论个人权利与有效政府——以《权利的成本—为什么自由依赖于税》为中心的考察-法律专业论文.docxVIP

重庆大学硕士学位论文英文摘要 重庆大学硕士学位论文 英文摘要 PAGE PAGE IV ABSTRACT The concept of right didn’t gradually enter the mainstream areas of legal research and political philosophy until the 17th and 18th centuries, before which the idea of justice was regarded as the central issue in the two fields of study. This change not only has brought a great effect on the daily life of people but also guided the political administration and social practice of law. At present, the study of rights is going like fire and flowering rush, just like Louis Henkin, a leading jurist of international law and constitution, said: “our age is an age of rights”. Today, rights have become a key problem and a hot issue in the study of legal scholarship. However, unfortunately, the study of rights in law circle mostly pays attention to the ought-to-be research of rights rather than feasibility study for which they even did not make a move. The ought-to-be study of rights has neglected some realistic issues of the sphere of practice, like actual enjoyment of rights and concrete protection. This idealistic view of rights must affect the realization of rights in practice. Consequently, it’s of importance that we should reflect on the Relationships between individual and government in realization of rights to make up for the inadequacy of feasibility study. In the content of a significant conversion from ought-to-be to to-be, the United States produced two great jurists: Stephen Holmes, professor of Princeton University and Law School of New York University, and Cass R.Sunstein, professor of the University of Chicago, both of whom did the research of rights from the angle of public cost. Both professors have taken a new and unique perspective, which is totally different from traditional study of rights of former scholars, to begin the research of rights : a floodgate of reliable facts has been analyzed, instead of pure pursuit of the ought-to-be rights, to draw a convincing conclusion—the public cost of rights i