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The right to a fair exit 公平退出的权利
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2023-02-16 DOI: 10.1177/1470594X231156939
Élise Rouméas
This paper introduces a novel account of freedom of dissociation, construed as the “right to a fair exit.” It defines freedom of dissociation as the right to end an association without excessive and undue costs. This novel account contrasts with the classic right of exit that some liberal philosophers have theorized as the bedrock of associational freedom. The original right of exit is first and foremost concerned with the protection against excessive exit costs, while the right to a fair exit broadens its scope to include undue costs as well. State policy should aim at monitoring and resourcing exit not only to ensure that leavers have adequate exit options, but also that the costs of exit are fairly divided between parties. This account illuminates a range of cases, such as divorce, dissolution of employment contracts, and contested exits from religious associations.
本文介绍了一种关于分离自由的新解释,解释为“公平退出的权利”。它将分离自由定义为在不付出过度和不适当代价的情况下结束结社的权利。这一新颖的描述与一些自由主义哲学家理论化的结社自由的基石——经典的退出权形成了鲜明对比。最初的退出权首先关注的是对过度退出成本的保护,而公平退出权则将其范围扩大到过度退出成本。国家政策的目标应是监测退出并为退出提供资源,不仅要确保退出者有充分的退出选择,而且要确保退出的成本在各方之间公平分摊。这篇文章阐明了一系列的案例,如离婚、解除雇佣合同和有争议地退出宗教协会。
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引用次数: 0
Fixed points and well-ordered societies 定点和秩序良好的社会
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2023-02-07 DOI: 10.1177/1470594X231153983
Paul Weithman
Recent years have seen a certain impatience with John Rawls's approach to political philosophy and calls for the discipline to move beyond it. One source of dissatisfaction is Rawls's idea of a well-ordered society. In a recent article, Alex Schaefer has tried to give further impetus to this movement away from Rawlsian theorizing by pursuing a question about well-ordered societies that he thinks other critics have not thought to ask. He poses that question in the title of his article: “Is Justice a Fixed Point?.” Though Schaefer is critical of Rawlsian political theorizing, I shall contend that his arguments also suggest two paths forward for those who would follow the Rawlsian approach. First, the intellectual devices Schaefer deploys help those who would continue the Rawlsian project to see, and precisely to chart, the next step that that project needs to take—a step necessitated by a concession Rawls himself made late in the development of political liberalism. Second, the clarity and economy with which Schaefer lays out his alternative to the Rawlsian approach make it possible to state some fundamental Rawlsian challenges to a form of theorizing that has considerable appeal to many critics of that approach.
近年来,人们对约翰·罗尔斯的政治哲学方法感到不耐烦,并呼吁这门学科超越它。不满的一个来源是罗尔斯关于有序社会的观点。在最近的一篇文章中,亚历克斯·谢弗(Alex Schaefer)试图进一步推动这一远离罗尔斯理论的运动,他提出了一个关于有序社会的问题,他认为其他批评者没有想到要问这个问题。他在文章的标题中提出了这个问题:“正义是一个固定点吗?”虽然谢弗对罗尔斯的政治理论化持批评态度,但我认为他的论点也为那些遵循罗尔斯方法的人提出了两条前进的道路。首先,舍费尔运用的知识手段帮助那些想要继续罗尔斯计划的人看到,并准确地描绘出该计划需要采取的下一步行动,这一步是罗尔斯本人在政治自由主义发展后期做出的让步所必需的。其次,舍费尔在阐述他对罗尔斯方法的替代方案时,既清晰又简洁,这使得他有可能陈述罗尔斯对一种理论形式的一些基本挑战,这种理论形式对许多批评罗尔斯方法的人有相当大的吸引力。
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引用次数: 0
Good work: The importance of caring about making a social contribution 好工作:关心社会贡献的重要性
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2023-01-18 DOI: 10.1177/1470594X221148204
Jens Jørund Tyssedal
How can work be a genuine good in life? I argue that this requires overcoming a problem akin to that studied by Marx scholars as the problem of work, freedom and necessity: how can work be something we genuinely want to do, given that its content is not up to us, but is determined by necessity? I argue that the answer involves valuing contributing to the good of others, typically as valuing active pro-sociality – that is, valuing actively doing something good for others. This makes work better in one way, and may even make work something we are genuinely glad to have in our lives. Contemporary philosophical thinking about good work tends to focus on how work can be good for the person doing it, by providing, for example, self-realization or social relationships, while underappreciating the special importance of valuing social contribution. People will typically only really want work if they want a part of their lives to be about the good of others. This also means that work may be a part of the best life, something we should take into account when discussing work-related policies and the desirability of a ‘post-work’ future.
工作怎么能成为生活中真正的美好呢?我认为,这需要克服一个类似于马克思学者研究的工作、自由和必要性问题的问题:既然工作的内容不是由我们决定的,而是由必要性决定的,那么工作如何能成为我们真正想做的事情?我认为,答案包括重视为他人的利益做出贡献,通常是重视积极的亲社会性——也就是说,重视积极地为他人做好事。这在某种程度上使工作变得更好,甚至可能使工作成为我们生活中真正高兴的事情。当代关于好工作的哲学思考倾向于关注工作如何对工作的人有好处,比如通过提供自我实现或社会关系,而低估了重视社会贡献的特殊重要性。只有当人们希望自己生活的一部分是为了他人的利益时,他们才会真正想要工作。这也意味着工作可能是最好生活的一部分,在讨论与工作相关的政策和“工作后”未来的可取性时,我们应该考虑到这一点。
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引用次数: 0
Should health research funding be proportional to the burden of disease? 卫生研究经费是否应与疾病负担成比例?
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2022-11-24 DOI: 10.1177/1470594X221138729
J. Millum
Public funders of health research have been widely criticized on the grounds that their allocations of funding for disease-specific research do not reflect the relative burdens imposed by different diseases. For example, the US National Institutes of Health spends a much greater fraction of its budget on HIV/AIDS research and a much smaller fraction on migraine research than their relative contribution to the US burden of disease would suggest. Implicit in this criticism is a normative claim: Insofar as the scientific opportunities are equal, each patient merits research into their condition proportional to the burden of disease for which that condition is responsible. This claim—the proportional view—is widely accepted but has never been fully specified or defended. In this paper, I explain what is required to specify the view, attempt to do so in the most charitable way, and then critically evaluate its normative underpinnings. I conclude that a severity-weighted proportional view is defensible. I close by drawing out five key lessons of my analysis for health research priority-setting.
卫生研究的公共资助者受到了广泛的批评,理由是他们对特定疾病研究的资金分配没有反映出不同疾病所造成的相对负担。例如,美国国立卫生研究院(National Institutes of Health)在艾滋病毒/艾滋病研究上的预算占比要大得多,在偏头痛研究上的预算占比要小得多,而这两项研究对美国疾病负担的相对贡献则要小得多。这种批评隐含着一种规范的主张:只要科学机会是平等的,每个病人都值得研究他们的病情,与病情所造成的疾病负担成正比。这一观点——比例观点——被广泛接受,但从未被充分说明或辩护过。在本文中,我解释了具体说明观点所需的条件,试图以最宽容的方式这样做,然后批判性地评估其规范基础。我的结论是,严重性加权比例观点是站得住脚的。最后,我从我的分析中总结了卫生研究确定优先事项的五个关键经验教训。
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引用次数: 2
The ethics of asymmetric politics 不对称政治的伦理
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2022-11-07 DOI: 10.1177/1470594X221133445
A. Lovett
Polarization often happens asymmetrically. One political actor radicalizes, and the results reverberate through the political system. This is how the deep divisions in contemporary American politics arose: the Republican Party radicalized. Republican officeholders began to use extreme legislative tactics. Republican voters became animated by contempt for their political rivals and by the defense of their own social superiority. The party as a whole launched a wide-ranging campaign of voter suppression and its members endorsed violence in the face of electoral defeat. This paper is about how such asymmetric polarization affects everyone else’s obligations. My core claim is that two kinds of relationship – civic friendship and non-subordination – underpin critical democratic norms. Republican misbehavior has severed cross-partisan civic friendships. Their authoritarianism forfeits their claim to non-subordination. The former means that non-Republicans need not justify policy on public grounds. The latter undercuts Republicans’ claim to enjoy minority vetoes when out of power and it gives their rivals reason to disobey the laws that Republicans make when they are in power. More generally, when one political actor contravenes the proper norms of democratic politics, their opposition is not bound by those norms.
极化通常是不对称的。一个政治行动者变得激进,其结果就会在整个政治体系中产生反响。这就是当代美国政治中产生深刻分歧的原因:共和党激进化。共和党官员开始使用极端的立法策略。共和党选民因为蔑视他们的政治对手和捍卫自己的社会优越感而变得活跃起来。该党作为一个整体发起了一场广泛的选民压制运动,其成员在面对选举失败时支持暴力。这篇论文是关于这种不对称极化如何影响其他人的义务。我的核心主张是,两种关系——公民友谊和非从属关系——支撑着批判性民主规范。共和党人的不当行为切断了两党公民之间的友谊。他们的威权主义使他们丧失了不服从的权利。前者意味着非共和党人不需要以公共理由为政策辩护。后者削弱了共和党在失去权力时享有少数人否决权的主张,并给了他们的对手不遵守共和党在掌权时制定的法律的理由。更一般地说,当一个政治行动者违反民主政治的适当规范时,他们的反对派不受这些规范的约束。
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引用次数: 1
Feminism without “gender identity” 没有“性别认同”的女权主义
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2022-10-12 DOI: 10.1177/1470594X221130782
Anca Gheaus
Talk of gender identity is at the core of heated current philosophical and political debates. Yet, it is unclear what it means to have one. I examine several ways of understanding this concept in light of core aims of trans writers and activists. Most importantly, the concept should make good trans people's understanding of their own gender identities and help understand why misgendering is a serious harm and why it is permissible to require information about people's gender identities in public life. I conclude that none of the available accounts meets these essential criteria, on the assumption that the gender norms of femininity and masculinity are unjustified. But we can, and should, pursue the feminist project without “gender identity”. Such feminism can include trans people because it is possible to account for the specific harm of misgendering without assuming a claim to the recognition of our gender identities. I conclude that we should eliminate the concept of “gender identity.” To understand the phenomena that are putatively captured by “gender identity,” we are better off employing other concepts, such as “sexual dysphoria,” (assigned or aspirational) “gender roles,” and (internalised or endorsed) “gender norms”. These concepts can usefully replace “gender identity” in an individual evaluation of each of the trans people's claims to inclusion into particular spaces.
关于性别认同的讨论是当前激烈的哲学和政治辩论的核心。然而,目前还不清楚拥有一个国家意味着什么。根据跨性别作家和活动家的核心目标,我研究了几种理解这一概念的方法。最重要的是,这个概念应该让跨性别者更好地理解自己的性别认同,帮助他们理解为什么性别错误是一种严重的伤害,以及为什么在公共生活中要求人们提供性别认同的信息是允许的。我的结论是,在假设女性气质和男性气质的性别规范是不合理的前提下,没有一个可用的描述符合这些基本标准。但我们可以,也应该,在没有“性别认同”的情况下追求女权主义。这样的女权主义可以包括跨性别者,因为它可以在不要求承认我们的性别认同的情况下解释性别错误的具体危害。我的结论是,我们应该消除“性别认同”的概念。为了理解被“性别认同”所假定捕获的现象,我们最好采用其他概念,如“性不安”、(指定的或期望的)“性别角色”和(内化的或认可的)“性别规范”。这些概念可以有效地取代“性别认同”,在对每个跨性别者要求被纳入特定空间的个人评估中。
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引用次数: 2
Here, there, or delaware? How corporate threats distort democracy 这里,那里,还是特拉华州?企业威胁如何扭曲民主
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2022-09-28 DOI: 10.1177/1470594X221125947
Athmeya Jayaram, Vishnu Sridharan
Concern for corporate influence on democratic decisions has mostly focused on campaign funding and access to legislators. While these are certainly worrisome, corporations have another tool to influence decisions, which they are increasingly using. They can threaten to move their operations or cancel expansion plans in a municipality unless its public officials pass (or kill) certain policies. In one sense, this is business as usual. Companies have the right to decide where to operate, and it is important for officials to consider how policy will impact local businesses that provide jobs and tax revenue. On the other hand, companies can use these threats to get their way on any policy, whether or not it impacts them. How do we tell when this kind of corporate action is illegitimate? We argue that such actions are illegitimate when they violate democratic norms of reason-giving, which occurs when companies offer the public “created” rather than “natural” reasons for their proposed policy.
对企业影响民主决策的担忧主要集中在竞选资金和接触立法者的机会上。虽然这些当然令人担忧,但企业还有另一种影响决策的工具,它们越来越多地使用这种工具。他们可以威胁要转移他们的业务或取消在市政当局的扩张计划,除非其公职人员通过(或杀死)某些政策。从某种意义上说,一切照旧。企业有权决定在哪里经营,重要的是官员们要考虑政策将如何影响提供就业和税收的当地企业。另一方面,公司可以利用这些威胁来达到任何政策的目的,不管它是否会影响到他们。我们如何判断这种公司行为是不合法的?我们认为,当这些行为违反民主的给出理由的规范时,它们是非法的,当公司为其拟议的政策向公众提供“创造”而不是“自然”的理由时,就会发生这种情况。
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引用次数: 0
Introduction to symposium on international migration 国际移徙专题讨论会导言
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2022-08-01 DOI: 10.1177/1470594X221111981
T. Christiano, Andrew J. Williams
Between 2000 and 2020 the estimated number of individuals living in countries other than their birth country grew from 150 million to 272 million, or from 2.8% to 3.5% of world population. Partly because of this substantial growth, international migration is now an important area of enquiry for researchers in philosophy, politics, and economics. The Symposium brings together five leading and diverse thinkers from different disciplines to address some familiar and less familiar migration-related issues. They do so in a way that illuminates an issue of pressing public concern as well as some more general theoretical debates in political philosophy. Paul Bou-Habib’s subtly argued paper on ‘The Brain-Drain as Exploitation’ presents a distinctive of account of the wrongs involved in brain drain. Bou-Habib argues that migrants may be free to move, and he does not argue that migrants have duties of compensation to the home state. He argues, instead, that by free-riding on the human capital formation services of home states the states that currently receive skilled migrants from poor home states are making exploitative gains. As a result, receiving states have duties of compensation to migrants’ home states. In their lucid and thought-provoking paper, ‘Only Libertarianism Can Provide a Robust Justification for Open Borders’, Christopher Freiman and Javier Hidalgo turn to explore whether existing border regimes are deeply unjust because individuals possess a human right to engage in international migration. The authors argue that only a rights-based version of libertarianism provides a relatively robust justification for such a right. If so, those of us who are currently committed to the human right to
2000年至2020年期间,生活在出生国以外国家的估计人数从1.5亿增加到2.72亿,或从占世界人口的2.8%增加到3.5%。部分由于这种大幅增长,国际移民现在是哲学、政治和经济学研究人员的一个重要研究领域。研讨会汇集了五位来自不同学科的领先和多样化的思想家,以解决一些熟悉的和不太熟悉的与移民有关的问题。他们这样做的方式阐明了一个紧迫的公众关注的问题,以及政治哲学中一些更一般的理论辩论。保罗·布-哈比卜(Paul bouh - habib)在《作为剥削的人才流失》(The brain drain as Exploitation)一文中提出了一种独特的观点,说明了人才流失所涉及的错误。布-哈比卜认为移民可以自由迁徙,他并不认为移民有义务对母国进行补偿。相反,他认为,目前从贫穷的母国接收技术移民的国家,通过免费搭乘母国的人力资本形成服务,正在获得剥削性收益。因此,接收国有义务对移民原籍国进行补偿。在他们清晰而发人深省的论文《只有自由意志主义才能为开放边境提供有力的理由》中,克里斯托弗·弗里曼和哈维尔·伊达尔戈转而探讨了现有的边境制度是否非常不公正,因为个人拥有参与国际移民的人权。作者认为,只有以权利为基础的自由意志主义才能为这种权利提供相对有力的理由。如果是这样,我们这些目前致力于人权的人
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引用次数: 0
Social constraints on sexual consent 性同意的社会约束
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2022-07-26 DOI: 10.1177/1470594X221114620
T. Dougherty
Sometimes, people consent to sex because they face social constraints. For example, someone may agree to sex because they believe that it would be rude to refuse. I defend a consent-centric analysis of these encounters. This analysis connects constraints from social contexts with constraints imposed by persons e.g. coercion. It results in my endorsing what I call the “Constraint Principle.” According to this principle, someone's consent to a sexual encounter lacks justificatory force if (i) they are consenting because withholding consent has an adverse feature, (ii) they are entitled to withhold consent without it being the case that withholding consent has this adverse feature; and (iii) it is not the case that the consent-giver has sincerely expressed that, out of the options that are available to their sexual partner, they most prefer to go through with the sexual encounter in the circumstances.
有时,人们同意发生性行为是因为他们面临社会约束。例如,有些人可能会同意发生性行为,因为他们认为拒绝是不礼貌的。我支持对这些遭遇进行以同意为中心的分析。这一分析将来自社会背景的约束与个人施加的约束(如强迫)联系起来。这导致我赞同我所谓的“约束原则”。根据这一原则,如果(i)某人同意是因为拒绝同意有不利的特征,(ii)他们有权拒绝同意,而不是拒绝同意有这种不利的特征,某人同意性接触缺乏正当的力量;(三)同意的人并没有真诚地表示,在他们的性伴侣所能得到的选择中,他们最愿意在这种情况下进行性接触。
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引用次数: 0
Seeming incomparability and rational choice 看似无可比拟和理性的选择
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2022-06-03 DOI: 10.1177/1470594X221100568
L. Yan
We sometimes have to choose between options that are seemingly incomparable insofar as they seem to be neither better than, worse than, nor equal to each other. This often happens when the available options are quite different from one another. For instance, consider a choice between prioritizing either criminal justice reform or healthcare reform as a public policy goal. Even after the relevant details of the goals and possible reforms are filled in, it is plausible that neither goal is better than, worse than, nor equal to the other. Such seemingly incomparable options present a problem for rational choice since it is unclear how an agent might rationally choose between them. What we need are some principles to help govern rational choice when faced with seemingly incomparable options. I here present three such principles. While each principle is individually compelling, I show that they are jointly incompatible. I then argue that the correct response to this inconsistent triad is to reject the principle that rationally censures performing a sequence of choices one knows will result in a suboptimal outcome. The upshot is that when seeming incomparability is involved, an agent can money pump themselves without being less rational for it.
我们有时不得不在看似无法比较的选项之间做出选择,因为它们似乎既不比彼此好,也不比彼此差,也不等于彼此。这种情况通常发生在可用选项彼此差别很大的情况下。例如,考虑将刑事司法改革或医疗改革作为公共政策目标的优先选择。即使在目标和可能的改革的相关细节被填写之后,似乎没有一个目标比另一个更好,更差,也不等于另一个目标。这些看似不可比较的选项给理性选择带来了问题,因为不清楚代理人如何在它们之间进行理性选择。我们需要的是一些原则,帮助我们在面对看似无可比拟的选择时进行理性选择。我在这里提出三条这样的原则。虽然每个原则单独都是令人信服的,但我表明它们联合起来是不相容的。然后,我认为,对这种不一致的三重性的正确反应是拒绝理性地谴责人们明知会导致次优结果的一系列选择的原则。结果是,当涉及到表面上的不可比较性时,代理人可以在不减少理性的情况下为自己赚钱。
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引用次数: 0
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