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近年来,对边沁功利主义思想的发掘整理工作已经成为国际学术界与中国思想界的重大热点,其时代的意义和价值也愈加凸显。本文对边沁的名著《政府片论》进行了细致解读,对边沁与普通法大家布莱克斯通之间的那场思想论战做了正本清源的梳理。结合边沁一生致力关注的法律变革问题,本文从利益博弈与正当性基础两个维度来概括边沁思考的重心所在。在作者看来,边沁那些表面激进的改革主张,是建立在对理性与科学的执着坚守的基础上的。更重要的是,他之反对制度繁文缛节、语词故弄玄虚,是为了揭示其背后所隐藏的腐败堕落等邪恶利益,从而蕴涵着边沁对民主与平等的一以贯之的追求。边沁本人作为普通法之子,其功利主义也植根于对自由价值的平衡与捍卫。
In recent years, the excavation work of Bentham’s utilitarianism has become a major hot spot in the international academic community and the Chinese intellectual community. The significance and value of the era are also becoming more prominent. This article has carried on the careful interpretation to Bentham’s famous book “The Theory of Government Pieces”, and made a clear-cut analysis of the ideological debate between Bentham and Commonwealth Lawyer Blackstone. In the light of the legal change that Bentham devoted his life to attention, this essay summarizes the center of gravity of Bentham’s thinking from two aspects: the game of interests and the foundation of legitimacy. In the author’s opinion, the seemingly radical reform proposals of Bentham are based on the persistence of reason and science. More importantly, his objection system is exaggerating the cumbersomeness of the system and his words are used to reveal the evil interests such as corruption and corruption hidden behind him, which implies a consistent pursuit of democracy and equality by Bentham. As a son of common law, Bentham himself is also rooted in the balance and defense of the value of freedom.