ΩԸƽˮʹ罭ϣ
et revelabitur quasi aqua iudicium et iustitia quasi torrens fortis

 

Ϊ ͳ һ


˼ ѡ ȥ һ ע ֻ ż Ȼ һ Ȩ Ϊ ʾ ˵ ˣ ʵ Ϊ Σ ʱ ǧ ֮ Ϊ ʱ Ҳ Ϊ ˣ ѡ ô ȫ ҡ

Publius


ۣ Ŀ :
Ȩ ͷ ʷ ѭ

ϣ Ҫ հ Զ ʹ ֮ δ Ǩ


1992 3 һ ƪ ⣺

ԭ Զ ֻ Ȩ ͷ provincial oligarchies ֮ λ ԭ ˵ һ Ⱥ ȡ ɣ ô һ Σ գ " Ⱥ 壿[1]

һ Ҫ 89 ӿ Ӧ ģ ͬ Ȩ ѣ ǰ һ ƪ ϵ һ ⡣[2] ȷ ʵ ģ ֮ һ һ ʽ ֤ ʽ Ū ģ Ŀ Խ Խ Խ Խ Զ ʵ ϣ ۣ ϵ ۣ һ ȴ ѧ ǣ λ ʲ ô 壬 Ȩ Ȩ
һ һ ⣬ Ȩ ԣ ʵ " ˡ ţ Ȩ ȡ Ȩ ֤ Ȩ Ϊ ֱ Ȩ ѧ ȡ ǡ һ ʵ ͬ λ Ȩ ԣlegitimacy Ȩ ϡ[3]
ǣ Ӧ ã չ " ˡ Ϊ ǡ ǡ " ˡ Ϊ ǰ ᡣ " ˡΪ Ŭ ǰ Ϧ һ ϵ ǣ " ǡNotes on Ancient and Modern Confederacies " ֮ Vices of the Political System of the United States Ϊ Ҫ ׼[4] Ҫ " ˡ Ȩ Ϊ ۣ ԭ 1 λ ֻ Ϊ 壬 ͬ 壻2 Ȩ ֱ Ȩ Ȩ Ȩ ԭ ʵ һ ֮ 棬 ν" Ϊ ͳ һ
Ϊ" Ϊ ͳ һ һ ԭ һ ʵ ν" ϵ Ϊ ͳ ֮ Ȩ ͷ ֮ ʷ ѭ ԭ ǡ ǡ δ Ѱ Ȩ ֱ λ ϰ ֻ " ì ͳ ϣ ˵ Ҫ һ Ȩ ͷ ֮ ʷ ѭ " Ϊ ͳ һ ᡣҲ ۣ Ȩ Ը Ȼ ǿ " Ϊ ͳ һ ԭ ô ʵ ʵ Ҳ Ȼ ͳ Ȩ ͷ ֮ ʷ ѭ
Ȼ " Ⱥ 塨communitarianism ˼ λ ԭ ս[5] Ů ָ δ ʵ λ " λ[6] Ϊ Щ ֵ ⣬[7] ȡ ԭ Ϊ" ᡨ š[8] ǣ ע һ ͥ λ Ȩ Ȩ ʡ У ʹ Ҫ ǿ һ ν " Ȩ Ȩ imperium in imperio ֮ λ ֻ һ ԭ ͬ ʱ ζ ţ ֮ ֱ ϵ ͬ ϵ ν " һ Ԥ " ҡ  һ" ֮ һ ʡ һ ֮ Ҳ Ŀ Ҫ " Ȩ ֮ ֮ һ ϵ Ҫ ʹ һ ϵ
Ϊ Ҫ Ը ȷ ڣ Ŀ ǰ Ӧ Ȩ Ȼ Ӧ У Ӧ չ Ȼ Ӧ չ Ҫ һ ⣬ Ȩ ԣlegitimacy Ӧ ʵ ⡣ һ ֮ ȷ Ϊ Ҫ ڡ ϣ ʵ ͼ Ȩ Ϊ ͼ ֤ Ȩ Ӧ ʵ Ȩ ϣ ij " Ȩ Ȩ Σ Ȩ ͷ · Ҫ ǿ ǣ Ȩ ڣ Ȩ ֱ ȫ Ϊ Ψ һ ʵ ֻ Ϊ ÿ һ һ Ȩ Ϊ ȷ һ Ŀ Ҫ ԣ Ϊ ˵ ף Ҫ Ȩ ⡣
Ϊ Ӧ ν " ֮ վ ν " һ ߣ Ӧ Τ ֤ չ Խ Ԫ ⣬ Ȩ Խ Ҫ ȫ ֱ ѡ ֮ ϣ 档 [9] ȫ ͬ Ȩ Ϊ ȫ ֱ ѡ " Ϊ " ʹ ʵ Ҳ ̫ Ч  㡣[10] ʵ ӳ һ ֪ ʶ Τ " ֢ Ϊ Ӧ ν " ǡ ǡ Ҳ Ϊ ʵ չ £ Ȩ Ѱ Ȩ ʵ Ϊ " Ϊ ͳ һ ij ܣ Ϊ ʵ ǿ Ȩ Ч һ Ȩ ȫ ѡ ֱ Ӧ ʧ ʱ ǿ Ԫ չ Ȩ ȫ ѡ ֱ Ϊ ⡣[11] Ϊ Ӧ ע Ȩ ֱ ѡ ȫ ȫ ֱ ѡ ۣ ʹ һ Ҳ ӡ Ŀ һ Щ ⡣

ƪ

ֻ Ҫ ˼ ǡ Ȼ ϣ ǿ ׳ ɷ 롣

Publius

һ Ȩ ʧ

1992 ƪ ˵ Ȼ ֮ ʵ " ˡ ֻ " ˡ ʵ Ϊ ġ Ϊ ߣ Ȩ ߣ ȡ ֻ ȡ " ˡ ȡ " ˡ ԭ ʱ ν " ˡ " ˡ ֮ " ֮ " ˡ ʱ " ɡ" Ȩ ɡ " ˡ " ɡ" Ȩ ɡ " ˡ Ҳ Ȩ ȫ һ Ȩ Ϊ ָ 飬 ֮ Ϊ Ȩ ǿ Ȼ ר ơ ֪ Ϊ ֮ " ˡ ǡ ǡ " ˡ ʾ ǣ Ȩ δ һ ר ƣ Ȩ Ҳ Ȼ Ը ά ԣ" ԣ һ û Ȩ 棬 ˵ ʢ[12]
Ҫ ָ ǣ Ŀ ǰ һ Щ " ˡ " ˡ 飬 Ȼ Ϊ ֤ Ȩ Ӧ ʵ Ȩ ϡ ֣ 룭 ϵ Ϊ [13] Ϊ Ȩ ֮ һ ͬ ʱ ͬ Ȩ ۣ ȷ ǿ Ҫ " Ȩ Ȩ Ȩ ʷ ѭ Ϊ Ȩ ͬ ʱ"Ҫ һ ǿ 룬 Ч ʹ С ҳ 137 ڣ ֮ ν" չ ֻ Ŀ ۣ Ϊ һ · ʵ " һ ǿ 롨 ֻ һ 룬 һ Ȩ ǣ Ȩ 롣 Ϊ ν " ۡ ʵ ţ ǿ Ȩ ֮ ǿ Ȩ Ҫ һ ǿ Ҫ Ȩ ǿ Ȩ ϣ ͨ ʵ ǿ Ȩ ͨ Ȩ ܣ Ҳ ν " ˵ Ȩ ; ˵ ǿ Ȩ Ρ ҳ153 ֣ " Ӣ Ϊ " ̡ ҳ161
һ Ȩ Ϊ š £ Ȩ ϵ Ȩ Ϊ ģ Ҫ ͨ Ȩ ͨ Ȩ Ȩ ֮ ֻ ϵ һ Ϊ ѡ Ȼ ѡ ٣ ʵ ţҳ143 Ϊ Ϊ ȫ ֱ ѡ " ʹ ʵ Ҳ ̫ Ч  ҳ142 Ҫ ֮ ʵ Ȩ Ϊ ͼ Ȩ Ϊ Ȩ ˵ "Ŀ ת Ϊ 161 δ ֧ ֣ ־ һ ԣ Ϊ ֧ ֣ Σ
ָ λ һ" " ֮ ǰ Ϊ ʱ ֧ ֤ Ϊ Ϊ" ʱ ˼  ֮ ' Ȩ ' ϵ ͳ ͸ ͬ ˼ 룬 ֮ С ȷ ֮ Ȩ ϵ ʱ Ȩ ģ С ȫ Եġ Ϊ һ ң һ Ȩ Ȩ ҳ140
ʵ ȫ ģ ʱ " ϵ ڡ ȷ ʵ " Ȩ "ϵ ͳ ͸ ʲ ô أ

" ֮ ʾ

ʵ ǣ ǰ һ ʼ ϵ ͳ Ȩ Ϊ д ע Ҫ ͬ ־ ָ Ȩ Ϊ ǿ Ȩ һ ⣬ [14] ǰ һ £ һ ר Ϊ ׼ ¼ " ֮ Vices of the Political System of the United States ˼ Ҫ ָ һ 1781 "  ȫ ⣬ Ȩ "ä Ŀ Ρ ϣmistaken confidence ʱ Ȩ ȫ Ȩ ȴ Լ Ȩ ֻ ʱ ȱ " ԭ 򡨣 Ȩ Ȩ Լ Ȩ [15] ˵ ͬ ʱ ȫ ˼ ʵ Χ һ ⣬ ǣ һ ǿ "ȫ ԡ Ť ת ʱ "Ȩ ġ [16]
һ ʱ ν" ˡ " ˡ ģ Ϊ ʵ ʱ ״ ʵ ״ ֮ ʱ ֮ ǿ ʱ ʵ ġ ȣ Ҫ Ȩ ˰ Σ [17] Ϊ ᣩ Щ ȫ û Ȩ ͳ һ ֽ ֮ ˰ " ġ Ҫ ʵ [18] ȫ û Ȩ ֮ ó ͻ[19] ֮ ֻ ˹ ѣ ֪ Ҳ ʱ ⣬ â Ŧ Լ " Щ һ ȫ Ѫ ӣ[20] Ҳ Ҫ ģ Ϊ ״ ʹ Ϊ һ ͳ һ ŷ ǿ ơ[21] ʵ һ Ҫ ԭ ڣ ʱ ӣ Ҫ Э 磬 ʱ ܡ[22]
塷 У " ƪ ƪ ƣ ָ һ ͳ һ ͳ һ ң ά ʱ "Ȩ ġ Ȼ ŷ ǿ ֣ ɥ ʧ ս 塷 ʮ һ ƪ ָ ŷ ֧ ޣ ϰ ȫ ӣ Ϊ ŷ " Ӧ ̧ ͷ Ϊ ȫ ŷ ǫ 㡨 Ҫ Ӧ м ŷ ǿ  Ӧ Ϊһ ǿ ͳ һ ŷ ݣ ʹ ŷ ǿ [23]
ʹ ν " ᡨ ʵ Ȩ 1787 ꣩ ϣ Ȼ " һ Ȩ Ȩ ţ һ ȫ ʽ Ϊ һ һ Ȩ ֮ ν ֮ ָ ֮ 1787 ­1788 䣩 Χ Ҫ Ҫ ׼" " ȫ ۡ[24] У" ˡ ָ ʵ " consolidation һ ʽ ʮ Ȩ[25] ׼ ά ά ʮ ɢ ֯ ʽ[26] д 塷 Ҫ ָ " ˡ ʵ " ä Ŀ ' Ȩ Ȩ' political monsterp.147[27] ֮ ֱ ϵ ָ ν " Ȩ ֱ Ȩa sovereignty over sovereigns a government over governments Ϊ ÿ һ Ϊ ͬ a legislation for communities as contradistinguished from individuals " ͨ ʵ ͣ p.172
ʱ Ҫ һ Ȩ Զ Ҫ ֣ Ϊ ͬ " Ȩ £ " ֡ һ " Ȩ Ϊ Ȩ Դ ǣ "Υ ܡ ʣ Ϊ Ȩ Щ ȥ δ Ȩ ȥ һ Ҫ ȥ "  Ҳ ˣ һ ׼ Ҳ ʱ ׼ ֮ ֮ ǰ ı Զ ʢ ָ ׼ Ȩ ֣ ô ʹ ׼ Ҳ ͬ Ȩ ֮ ׼ һ "Ȩ ׼ Ȩa higher Sanction Ϊ ˣ ׼ Ȩ ᣬ " 񡨣 the People of the United States [28] Ҳ ϣ ν " Ȩ ԭ Popular Sovereignty ݡ[29] ֮

" ׼ ʱ ȫ Щ ͬ Ϊ ֮ Ȩ ȫ ͬ ơ Щ ָ ף Ȩ ʹֻ [30]

û Ҫ ˣ ߡ ߡ Ȩ ߡ ʷ Ҫ Ϊ һ ȫ ܡ ֮ Ϊ" Ϊ "һ Ȩ Ȩ һ "ȫ ԡ ƣ Ϊ ͬnational identity [31] ˵ ʷ " ˡ ȡ ʤ " ˡ ȡ ʤ ô ʷ д Ϊ û " ôһ ͳ һ ҡ ս Ȩ Ȼ ͨ һ ս ̣ Ҳ ֻ ս ͨ ʮ [32] Ŭ ͳ һ ֱ ÿ һ 壬" Ҫ intermediate legislationsp. 154 ǿ " Ϊ һ ȫ a national government ٣ ʹ ȫ ͬ Ȩ ֱ ÿ һ Ϊ Ψ һ p. 149 ֮һ " ҡ Ȩ ֱ Ϊ ÿ һ 壬 ͬ 壬 ʡ С 硢 塣
֮ λ ֻ ͬ 壬 ͬ ʱ Ҳ ζ ţ ֮ ֱ ϵ ͬ м ϵ ֱ ˵" Ȩ Ȩ ֮ Ϊ һ " ҡ ȨPopular Sovereignty ȫ ͬ ʵ ˣ Ȩ Ϊ Ȩ Ϊ ǰ ߣ1781 "  ˵ ͬ ֮ " ˡperpetual Union between the States Ȩ ͬ 壻 ׾" 񡨣We the People of the United States,...  Ϊ һ ᣬ Ȩ ɣ ֱ Ϊ ÿ һ ɡ Ҳ ˣ ÿ һ ֱ ͬ ˡ
˵ " Ȩ " Ȩ Ȩ ͼ Ϊ ֮ Ŭ Ϊ һ ˼ ֮ ʵ Ī ʾ 壬 һ ǣ ܣ

֮

ԭ ֮ һ ̫"󡨡 ʵ ϣ Ȩ ֮ ء Ϊ Щ " ܡ һ ȡ һ Ϊ Щ ʵ Ϊ ֻ Ϊ С ʵ ֻ С һ ʱ õ ͳ ۣ ʵ " ˡ ͼ Ȩ ʧ · ͳ Ȩ ͷ provincial oligarchies ֮ ʷ ѭ
Ϊ ֮ Ϊ С ǡ ǡ ֮ ֮ Ҫ һ һ С ɣ ơ Ϊ ʾ  Ȼ Ϊ δ Ϊ ˼ 顣 Ϊ Ȼ Ϊ " ˡ ʱ " ˡ չ ۣ һ ʵ ij ԡ Ϊ ʵ ϣ ʷ ֻ С ͳ ۣ ʷ һ " Խ Խ Ρ the larger the society, the more duly capable it will be of self-government[33] һ Ȼ " ۡ ɡ ѧ Robert Dahl ȷ ָ ϣ չ[34]
Ϊ һ " ס ʷ 飬 ʹ ţ "һ ͳ ¡ ͳ Ȼ Ϊ ʵ Ȩ ϣ һ ͳ ͳ Ϊ һ " ¡ ΰ ͬ 塣 ij Ȩ ֮ ʢ У ֮" ֪ ֣ Ϊ Ҫ 塣 Щ · ֮ ˼·ʵʲ δ ͳ ν " ء · " ˡ һ ʵ ֻ С ͳ ƫ Ϊ һ ֻ Ȩ ʵ ͳ Ȩ ͷ ֮ ʷ ѭ

˼ ֮ ֵ ӣ Ϊ ˼ Ȩ ʧ ѵ չ ġ[35] ʮ " ѵ ʶ ͬ ⣬ ֹ ν " Ȩ Ȩ ʧ Σ 档 ֮ һ ͬ Ȩ Ȩ ս ⡣ ʵ ζ ţ Ҫ Ϊ ƣ Ȩ Ȩ ϡ Զ ʶ Ҫ һ һ ⣬ Ψ һ ֮ ʹ Ȩ ֱ " Ȩ ϣ Ϊ Ω Ȩ Ȩ ս ʵ һ" Ȩ ֱ Ȩ ֮ С ˼ һ ʵ ʵ ά " һ [36] Ҳ ֮ " ֻ ʵ ơ һ ͳ ֮ Ϊ ʷ һ " ԭ
һ" ֮ һ ʾ Ϊ ġ Ȼ ̫ Ϥ ʷ һ Ȩ ҡ £ Ҳ ֪ Ϊ " ۡ ʿ ӣ Ҳ ӣ ά һ ͳ Ϊ ͳ 1911 ơ δ һ ƣ ʵ δ һ " ͡ û һ ˼ ʿ ά һ ͳ һ ͳ ά һ ͳ ˡ δ ڡ ʵ ˹ ν " Ȩ ij ƣ Ϊ Ȩ ʵ ⣻[37] ͳ Ϊ ֻ Ҳ Ϊ Խ Ȩ ʵ Խ ѡ Ӧ ˵ ̫ ⣬ ʷ ά һ ͳ ͳ ˼ һ Ȩ Ȩ ֮ Ҳ һ ͳ ͳ " · Ҫ ֮ ͳ ̽ һ ʽ Ȩ Ϊ Ŭ ʵ Ȩ Ȼ ר ơ Ҫ Ȩ Ȩ ֮ ǿ Ȩ ǡ ǡ ֻ Ȩ ֱ Ȩ ܡ ֮ ǿ Ȩ Ч ǡ ǡ Ҳ Τ [38]
ν " ʵ ʹ Ȩ ͻ Ϊ һ ʵ ǣ չ ʹ " 롨 ȱ Ȩ ͬ ì ͻ ǣ һ Ȩ ԭ ǡ ǡ Ȩ δ Ȩ ϣ ȱ һ ʹ ȫ ƣ Ȩ ʵ Ȩ Ȩ ȫ ѡ ֱ ȡ ֧ ֣ ʽ ȷ Ȩ ս legitimacy ԣ ʵ Ҫ Ȩ ⣬ ʹ ֮ ֱ ȫ ѡ Ϊ ֮ ϡ У һ 棬 Ȩ Ӧ ԣ Ӧ Ӧ ѡ ѡ ٣ һ 棬 ͬ Ҫ ǣ Ȩ Ȩ ԡ Τ չ Խ Ԫ ⣬ Ȩ Խ Ҫ ȫ ֱ ѡ 档[39] ƪ ͼ ̽ ȫ ֱ ѡ ⡣˵ ף ȫ ѡ ȫ ־ һ ־


ƪ "һ ִ ͬ ̬

Ӧ ʵ ģ Ӧ ģ ԭ ģ ġ
M. Bluntschli

һ ֱ ѡ һ

֮ һ ѡ ٣ ȫ ʡ ѡ ʡ ѡ Ȩ ʮ ǧ  һ ʵ ֮ ⣬ һ Ȩ ֱ ֧ ֡ Ϊ ˣ " 롨 ֮ ģ á
ʵ ϣ ǿ Ȩ Ҫ ѡ ֱ ѡ ٣ ȷ Ȩ Ա ѡ ֱ ѡ ʮ һ Ա ͬ ֱ ѡ ѡ Ҫ ǣ ۣ ͳ Ժ ѡ ȫ ֱ ѡ Ҫ ʹ ͳ Ȩ ֱ Դ ȫ ֱ Щ ּ ʹ Ȩ ֱ ֮ ϣ ȷ Ȩ Ȩ ս һ ɢ Ϊ һ ͳ һ " 塨 ˳ Ӧ ָ ͳ ͬ ȫ ֱ ѡ Ȩ £ ʵ Ȩ ʱ ǰ ȫ ѡ ֱ ֧ ȡ Ȩ Ŀ ǰ ѡ ģ ѡ ǰ Τ ָ ǿ ʢ Ϊ ѡ ż Ȼ Ϊ չ һ Ψ һ Ч Σ ͳ Ȼ Ԫ չ Ϊ ۣ ʹ ͳ ׽ ⣬ ġ ˵ Ⱥ ʵ ȷ ָ ή ʧ ȥ Ʒ һ ơ ָ ͳ ֮ · ȡ Ҳ ʵ ġ Ϊ ȡ · ѡ Σ ִ λ ѡ ȥ
Ϊ Ӧ ע Ȩ ֱ ѡ ȫ ȫ ֱ ѡ ۣ ʹ һ Ҳ ӣ Ϊ ѡ ֱ ѡ ֻ ѡ ٣ ȫ ѡ ʵ һ Ƭ ס 1992 ƪ Ϊ ʱ ׯ ѡ Ϊ ѡ 㣬 Ҫ ǿ ǣ ֱ ѡ ȫ ֱ ѡ ̫ ֵ ģ Ϊ Ҫ ǰ ʡ ֱ ѡ ⣺ ȫ Ӧ ѡ һ ȡ ʲ ô ѡ ȫ Ϊ ˡ Ŀ ǰ ѧ һ Ϊ ȫ Ϊ 3000 ʵ Ч ⣬ 400 2500 Ȼ Ϊ ԣ ѡ " 򡨣 Լ Ϊ ˣ ȫ ȡ ʮ һ ǧ ¡[40]
ڣ ѡ ѡ ʵ ⣬ Ϊ ǰ ơ Ҳ ˣ һ ȫ ֱ ѡ ̣ ô ν" 롨 ͳ ˼ · Ҳ ͷ Ŀ ǰ ѧ ν" 롨 ˼ · ˼ ȫ  ⣬ ȴ ˼ ġ ν ߣ һ ͨ ζ Ȩ ͳ ơ Ϊ ˣ ѧ ָ һ ֮ ζ ֮ ֮ ζ ֮ 졣 ͬ ѡ ѡ ת ƣ ͬ ѡ Ϊ ͬ ƣ " ơ ѡ ʽ Ŀ Ϊ ȷ ƣ ѡ ν " Threshold Ҫ ʹ ν " Ŀ Խ Խ ã ȡ Ҫ ֮ ᡢ ѡ λ һ 塢 ۡ ʵ ϣ һ ֪ ѡ Ӧ ȫ ֱ ѡ ţ Ҳ ֪ Ϊ Ч Ϊ ǰ ν " ƥ Parliamentary-fit parties ԣ Ϊ û ȫ ֱ ѡ һ ȫ ֱ ѡ ̣ Щ ʱ ܡ Ҳ ˣ һ ȫ ֱ ѡ ̣ ô ν" 롨 ͳ ˼ · Ҳ ͷ ν " 롨 ͨ Ϊ Ȼ һ ᣬ Ҫ ǣ ʵ Ȼ ֪ һ ǿ ֮ ᣨ " ƥ û
ˣ ˵ ⣬ ѡ ѡ λ ȫ ֱ ѡ λ ⡣ ˵ ˣ ȫ ֱ ѡ "ѡ electorial party ⡣ ָ ˼ ԭ Ҫ ʵ ̸ " 롨 ǡ ǡ Ϊ Ӧ Ҫ ȫ "ѡ electorial party ֮ · ϣ " 롨 ǡ ǡ Ҫ " һ ʹ ִ Ϊ ν" parliamentary party ⣬ Ŀ ǰ ʵ ƣ Ȼ ʽ ͳ ȴ ŷ ʽ ֮ ֮ ִ ת Ϊ ѡ һ ת ʵ ֣ ȫ Ϊ " Ȩparlimentary sovereigntyйȨ[41] Ӧ ľ Ժ ֮ Ҫ Ӧ ץ ס ִ ת Ϊ ѡ

"һ ִ ͬ ̬

ͼ ת һ ̽ ֡ ǣ ȡ "һ ִ ͬ ̬ ɡ ʵ ϣ ͨ ˵ ν Ҫ 죬 ǰ ּ ѡ "һ ִ single party government ͨ Τ ˹ ˹ ģ ʽ Ӣ ʽ ȡ" ִ multi-party coalition government Τ ˹ ˹ ģ ʽ һ ֣ ѡ ͬ һ "һ ִ ν" ơpredominant party polity Ϊ "һ ơ һ ͻ ӣ 1870 1950 ꣬ ʮ ͬ һ ִ ʮ ֮ ã Ϊ "һ ݡ one-party states[42] " 塨 Ϊ 䡢 Ų ν ˹ ά ģ ʽ ӡ ң Ȼ Ҳ ͡ Ϊ һ" ơ Ӧ һ Ӧ ȡ Ŀ ꡣ ν" һ ִ ͬ ̬ ɡ һ Giovanni Sartori [43]

1 ë ʱ С ƽ ʱ ת ȫ һ one-party totalitarian polity ת ʵ һ ƣone-party pragmatic polity ̣
2 Ŀ ǰ " Э ȡ " ʵ ִ ơpragmatic-hegimonic party polity
3 һ ʵ Ŀ һ ʵ " ơpredominant party polity
4 Զ δ ԣ " ơ ʽ ΢ Ҳ Τ ˹ ˹ ģ ʽ "һ ִ ƣ ij " ִ ơ[44]
Ȼ ֻ һ һ Ըa wishful thinking Ϊ ʵ ʮ [45] ѧ Ϊ һ ơ[46] 1990 ŷ ת ˼ ʹ Ϊ " governable democracy Ϊ ǡ[47] ŷ ת ֮ һ ǣ С ռ ִ 1991 ѡ 29 ȡ Ժ ϯ λ ռ Ժ ϯ λ ֮ ʮ ͳ 棬 ͳ ֮ Ȩ Ϊ ̱ ѵ ˹ һ ˣ 1993 12 Ͷ Ʊ ͨ ν ʵ ȫ Χ Ҷ ƣ Ȩ ͳ Ӯ Ϊ Ŀ ꡣ ʵ ̫ Զ ʳ һ ͳ ѡ Ҷ ѡ һ Լ ͳ Ȩ ͬ Ŀ ġ[48]
Ϊ Ŀ ǰ £ " ʵ ơ " ơ һ ת ǰ һ һ һ ת ־ ǰ ִ "ѡ " ֮" ѡ Ȼ " ÿ ѡ [49] һ ת ˳ ɣ Ϊ һ չ Ϊ һ ת ɣ ζ ʼ "ѡ " ʼ "ѡ Ρ " Ρ " ơ δ ⣬ Ϊ һ 塣

½ ֻ һ ƣunitary state У Ϊ ν ʵ Ȼ ֻ ½ Χ ԣ ʵ Ҳ Ҫ ָ ͳ һ ȫ ͬ ⣬ ͳ һ Ҫ ½ ⣬ Ϊ Ҫ ѧ һ ⣬ ֻ ͬ ȷ ܣ Ϊ ͬ ԭ һ ͬ ⣬ ô Ȼ Χ Χ Ϊ ˣ һ ͨ ν" Ȩ right to secede һ Ȩ [50] Ժ " ˹ ء һ 1869 ȷ ˹ Ҫ Ϊ unconstitutional һ [51] ѧ ˹ Sunstein ָ Ȩ ì ģ Ϊ Ҫ ʹ ִ һ ƽ Ȩ ǡ һ Ϊ ǰ ᡣ ֮ һ Ȩ һ ʱ ˹ ŷ Ӧ " Ȩ[52] ֮ ͬ һ æ ܣ Ҳ ã Ϊ ʵ û ܣ һ ֻ ܡ[53]
Ϊ Ŀ ǰ ֮ Ȼ һ ͬ ܣ Ҳ ˣ ͳ һ Ը һ Ϊ Ƿ ˼ Ϊ ֻ ͳ һ ⣬ ʷ ̡ û ״ ̬ ܣ ǡ ǡ Ϊ ʹ ܡ ͳ һ Ը һ Ϊ ʵ ͳ һ



˼ · £ Ҫ һ Ȩ ͷ ֮ ʷ ѭ " Ϊ ͳ һ Σ Ȩ ֱ ȫ Ȩ ʽ Ȼ Ϊ Ȩ ȫ ֱ ѡ " ¶ Ŀ ǰ Ȩ ʵ ͬ ʱ Ҳ Ϊ " Ϊ ͳ һ ʽ Ȩ һ ܣ ȫ ֱ ѡ ǰ Ϊ ִ ת Ϊ" ѡ " £ ζ " ʵ ơ " ơ һ ת ͡
˵ ˼ · ֻ Ϊ ֮ Ҳ ȷ ʵ ֻ ֮ Ϊ ֮ δ չ ʱ ȫ Ŀ ǰ Ȩ ֮ ͬ ʱ Ұ ʹ Ŀ ꣬ Ҫ ֪ ׷ ʲ ô

1996 5 ֥ 磬 ɾ ڡ21 ͡96 8


[1] " "ʱ 1992 3 1521
[2] " 壺 "" ˼ "1995 2 26 ա
[3] Jackson Main, The Anti-Federalists: Critics of the Constitution, 1781-1788 (Chapel Hill, 1961), esp. pp. 11986.
[4] ǰ Ϧ ǣ " "Notes on Ancient and Modern Confederacies" ֮ " Vices of the Political System of the United Statesin The Papers of James Madison (eds. W.T. Hutchinson, et al., Chicago, 1962-91), vol. IX, pp. 3-24; 345-57. Щ Ϊ 塷The Federalist Papers £ 1620ƪ
[5] Ⱥ Ȼ ʹ Τ ˹ ʱ ν Gemeinshaft ( Ⱥ) Gesellschaft ( ) ֮ һ ͬ ǣΤ ˹ ʱ Gemeinshaft ȷ ָ ָ ͳ ͬ ͥ ׯ Τ ν " "patriarchalism " "patrimonialism Ⱥ һ ν" Ⱥ" ָ ʲ ô ʣ ֮ Ⱥ Ҫ ͨ ѧ ȴ ӣ Martha Nussbaum Charles Taylor Ҳ
Τ ͳ Ⱥ ѡ ࡶΤ ѡ ۣ ţ ѧ 磬1996 Ⱥ Christopher Lasch Alasdair MacIntyre, Michael Sandel ⣬ Ӧ Amy Gutmann, "Communitarian Critics of Liberalism," Philosophy and Public Affairs, 14 (Summer 1985), 308-22.; ΣThe Communitarian Challenge to Liberalism, ed by E.F. Paul, F.D. Miller, and J. Paul (Cambridge University Press, 1996). Ⱥ ֮ һ Ϊ Stephen Holmes, The Anatomy of Antiliberalism (Harvard university Press, 1993)
[6] ѧ ν" Ů " Ϊ Ϸ ҲŮ ͳ Ϊ Ҫ չ ֮ һ Ϊ ȷ ʵ Ԥ ˽ ֮ Ұ ȡ Χ ˹ ۡ ֮ һ ˹ ν" ԭ "the parties in the original position " " " " heads of families һ " ʽ " ԭ ͥ ͥ ڣthe justice of and in the family ν Ϊ ԭ ͥ ڣ ʵ Ȩ ң ˽ 򣩣 Ϊ Ϊ ԭ ά ˵ ԭ ң ͥ Ů ƽ ԭ ƽ 壬 ˹ 塷 һ ѣ ʵ ì ܣ һ ȷ "" ֮ ⣬ һ ˵ ԭ Ӧ ҡ ʵ ˹ ͼ ⣬ " ͬ " ѧ ʵ Ӧ ͼ ˹ ʼ ֱ Τ Ⱥ ۣ ע ϣ " " ȥ ȡ ΣJohn Rawls, Political Liberalism (New York: Columbia University Press, 1993), p. xxix p. 137. John Exdell , "Feminism, Fundamentalism and Liberala Legitimacy," Canadian Journal of Philosophy, 24 (1994) ΣRawls, A Theory of Justice (Cambridge, Mass.: Harvard University Press, 1971), esp. pp. 462-72; Deborah Keans, "A Theory of Justice and Love - Rawls on the Family," Politics 18 (1983); S.M. Okin, Justice, Gender, and Family (New York: Basic Books, 1989) D.L. Rhode, Justice and Gender (Cambridge, Mass.:harvard University Press, 1989) ȡ
[7] һ ν" "repesentation ⡣ ԣ ѡ Ȩ Ӧ ƽ " " 壬 ʵ У ƽ ģ 塢 Ů Ҳ Ϊ ˣ ѡ Ӣ ʩ ν" " ̬ ȣ ŷ ½ " " ָ һ ͬ ʱ ν " "governability ⡣
[8] ˹ ڡ ۡ ͻ ǿ " " " "association Ҳ " Ⱥ" community Political Liberalism, esp. pp. 40-43; 137146; 201ff.
[9] ۡ
[10] ⡢ ֣ ꣬ 룭 ϵ ţ ѧ 磬1995 p. 142.
[11] Ϊ Ȩ ֱ ѡ ʵ Ҫ ʡ ֱ ѡ һ Ϊ ֻ ʵ ʡ ֱ ѡ Ȼ ʵ ֱ ѡ
[12]Tocqueville, Democracy in America (trans. Lawrence. Anchor Books, 1969)p. 88. ν " Ȩ"centralization of government " Ȩ"administrative centralization ֻ һ ǰ չ " Ȩ" Զ Զ ʷ ȡ ǣ " Ȩ" " Ȩ" Ϊǰ ᡣ
[13] ⡢ ֣ ꣬ 룭 ϵ ţ ѧ 磬1995
[14]"Notes on Ancient and Modern Confederacies," in The Papers of James Madison (eds. W.T. Hutchinson, et al., Chicago, 1962-91), vol. IX, pp. 3-24.
[15] ¼ ͬ ϣpp. 345-57.
[16] ͳ һ ˼ Խ
"ȫ " national politics ˼ չ ̣ Jack N. Rakove, The Beginnings of National Politics: An Interpretive History of the Continental Congress (New York, 1979), esp. pp. 275-399
[17] R.H. Brown һ Redeeming the Republic: Federalists, Taxation, and the Origings of the Constitution (Baltimore, 1993)
[18] Σ E.J.Ferguson, The Power of the Purse: A History of American Public Finance, 1776-1790 (Chapel Hill, 1961) esp. 78-110
[19] ƣ R.B. Morris, The Forging of the Union, 1781-1789 (New York, 1987), esp. pp. 130-161; C.D. Matson and P.S. Onuf, A Uinon of Interests: Political and Economic Thought in Revolutionary America (Lawrence,
1990), pp. 67-100.
[20] ʷ Onuf ǿ һ ˼ λ , The Origins of the Federal Republic: Jurisdictional Controversies in the United States, 1775-1787 (Philadelphia: Univ of Penn Press, 1983); and Peter and Nicholas Onufs, Federal Union, Modern World: The Law of Nations in an Age of Revolution,1776-1814 (Madison, 1993).
[21] ʱ Σ Ҫ ϵ F.W.Marks,III, Independence on Trial: Foreign Affairs and the Making of the Constitution (Baton Rouge, 1973), esp. pp. 3-95
[22]H.J. Henderson, Party Politics in the Continental Congress (New York, 1974), pp. 387-99. Drew McCoy һ ۣ Richard Beeman et al., eds., Beyond Confederation: Origins of the Constitution and American National Identity (Chapel Hill 1987)pp. 226-58.
[23]The Federalist Papers (ed. Issac Kramnick. Penguin Books, 1987), pp.13334.
[24]R. A. Rutland, The Ordeal of the Constitution: The Antifederalists and the Ratification Struggle of 1787-1788 (Norman, 1986)
[25] ͨ ν ʮ " "states 죬 ׼ ֮ ǰ ֮ ǰ ̸ ݣ Ϊ û һ "" ȫ ִ Χ һ չ ս ʱ ʮ "" states ν "" Ӧ ά ֮ ʮ Ȩ ңsovereign states " " Confederation, ʽ Ӧ "" Ȩ Ϊ һ һ ͳ һ Ȩ ң ν" " š "states" Ǩ T. Ball and J.G.A. Pocock, eds., Conceptual Change and the Constitution (University Press of Kansas, 1988).
[26] Jackson Main, The Anti-Federalists: Critics of the Constitution, 1781-1788 (Chapel Hill, 1961), esp. pp. 119248.
[27] ҳ The Federalist Papers (ed. Issac Kramnick. Penguin Books, 1987)
[28] " ׼ " ԣ " ׼ " ͬ Rakove, Original Meanings, ch. 5; ǰ ׼ Willi Paul Adams, The First American Constitutions: Republican Idology and the Making of the State Constitutions in the Revolutionary Era (trans. Kimbers, Chapel Hill, 1980), pp. 63-98
[29] Edmund S. Morgan, Inventing the People: The Rise of Popular Sovereignty in England and America (New York, 1988 Gordon Wood, Creation of the American Republic (Chapel Hill, 1969), esp. pp. 524-36
[30]The Federalist Papersp. 297.
[31] Richard Beeman et al., eds., Beyond Confederation: Origins of the Constitution and American National Identity (Chapel Hill 1987).
[32] H. Hyman, A more Perfect Union (1973); R. Jeffreys-Jones and B. Collins eds. The Growth of Federal Power in American History (1983)
[33]The Federalist Papers (ed. Issac Kramnick. Penguin Books, 1987), p. 322.
[34]Robert Dahl, Democracy and Its Critics (Yale University Press, 1989), ch.15. Democracy and Size.
[35] Jack N. Rakove, The Beginnings of National Politics
[36] J.G.A. Pocock Ӱ The Machiavellian Moment: Florentine Political Thought and the Atlantic Republican Tradition (Princeton, 1975) 顣
[37] һ ѧ Harvey Mansfield Taming the Prince (The Johns Hopkins University Press, 1989), esp. chs.2-3.
[38] Weber, "Suffrage and Democracy in Germany," in his Political Writings(Cambridge 1994).
[39] ¡
[40] " " Rein Taagepera, "The Size of National Assemblies," Social Science Research, 1 (1972), 385-401 Taagepera and Shugart, Seats and Votes: The Effects and Determinations of Electoral Systems (Yale University Press, 1989),173-83.
[41] " Ȩ" Dicey ΣA. V. Dicey, Intreoduction to the Study of the Law of the Constitution (Indianapolis: Liberty Classics, 1982; 1914 棩 һ ֡
[42] Ϊ ν" " ⣬ ֱ ʮ ݣ һ Щ ݣ Ϊ ν"һ " Ȼ ȴ һ һ һ ϵ ⡣ һ Ϊ 1949 V. O. Key , Southern Politics in State and NationYew York: Knopf 1952 Alexander Heard , A Two-Party South? University of North Carolina Press Key һ American State Politics New York: Knopf 1956. 1870 1950 ʮ Ӱ Ϊ J.A. Schlesinger, "A Two-Dimensional Scheme for Classifying States According to Degree of Inter-Party Competition" APSR, Dec 1955 Ϊ ȫ ֻ ݡ һ Ӱ 19141952 䣬 22 Ϊ"һ " "׼ һ ݣmodified one-party states A. Ranney and W. Kendall, "American Party System," APSR June 1964˳ ָ ѡ E.C. Ladd, Jr and C.D. Hadley, Transformations of the American Party Syetem: Political Coalitions from the New Deal to the 1970s (New York: Norton, 1978) esp. pp. 31-87, Nicol Rae λ ʷ , Southern Democrats (New York: Oxford University Press, 1994).
[43]Giovanni Sartori, Parties and Party Systems (Cambridge: Cambridge University Press 1976).
[44] ִ Ϊ ν" "limited pluralism), " "relevant parties ڣ һ ' " ϣ " "extreme pluralism Sartori pp. 131185
[45] Ϊ Ӣ ӡ ǣ һ ѧ R. Dahl 硣 ԣ ӡ ƣ ֻ Ӣ ¡
[46] A. Lijphart Democracies: Patterns of Majoritian and Consensus Gevernment in Tweenty-One Countries (New Haven: Yale University Press,1984)esp. pp23 ν" ʶ ģ ʽ"the consensus model of democracy Τ ˹ ˹ ģ ʽ Lijphart Ϊ "Э ʽ "consociational democray " ʶ " "Э ʽ " Lijphart, The Politics of Accommodation: Pluralism and Democracy in the Netherlands (Berkelely: University of California press, 1968), Electoral Systems and Party Systems: A Study of Tweenty- Seven Democracies, 1945-1990 (Oxford University Press 1994).
[47] ŷ ת д Giovanni Sartori Comparative Constitutional Engineering (New York: New York University Press, 1994) M.J. Crozier, S.P. Huntington, and J. Watanuki, The Crisis of Democracy: Report on the Governability of Democracies to the Trilateral Commission New York University Press, 1975
[48] ŷ ۣ ţ ѧ 磩
[49] ѧ δ ν" " " " ͳ Ϊ dominant party ν"һ "one-party democracy ԡ Maurice Duverger ɡ һ ˵" һ ij Ӧ " Political Parties: Their Organization and Activity in the Modern State (Norths trans., London: Methuen, 1954), p. 278. ָ dominant party " " " " ǰ ѡ ƣ ѡ ơ
[50] ǰ " Ȩ" ʮ Ȼ Ȩ ȷ Ҫ Ϊ ܡ
[51]Texas v White, 74 US 700 (1869).
[52]Cass Sunstein, "Constitutionalism and Secession," 58 U Chi L Rev 633 (1991). A. R. Amar, "Of Sovereignty and Federalism," 96 Yale L J 1425 (1987), esp. 1455-62 һ һ Ͷ Ʊ ԣ ֻ ȫ
[53] ֥ӸѧѧԺŷ ķ ˹ ŷ æ æ ܣ Stephen Holmes"Back to the Drawing BoardAn Argument for Constitutional Postponement in Eastern Europe"