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Shamanistic Incantations? Rawls, Reasonableness and Secular Fundamentalism 萨满咒语吗?罗尔斯:理性与世俗原教旨主义
Pub Date : 2007-04-01 DOI: 10.3366/PER.2007.3.1.109
S. Wijze
Abstract The paper examines a specific charge against Rawls's political liberalism, namely that the manner in which it uses the notion of reasonableness renders it a form of secular fundamentalism. The paper begins with an examination of what Rawls means by his notion of ‘the reasonable’ and briefly outlines its role in his version of political liberalism. This leads to a discussion of the different meanings of ‘secular fundamentalism’ and how it is specifically used in its criticism of Rawls's ‘justice as fairness’. The essay then offers two arguments to show that the charge of secular fundamentalism cannot be sustained due to a deep misunderstanding of the derivation and use of the notion of reasonableness as well as the context, scope, and aims of Rawls's political liberalism in particular and the project of political liberalisms more generally.
摘要本文考察了对罗尔斯政治自由主义的一项具体指控,即其使用合理性概念的方式使其成为世俗原教旨主义的一种形式。本文首先考察罗尔斯的“理性”概念的含义,并简要概述其在他的政治自由主义版本中的作用。这导致了对“世俗原教旨主义”的不同含义的讨论,以及如何在批评罗尔斯的“正义即公平”时特别使用它。这篇文章随后提出了两个论点,表明世俗原教旨主义的指控不能持续下去,因为人们对合理性概念的推导和使用,以及罗尔斯的政治自由主义的背景、范围和目标,特别是政治自由主义的项目,都有深刻的误解。
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引用次数: 1
I. Kant's Moral Philosophy: Judges in Our Own Case: Kantian Legislation and Responsibility Attribution 一、康德的道德哲学:我们自己案件中的法官:康德的立法与责任归因
Pub Date : 2007-04-01 DOI: 10.1177/1743453x0700300103
Garrath Williams
This paper looks at the attribution of moral responsibility in the light of Kant's claim that the maxims of our actions should be universalizable. Assuming that it is often difficult for us to judge which actions satisfy this test, it suggests one way of translating Kantian morality into practice. Suppose that it is possible to read each action, via its maxim, as a communication addressed to the world: as an attempt to set the terms on which we should interact with one another. The paper suggests that respect for the actor requires us to take this communication seriously. When we suppose that an action is wrong, we then have a powerful reason to dispute its message: to hold the actor responsible for her deed. Although we are often unreliable judges ‘in our own case’, our mutual attributions of responsibility show us judging together, what the moral law should mean in practice.
本文从康德的行为准则具有普适性的观点出发,探讨道德责任的归因问题。假设我们通常很难判断哪些行为符合这一标准,它提出了一种将康德道德转化为实践的方法。假设我们可以把每一个行动,通过它的准则,解读为一种对世界的交流:一种为我们彼此互动设定条件的尝试。这篇论文表明,对演员的尊重要求我们认真对待这种交流。当我们假设一个行为是错误的,我们就有一个强有力的理由来质疑它的信息:让行为人对自己的行为负责。尽管“在我们自己的情况下”我们常常是不可靠的法官,但我们对责任的相互归因表明我们在一起判断道德律在实践中应该意味着什么。
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引用次数: 0
Kantian Cosmopolitan Right 康德的世界主义权利
Pub Date : 2007-04-01 DOI: 10.3366/PER.2007.3.1.57
H. Williams
Abstract This paper provides an outline of Kant's ideas on international right showing how they derive from his general view of law and showing how they relate to his cosmopolitan ideal of hospitality, his views on colonialism and the vexed issue of intervention in the internal politics of other states. It can be shown – based on his ideal of hospitality and good state practice – that Kant is reluctant to recommend intervention by advanced states (and any putative international community) in the affairs of other states and societies even where those societies have not attained a settled, civil status. This is not to imply that we should be indifferent to the situation of other peoples, but rather that we should encourage them to find their own way to a more advanced condition. We can best encourage them by setting and abiding by rigorous standards of law both domestically and internationally that create the possibility of a wholly legally regulated international system.War should be regarded as neither a ...
摘要本文概述了康德关于国际权利的思想,说明了这些思想是如何从他的一般法律观中衍生出来的,并说明了这些思想是如何与他的好客的世界主义理想、他对殖民主义的看法以及干涉他国内政的棘手问题联系起来的。基于他的好客和良好国家实践的理想,我们可以看到,康德不愿意建议发达国家(以及任何假定的国际社会)干预其他国家和社会的事务,即使这些国家和社会尚未获得稳定的公民地位。这并不是说我们应该对其他民族的处境漠不关心,而是说我们应该鼓励他们自己找到通往更先进的条件的道路。我们最好的办法是在国内和国际上制定和遵守严格的法律标准,从而创造一种完全受法律管制的国际制度的可能性。战争既不应被视为……
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引用次数: 6
Kantian Metaphysics and the Normative Force of Practical Principles 康德形而上学与实践原则的规范力量
Pub Date : 2007-04-01 DOI: 10.1177/1743453X0700300105
S. Baiasu
The aim of this paper is threefold. First, I critically examine two dominant Kantian views of practical justification and argue that they cannot provide an appropriate account of the normative force of moral and political principles. Secondly, as the main reason for these unsuccessful attempts, I identify a certain (by now standard) interpretation of Kant's account of practical judgement. Finally, I point to some of the differences between this interpretation and Kant's own claims on practical judgement, in order to suggest an alternative approach; I also note the tension between slogans, like ‘political, not metaphysical” or ‘we must stay philosophically on the surface’, on the one hand, and, on the other, the appeal this alternative approach must make to some elements of Kant's metaphysics.
本文的目的有三个方面。首先,我批判性地考察了康德关于实践辩护的两种主流观点,并认为它们不能为道德和政治原则的规范性力量提供适当的解释。其次,作为这些不成功尝试的主要原因,我确定了对康德关于实践判断的解释的某种(现在的标准)解释。最后,我指出这种解释与康德自己关于实践判断的主张之间的一些差异,以便提出另一种方法;我还注意到口号之间的紧张关系,比如“政治的,而不是形而上学的”或“我们必须停留在哲学的表面上”,一方面,另一方面,这种替代方法必须对康德形而上学的某些元素产生吸引力。
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引用次数: 1
The Principle of Right: Practical Reason and Justification in Kant's Ethical and Political Philosophy 权利原则:康德伦理政治哲学中的实践理性与正当性
Pub Date : 2007-04-01 DOI: 10.1177/1743453X0700300104
Alison Hills
The principle of right is Kant's main formulation of the rules of politics, and it has obvious affinities with the moral law. Do we have moral reasons to obey the principle? I argue that we may have moral reasons to obey the principle ourselves, but not coercively to enforce it. Do we have prudential reasons to obey the principle? I argue that we do not have reasons based on happiness, but that we may have prudential reasons of a wholly different, but distinctively Kantian kind. These may be reasons both to obey the principle ourselves and to enforce it.
权利原则是康德对政治规则的主要表述,它与道德法则有着明显的亲缘关系。我们有道德上的理由去遵守这个原则吗?我认为,我们自己可能有道德上的理由来遵守这一原则,但不能强制执行它。我们是否有审慎的理由来遵守这一原则?我认为,我们没有以幸福为基础的理由,我们可能有一种完全不同的、但具有康德式特色的审慎的理由。这些可能是我们自己遵守和执行这一原则的原因。
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引用次数: 0
Rawls' Idea of Public Reason and Democratic Legitimacy 罗尔斯的公共理性观与民主合法性
Pub Date : 2007-04-01 DOI: 10.1177/1743453X0700300110
F. Peter
Critics and defenders of Rawls' idea of public reason have tended to neglect the relationship between this idea and his conception of democratic legitimacy. I shall argue that Rawls' idea of public reason can be interpreted in two different ways, and that the two interpretations support two different conceptions of legitimacy. What I call the substantive interpretation of Rawls' idea of public reason demands that it applies not just to the process of democratic decision-making, but that it extends to the substantive justification of democratic decisions. I shall argue against this interpretation and suggest a procedural interpretation instead. On this view, public reason is invoked when it comes to the political justification of the principles that should govern the process of democratic decision-making, but not — at least not directly — in relation to the content of public deliberation.
罗尔斯公共理性理念的批评者和辩护者往往忽视了这一理念与他的民主合法性概念之间的关系。我将论证罗尔斯的公共理性观念可以用两种不同的方式来解释,这两种解释支持两种不同的合法性概念。我所说的对罗尔斯公共理性概念的实质解释要求它不仅适用于民主决策的过程,而且延伸到民主决策的实质正当性。我将反对这种解释,并建议采用程序解释。根据这一观点,当涉及到应该支配民主决策过程的原则的政治正当性时,就会援引公共理性,但在涉及到公共审议的内容时,就不会援引公共理性,至少不会直接援引公共理性。
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引用次数: 0
Colonialism and Hospitality 殖民主义和热情好客
Pub Date : 2007-04-01 DOI: 10.1177/1743453X0700300108
P. Niesen
For Kant, the contents of cosmopolitan law are to be ‘limited’ to non-citizens' subjective rights to hospitality. Although hospitality yields universal and far-reaching communicative rights, its limits may seem overly restrictive at first. I argue that this narrow focus is intended to fend off justifications for colonial occupation that could otherwise draw support from Kant's own doctrine of private law. Kantian hospitality is further limited in that it does not cover all forms of communicative exchange. As can be shown from his endorsement of China's and Japan's protectionist policies, Kant is not averse to limiting cosmopolitan citizens' commercial speech. In conclusion, I discuss rivalling interpretations of Kant's justification of hospitality. I argue that this justification cannot rest exclusively on the innate human right to freedom, but must draw on facts about the world as well.
对于康德来说,世界主义法的内容应该“限制”于非公民对款待的主观权利。虽然好客产生了普遍和深远的交流权利,但它的限制起初似乎过于严格。我认为,这种狭隘的关注是为了抵制殖民占领的正当性,否则,这些正当性可能会从康德自己的私法学说中得到支持。康德的待客之道还受到进一步的限制,因为它没有涵盖所有形式的交际交流。从康德对中国和日本保护主义政策的支持可以看出,他并不反对限制世界公民的商业言论。最后,我将讨论对康德为好客辩护的不同解释。我认为,这一理由不能完全建立在人类与生俱来的自由权利之上,而必须也利用有关世界的事实。
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引用次数: 37
Judges in our own case:Kantian legislation and responsibility attribution 法官在我们自己的案例中:康德的立法和责任归因
Pub Date : 2007-04-01 DOI: 10.3366/PER.2007.3.1.8
Garrath Williams
This paper looks at the attribution of moral responsibility in the light of Kant's claim that the maxims of our actions should be universalizable. Assuming that it is often difficult for us to judge which actions satisfy this test, it suggests one way of translating Kantian morality into practice. Suppose that it is possible to read each action, via its maxim, as a communication addressed to the world: as an attempt to set the terms on which we should interact with one another. The paper suggests that respect for the actor requires us to take this communication seriously. When we suppose that an action is wrong, we then have a powerful reason to dispute its message: to hold the actor responsible for her deed. Although we are often unreliable judges ‘in our own case’, our mutual attributions of responsibility show us judging together, what the moral law should mean in practice.
本文从康德的行为准则具有普适性的观点出发,探讨道德责任的归因问题。假设我们通常很难判断哪些行为符合这一标准,它提出了一种将康德道德转化为实践的方法。假设我们可以把每一个行动,通过它的准则,解读为一种对世界的交流:一种为我们彼此互动设定条件的尝试。这篇论文表明,对演员的尊重要求我们认真对待这种交流。当我们假设一个行为是错误的,我们就有一个强有力的理由来质疑它的信息:让行为人对自己的行为负责。尽管“在我们自己的情况下”我们常常是不可靠的法官,但我们对责任的相互归因表明我们在一起判断道德律在实践中应该意味着什么。
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引用次数: 1
Rawls' Idea of Public Reason and Democratic Legitimacy: 罗尔斯的公共理性观与民主合法性
Pub Date : 2007-04-01 DOI: 10.3366/PER.2007.3.1.129
F. Peter
Abstract Critics and defenders of Rawls' idea of public reason have tended to neglect the relationship between this idea and his conception of democratic legitimacy. I shall argue that Rawls' idea of public reason can be interpreted in two different ways, and that the two interpretations support two different conceptions of legitimacy. What I call the substantive interpretation of Rawls' idea of public reason demands that it applies not just to the process of democratic decision-making, but that it extends to the substantive justification of democratic decisions. I shall argue against this interpretation and suggest a procedural interpretation instead. On this view, public reason is invoked when it comes to the political justification of the principles that should govern the process of democratic decision-making, but not – at least not directly – in relation to the content of public deliberation.
罗尔斯公共理性思想的批评者和辩护者往往忽视了这一思想与他的民主合法性概念之间的关系。我将论证罗尔斯的公共理性观念可以用两种不同的方式来解释,这两种解释支持两种不同的合法性概念。我所说的对罗尔斯公共理性概念的实质解释要求它不仅适用于民主决策的过程,而且延伸到民主决策的实质正当性。我将反对这种解释,并建议采用程序解释。根据这一观点,当涉及到应该支配民主决策过程的原则的政治正当性时,就会援引公共理性,但在涉及到公共审议的内容时,就不会援引公共理性,至少不会直接援引公共理性。
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引用次数: 12
Green Statehood and Environmental Crisis 绿色州与环境危机
Pub Date : 2006-10-01 DOI: 10.1177/1743453X0600200202
J. Vogler
The Green State is an important book, not least because it appreciates that the state, in one form or another, is still the focus of loyalties and political authority and that this will continue to be the case within any time frame likely to be relevant to human survival. The specifics are debatable, but if we take seriously predictions on climate change and fresh water scarcity, we are speaking of a period within the span of the current century. The International Energy Agency has calculated that world energy-related CO emissions will rise by 62% between the present and 2030 and at some point in the early 2020s developing country emissions will surpass those of the OECD states (IEA, 2004). Finding a way of restricting total emissions to a level that does not entail dangerous mean temperature increases in excess of 2 C, through the involvement of both developing and developed states, provides the agenda for current international discussion of the post-2012 evolution of the Kyoto Protocol and for the wider consideration of the future of the UN climate regime. Clearly the existing interpretation of ‘common but differentiated responsibilities’between developed and developing states cannot persist and some means will have to be found to direct their growth along a sustainable path. It is difficult to envisage this in terms other than those of inter-governmental cooperation and Eckersley is surely correct in asserting that action by states is essential. With the relatively extended time horizon of political change and the ever-diminishing one of environmental crisis, we simply do not have the luxury of anticipating fundamental institutional change. The state is ‘the only game in town’ and it is therefore vital to investigate the ways in which it might plausibly become greener. At the heart of Eckersley’s work is a sensitivity to the possibilities of such a change and to the accumulating evidence of the reconstruction of the character of at least some of the more developed states in the contemporary global system. It thus proceeds without sliding into the anti-statism and green idealism that has characterized much of the debate in which state authority is, either transformed
《绿色之国》是一本重要的书,尤其是因为它认识到,国家,无论以何种形式,仍然是忠诚和政治权威的焦点,而且在任何可能与人类生存相关的时间框架内,这种情况将继续存在。具体的细节是有争议的,但是如果我们认真对待气候变化和淡水短缺的预测,我们所说的是本世纪跨度内的一个时期。根据国际能源署的计算,从现在到2030年,世界能源相关的二氧化碳排放量将增加62%,在本世纪20年代初的某个时候,发展中国家的排放量将超过经合组织国家(IEA, 2004年)。通过发展中国家和发达国家的共同参与,找到一种将总排放量限制在不导致平均气温上升超过2摄氏度的危险水平上的方法,为当前有关《京都议定书》2012年后演变的国际讨论提供了议程,并为更广泛地考虑联合国气候机制的未来提供了议程。显然,发达国家和发展中国家之间“共同但有区别的责任”的现有解释不能持续下去,必须找到一些方法,将它们的增长引导到可持续的道路上。除了政府间合作之外,很难想象这一点。埃克斯利断言,国家的行动至关重要,这一点当然是正确的。由于政治变革的时间跨度相对较长,而环境危机的时间跨度却越来越小,我们根本没有时间去预测根本的制度变革。该州是“镇上唯一的游戏”,因此,研究它可能变得更环保的方式至关重要。埃克斯利工作的核心是对这种变化的可能性的敏感性,以及对至少一些当代全球体系中较发达国家特征重建的积累证据的敏感性。这样一来,它就不会滑向反国家主义和绿色理想主义,而这两种理想主义已经成为许多辩论的特征,在这些辩论中,国家权力要么被转变,要么被转变
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引用次数: 1
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Politics and Ethics Review
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