not as the end of historical development. Marxism defends not just negative "freedoms from" (procedural justice) but also affirmative "rights to" (claims). However, rights are contextualized in Marxism by the logic of socialist development rather than capitalism. Thus, rights are collective, social, relative and substantive rather than individual, absolute and procedural. The Marxist critique of fundamental rights and freedoms is a dialectic between first and second generation rights. This article presents a detailed explanation of the Marxist conception of human rights and critique of capitalist individual freedoms. Rights and freedoms are best seen not as conflicting but as complementing each other. Human Rights According to Marxism 1A. The Marxist Critique of Human Rights 3B. The Marxist Concept of Human Rights in Theory 7C. The Marxist Concept of Human Rights in practice 8D. Conclusion: The Liberal Critique of Marxist regimes 9