The Study of the being of hyper-individual legal interests on the basis of The Social Contract Theory

• Main Authors: Chia-Ming Hsu, 徐嘉明
• Other Authors: Sheng-Chieh Lee
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/80582605463298739857

碩士 === 中原大學 === 財經法律研究所 === 95 === 英文摘要 What is the basis of the concept of ‘’legal interests’’? That’s a controversial question which has lasted for almost two centuries. Recently, The Scoail Contract Theory might be able to explain and solve the controversial question above. This thesis is on the basis of so-called The Social Contract Theory, then figure out the concept of the ‘’legal interests’’, especially the concept and the barrier of the ‘’hyper-individual legal interests.’’ The classic Social Contract Theory, which is based on the foundation of Hobbes, Locke and Rousseau, has confirmed its connotation. On the contrary, The modern Social Contract Theory has corrected the defects and extended the adventages of the classic Social Contract Theory on the basis of the thoughts of Kant and Rawls, which means the Social Contract Theory is not a anachronistic theory to solve the so-called ‘’modern or post-modern’’ social problems. The basis of the theory of legal interests might be as well inspired by The Social Contract Thoery, including the classic and the modern ones. Although The Social Contract Theory might not be the only approach to explain the basis of the legal interests theory and to tell the difference from the individual and the hyper-individual legal interests, but it might be the most convincing one as well. This is the conclusion of this thesis.