比较分析:罗马时期的“公民权利”与当代的“人权”

N. Deretić
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引用次数: 1

摘要

本文的重点是探索“公民权利”的根源可以追溯到罗马文明之前的时代和“人权”一词,这是一个相对较新的概念,曾经被理解为“人的权利”。毫无疑问,建立在奴隶制基础上的罗马社会的特征使得“人”的概念受到限制和排他性,因为它建立在依赖和使用另一个人(奴隶)的主导形式的基础上。奴隶没有“人”的地位;它们被视为“说话的工具”(instrumentum vocale),以及被视为“人”的个人所拥有的财产,主要是罗马的自由公民。奴隶的主人可以像处理其他物品一样处理奴隶并决定他的生死。鉴于罗马帝国没有为每个人创造必要的先决条件,使他们能够使用自然赋予他们的东西:生命权和自由权- -所有其他权利都是由此而来的- -研究个人权利及其所受到的待遇问题似乎是无关紧要的。但这只是第一印象,因为罗马的条件确保了基本的“男人的权利”只属于罗马公民,而在其他人(妇女、儿童和奴隶)的情况下,这些权利被“系统地侵犯”。在罗马国家的所有阶段(如王国、共和国、元首制和统治)中,罗马人都意识到构成他们社会的阶级。每个人都以两个基本标准来衡量:出身和财富。因此,有人说,罗马社会在其一切阶段,除了最初阶段外,都是一个充满冲突的社会。总是有阶级冲突,上等阶级和下等阶级。在被确定为自由公民或奴隶之后,“人”根据他与被解放的人、游民和罗马公民的关系,进一步在社会和家庭中定位;罗马公民被进一步分为贵族、平民、贵族和骑士。将社会成员分为“自由人”(liberi)和“仆人”(servi)的旧划分要晚得多,在10世纪才被废除。一旦人们认识到,在世界上的某些地方,“公民权利”一词并不适用于所有人,当“生命”一词获得政治意义时,“人权”一词就被采用了。不幸的是,“人权”一词经过了很长时间才被承认和采纳,因此直到20世纪才出现。在此之前,战争和其他形式的破坏导致数百万人的生命湮灭,这是学会如何欣赏它们的高昂代价。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Comparative analysis: 'Civil rights' in the Roman state and contemporary 'human rights'
The paper focuses on exploring the roots of 'civil rights' dating from the times before the Roman civilization and the term of 'human rights', which is a comparatively new concept for what was once understood as 'the right of men'. There is no doubt that the character of the Roman society which was based on slavery made the notion of 'man' restricted and exclusive, since it was based on the dominant form of dependence and use of another person (a slave). Slaves did not have the status of 'men'; they were treated as 'speaking tools' (instrumentum vocale), as well as possessions owned by the person treated like a 'man', primarily a free citizen of Rome. The slave's master could dispose of him just like any other object and decide upon his life and death. Given the fact that the Roman Empire did not create the necessary prerequisites for every person to use what they were naturally given: the right to life and liberty - from which all other rights are derived - it may appear irrelevant to study the issue of the rights of individuals and the treatment they received. But this is only a first glance impression, because the conditions in Rome ensured the basic 'rights of men' exclusively for the Roman citizens, whereas in the case of others (women, children, and slaves) these rights were 'systematically violated'. In all the stages of the Roman state (as kingdom, republic, principate, and dominate) there was awareness among the Romans of the classes constituting their society. Every person was regarded in the function of two essential criteria: his origin and wealth. It is therefore said that the Roman society in all its stages, except the initial one, was a society of conflicts. There were always conflicting classes, the superior ones and the inferior ones. Having been determined as either a free citizen or a slave, the 'man' was further positioned within the society and the family according to his affiliation to liberated persons, peregrines, and the citizens of Rome; the Roman citizens were further classified as patricians, plebeians, noblemen and knights. The old division of society members into 'the free ones' (liberi) and servants (servi) was to be abolished much later, in the 10th century. Once it was realized that, in some parts of the world, the term 'civil rights' did not apply to all humans and when the term 'life' acquired a political meaning, the new term of 'human rights' was adopted. Unfortunately, it took a long time for 'human rights' to be recognized and adopted, so that it took place only in the 20th century. This was preceded by wars and other forms of devastation that led to the annihilation of millions of human lives and that was the dear price of learning how to appreciate them.
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