摘要
人权法学在中国的肇始,首先是从法理学和宪法学中延伸发展起来的。在20世纪70年代末,我国老一辈法学家就已经开始了对人权的研究。在20世纪80年代至90年代初,西南政法大学法理学科的学者们,从法学视角对人权进行了较大规模的集中研究,形成了一个独特的人权研究现象。黎国智、卢云、王明三等法理学家以深厚的马克思主义法学理论功底和宪法学素养的基础,带领一批年轻学人以马克思主义理论为指导,立足法理学科,以人民权利、马克思主义法学理论、马克思主义人权理论、法理学研究等为进路,形成了独具特色的人权法学理论研究格局,还培养了一代又一代人权法学学者。西南政法大学人权法学研究的学术历程,具有历史、学术与现实的三重意义,在人权法学肇始阶段的贡献理当成为不可或缺且十分珍贵的学术记忆。
Between the 1980s and the 1990s,professors of the jurisprudence program at Southwest University of Political Science and Law,led a group of young scholars,guided by Marxist theories,including jurisprudence theories,and based on the jurisprudence program,devoted to the study of jurisprudence theories and also the study of human rights theories,in particular the study of Marxist theory of human rights.The research can be categorized into four approaches.First,the study of human rights law with the approach of people's rights.Based on the close connection between human rights and rights,scholars studied human rights-related issues from the perspective of people's rights,with the concept of"rights,"analyzing and arguing for the protection of human rights in administrative law,the protection of human rights under the principle of legality of crime and punishment,and the protection of human rights under the Constitution;and paying particular attention to the protection of human rights for specific groups,such as the protection of the legitimate rights and interests of the elderly.Second,the study of human rights law with the Marxist approach to law.The jurisprudence program at Southwest University of Political Science and Law has completed a monograph specializing in the founding and development of the Marxist approach to law,in which it devoted a large portion to the Marxist concept of human rights in law,and for the first time summarized and discussed the"concept of human rights in law" as a significant element of the Marxist approach to law. Third,the study of human rights law with Marxist theory of human rights. The landmarkachievement of this approach is the Outline of Marxist Theory of Human Rights, whichselects classic Marxist treatises for analysis, shows the basic rules of the formation,development, and continuous improvement of Marxist thought of human rights, andsummarizes the fundamental theories of Marxist thinkers on human rights, which isof pioneering significance. Fourth, the study of human rights law with the approachto jurisprudence research. On the one hand, this was manifested in the SouthwestRegional Jurisprudence Conference, which discussed the topic of "legal human rights."On the other hand, in the textbooks of the Southwest University of Political Scienceand Law and its Catalogue, Human Rights Law was included. Among the earliesttextbooks tilted Jurisprudence in the "Five Colleges and Four Departments" (the mostprestigious law schools in China), Jurisprudence by Southwest University of PoliticalScience and Law firstly recognized "human rights" as a "legal value" in the textbook.In the tradition of mutual reinforcement, solidarity and cooperation, and under theleadership of the older generation of jurists, the Southwest University of PoliticalScience and Law has become an essential force in the study of human rights law, andhas cultivated a new generation of scholars in the study of human rights law. Theacademic history of human rights law at Southwest University of Political Science andLaw is of triple significance: history, academia and reality, and its contribution to theinception of human rights law in China should become an indispensable and crucialacademic memory.
作者
卓泽渊
ZHUO Zeyuan(Party School of the Central Committee of CPC)
出处
《人权法学》
2023年第5期1-17,139,140,共19页
Journal of Human Rights Law
关键词
人权法学
人民权利
马克思主义法学
马克思主义人权理论
法理学
human rights law
people's rights
Marxist approach to law
Marxist theory of human rights
jurisprudence
