迻譯與拒棄：近代中國權利觀形成中的自主性

隨著自由權利概念的輸入，近代中國權利觀也得以形成，但其間仍存在著迻譯與拒棄之間的張力，並蘊含了一種以中國傳統文化為底蘊的自主性立場。將嚴複及其相關的思想文本作為個案加以考察，便可窺見這種立場的基本內蘊。正是基於這種立場，嚴覆沒有完整接受以穆勒為代表的西方古典自由主義思想傳統，而且時常保有一種敢於拒棄的批判精神。但嚴複一貫具有保守傾向，應從一種參酌了嚴複所堅守的傳統道德理想的立場對其給予評價。即使晚年的嚴複在一定程度上退回傳統保守立場的事實無可否認，他也未像日本近代啟蒙思想家加藤弘之在其學術生涯的中晚期那樣發生急劇的思想轉向。這意味著嚴複作為近代中國“頭號”的社會達爾文主義者竟然沒有順勢滑向當時盛行各國的強權主義權利觀。這同樣得益于嚴複所堅守的以中國傳統文化為根基的道德理想。以此為核心的自主性立場，也使得嚴複有關自由權利的思想具有了強韌的生命力，對於我國現行憲法亦具有一定的意義。

With the introduction of the concept of rights of freedom, modern Chinese views on rights began to take shape. However, this development was marked by a tension between translation and rejection, reflecting a stance rooted in traditional Chinese culture. Examining the ideas and texts of Yan Fu and his related works provides insight into this fundamental position. Yan Fu's stance was shaped by this background, leading him to not fully embrace the classical liberalism of the Western tradition as represented by thinkers like John Stuart Mill. Instead, he maintained a critical spirit that was willing to reject aspects of Western thought. Despite his conservative tendencies, which should be evaluated in the context of the traditional moral ideals he upheld, Yan Fu did not experience a dramatic shift in thought, unlike Japanese modern Enlightenment thinker KatōHiroyuki, who underwent a significant ideological transformation in the later stages of his career. This consistency in Yan Fu's views implies that, as a leading social Darwinist in modern China, he did not succumb to the prevailing authoritarian perspectives of his time. This consistency is attributed to Yan Fu's adherence to moral ideals grounded in traditional Chinese culture. This core autonomous stance endowed Yan Fu's ideas on freedom rights with enduring vitality, which continues to have relevance even in the context of China's current constitution.