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Justice & its motives: On Peter Vanderschraaf’s Strategic Justice 正义及其动机:论彼得·范德施拉夫的战略正义
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2020-09-24 DOI: 10.1177/1470594X20961540
Paul Weithman
Peter Vanderschraaf’s Strategic Justice is a powerful elaboration and defense of what he calls ‘justice as mutual advantage’. Vanderschraaf opens Strategic Justice by observing that ‘Plato set a template for all future philosophers by raising two interrelated questions: (1) What precisely is justice? (2) Why should one be just?’. He answers that (1) justice consists of conventions which (2) are followed because each sees that doing so is in her interest. These answers depend upon two conditions which Vanderschraaf calls Baseline Consistency and Negative Mutual Expectations. I contend that the plausibility of the first condition depends upon principles which are prior to Vanderchraaf’s conventions of justice and that the second condition does not account for the interest Vanderschraaf must think we take in those principles. I therefore worry that Vanderschraaf does what he accuses other theorists of justice as mutual advantage of doing: going outside the bounds of justice as mutual advantage. To lay the groundwork for his conditions, Vanderschraaf analyzes the circumstances of justice. I argue that, his claims to the contrary notwithstanding, he does not take the circumstances to be the kind of conditions Hume takes them to be, but that he has good reason to do so.
Peter Vanderschraaf的《战略正义》对他所谓的“作为互惠利益的正义”进行了有力的阐述和辩护。范德施拉夫在《战略正义》一开篇就指出:“柏拉图提出了两个相互关联的问题,为所有未来的哲学家树立了一个模板:(1)正义到底是什么?(2)人为什么要公正?他的回答是:(1)正义由惯例组成,(2)人们遵循惯例,因为每个人都认为这样做符合自己的利益。这些答案取决于Vanderschraaf称之为基线一致性和负相互期望的两个条件。我认为,第一个条件的合理性取决于先于Vanderschraaf的正义惯例的原则,而第二个条件并不能解释Vanderschraaf认为我们对这些原则的兴趣。因此,我担心范德施拉夫做了他指责其他正义理论家所做的互惠互利的事情:超越了作为互惠互利的正义的界限。为了给他的处境打好基础,范德施拉夫分析了司法环境。我认为,尽管他的主张与此相反,但他并不认为环境是休谟所认为的那种条件,但他有很好的理由这样做。
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引用次数: 1
The rationality of political experimentation 政治实验的合理性
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2020-09-10 DOI: 10.1177/1470594X20949937
G. Robson
Theorists from John Stuart Mill to Robert Nozick have argued that citizens can gain insight into the demands of justice by experimenting with diverse forms of political life. I consider the rationality of such experimentation, arguing for three distinct but related claims. First, rational citizens will not be highly incentivized to conduct experiments in living. Here I develop an account of what I call the ‘prudential rationality constraint’ (PRC). The PRC implies that rational citizens will be undermotivated from the standpoint of social value to conduct experiments in living. Second, despite the success of various radical political experiments (e.g., democracy after 1648), citizens generally ought to engage in moderate rather than radical political experimentation. The latter will nearly always be prudentially irrational to conduct, hard to learn from, and quite possibly harmful to participants and third parties. Finally, there are important but overlooked ways, including through entrepreneurship, in which institutions can incentivize citizens to engage in socially valuable political experimentation.
从约翰·斯图亚特·密尔到罗伯特·诺齐克的理论家都认为,公民可以通过尝试不同形式的政治生活来洞察正义的需求。我认为这种实验是合理的,并提出了三个不同但相关的主张。首先,理性的公民不会被高度激励去进行生活实验。在这里,我提出了一种我称之为“审慎理性约束”(PRC)的解释。中华人民共和国意味着,从社会价值的角度来看,理性的公民将缺乏进行生活实验的动力。其次,尽管各种激进的政治实验取得了成功(例如1648年后的民主),公民通常应该参与温和的政治实验,而不是激进的政治实验。后者的行为几乎总是谨慎而不理性的,很难从中吸取教训,而且很可能对参与者和第三方有害。最后,还有一些重要但被忽视的方式,包括通过创业,机构可以激励公民参与有社会价值的政治实验。
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引用次数: 3
Undercutting Justice – Why legal representation should not be allocated by the market 削弱正义-为什么法律代理不应由市场分配
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2020-08-28 DOI: 10.1177/1470594X20951886
Shai Agmon
The adversarial legal system is traditionally praised for its normative appeal: it protects individual rights; ensures an equal, impartial, and consistent application of the law; and, most importantly, its competitive structure facilitates the discovery of truth – both in terms of the facts, and in terms of the correct interpretation of the law. At the same time, legal representation is allocated as a commodity, bought and sold in the market: the more one pays, the better legal representation one gets. In this article, I argue that the integration of a market in legal representation with the adversarial system undercuts the very normative justifications on which the system is based. Furthermore, I argue that there are two implicit conditions, which are currently unmet, but are required for the standard justifications to hold: that there is (equal opportunity for) equality of legal representation between parties, and that each party has (equal opportunity for) a sufficient level of legal representation. I, therefore, outline an ideal proposal for reform that would satisfy these conditions.
传统上,对抗性法律制度因其规范性吸引力而受到称赞:它保护个人权利;确保平等、公正和一贯地适用法律;而且,最重要的是,它的竞争结构促进了真理的发现——无论是在事实方面,还是在对法律的正确解释方面。与此同时,法律代理作为一种商品被分配,在市场上买卖:一个人付得越多,他得到的法律代理就越好。在本文中,我认为,法律代理市场与对抗制度的整合削弱了该制度所依据的规范性理由。此外,我认为有两个隐含的条件,它们目前尚未得到满足,但却是标准理由所必需的:当事人之间的法律代表权平等(机会均等),每一方都有足够的法律代表权(机会均等)。因此,我提出一个理想的改革建议,以满足这些条件。
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引用次数: 4
With group power comes great (individual) responsibility 集体力量带来了巨大的(个人)责任
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2020-08-26 DOI: 10.1177/1470594X20982052
Erin L. Miller
When a group does harm, sometimes there’s no obvious individual who bears moral responsibility, and yet we still intuit that someone is to blame. This apparent ‘deficit’ of moral responsibility has led some scholars to posit that groups themselves can be responsible, and that this responsibility is distributed in some uniform fashion among group members. This solution to the deficit, however, risks providing a scapegoat for individuals who have acted wrongly and shifting blame onto those who have not. Instead, this article argues that, in most deficit cases, moral responsibility is borne not by the group but by specific individual members. When an individual acts within a group, she gains an increased potential for doing harm – and, accordingly, heightened duties of care toward others. These duties can, depending on the individual’s position, require amending the group’s rules, procedures, and norms. In most deficit cases, it is individuals who have failed to fulfill these duties who are responsible.
当一个群体造成伤害时,有时没有明显的个人承担道德责任,但我们仍然直觉地认为有人应该受到指责。这种明显的道德责任“缺失”导致一些学者假设群体本身也有责任,并且这种责任在群体成员之间以某种统一的方式分配。然而,这种赤字解决方案有可能为行为不当的个人提供替罪羊,并将责任推给那些行为不当的人。相反,本文认为,在大多数赤字情况下,道德责任不是由集团承担,而是由特定的个人成员承担。当一个人在一个群体中行动时,他就增加了造成伤害的可能性——相应地,他也就加强了对他人的关怀责任。根据个人的立场,这些职责可能需要修改团体的规则、程序和规范。在大多数赤字案例中,没有履行这些职责的个人应该对此负责。
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引用次数: 0
The democratic limits of political experiments 政治实验的民主限度
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2020-08-21 DOI: 10.1177/1470594X20944401
Eric Beerbohm, Ryan W. Davis, Adam Kern
Since field experiments in democratic politics influence citizens and the relationships among citizens, they are freighted with normative significance. Yet the distinctively democratic concerns that bear upon such field experiments have not yet been systematically examined. In this paper, we taxonomize such democratic concerns. Our goal is not to justify any of them, but rather to reveal their basic structure, so that they can be scrutinized at further length. We argue that field experiments could be democratically objectionable even if they are not decisive – even if they do not swing the results of elections or other political decisions. Rather, if a class of campaign experiments is objectionable, one reason for this is that they undermine citizens’ equal standing. The ideal of equal standing affords nuanced judgments about the permissibility of field experiments in democratic politics.
由于民主政治的实地实验影响公民和公民之间的关系,因此它们具有规范意义。然而,与这些实地实验有关的独特的民主问题尚未得到系统的研究。在本文中,我们对这些民主问题进行了分类。我们的目标不是为它们中的任何一个辩护,而是揭示它们的基本结构,以便对它们进行进一步的仔细研究。我们认为,即使实地实验不具有决定性,即使它们不会影响选举或其他政治决定的结果,也可能在民主方面遭到反对。相反,如果一类竞选实验令人反感,其中一个原因是它们破坏了公民的平等地位。平等地位的理想为民主政治中实地实验的可容许性提供了微妙的判断。
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引用次数: 1
The All Affected Principle, and the weighting of votes 所有受影响原则,以及投票的权重
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2020-08-18 DOI: 10.1177/1470594X20949938
Kim Angell, R. Huseby
In this article we defend the view that, on the All Affected Principle of voting rights, the weight of a person’s vote on a decision should be determined by and only by the degree to which that decision affects her interests, independently of her voting weights on other decisions. Further, we consider two recent alternative proposals for how the All Affected Principle should weight votes, and give reasons for rejecting both.
在本文中,我们捍卫的观点是,根据投票权的所有受影响原则,一个人对一项决定的投票权重应取决于且仅取决于该决定对其利益的影响程度,而独立于她对其他决定的投票权重。此外,我们考虑了最近关于“所有受影响原则”应如何加权投票的两项备选建议,并给出拒绝这两项建议的理由。
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引用次数: 3
The value of longevity 长寿的价值
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2020-08-01 DOI: 10.1177/1470594X19880279
G. Bognar
Longevity is valuable. Most of us would agree that it’s bad to die when you could go on living, and death’s badness has to do with the value your life would have if it continued. Most of us would also agree that it’s bad if life expectancy in a country is low, it’s bad if there is high infant mortality and it’s bad if there is a wide mortality gap between different groups in a population. But how can we make such judgments more precise? How should we evaluate the harm of mortality in a population? Although philosophers have written a lot about the harm of death for individuals, very little work has been done on the harm of mortality for populations. In this article, I take the first steps towards developing a theory of the harm of population mortality. Even these first steps, I argue, lead to surprising results.
长寿是有价值的。我们大多数人都会同意,在你还能继续活下去的时候死去是件坏事,而死亡的坏处与你继续活下去所拥有的价值有关。我们大多数人也会同意,如果一个国家的预期寿命低,婴儿死亡率高,不同群体之间的死亡率差距大,这都是不好的。但是我们怎样才能做出更精确的判断呢?我们应该如何评估死亡率对人群的危害?尽管哲学家们写了很多关于死亡对个人的伤害的文章,但关于死亡对群体的伤害的研究却很少。在这篇文章中,我迈出了发展人口死亡率危害理论的第一步。我认为,即使是这些最初的步骤,也会带来令人惊讶的结果。
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引用次数: 1
Inadequate for democracy: How (not) to distribute education 不适合民主:如何(不)分配教育
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2020-06-03 DOI: 10.1177/1470594X20924667
Alexandra Oprea
There is widespread agreement among philosophers and legal scholars that the distribution of educational resources in the US is unjust, but little agreement about why. An increasingly prominent view posits a sufficientarian standard based on the requirements of democratic citizenship. This view, which I refer to as democratic sufficientarianism, argues that inequalities in educational resources or opportunities above the threshold required for democratic citizenship are morally unobjectionable if and only if all children are provided with an education sufficient to meet those demands. In the article, I argue that democratic sufficientarianism faces a democratic education dilemma. Either the philosopher specifies a precise and demanding threshold with antidemocratic implications, or she insists upon democratic equality irrespective of educational achievements, thereby undercutting the search for anything but a minimal educational threshold. As an alternative, I defend a new sufficientarian standard that is reflexive, education-specific, and democracy-compatible. This reflexive sufficientarian standard can act as a guide to democratic deliberation about education policy. The article also sketches possibilities for litigation on behalf of children who have received insufficient primary education.
哲学家和法律学者普遍认为,美国教育资源的分配是不公平的,但对原因却鲜有共识。一种日益突出的观点提出了一种基于民主公民权要求的充分主义标准。这种观点,我称之为民主充分主义,认为教育资源或机会的不平等超过民主公民所要求的门槛,当且仅当所有儿童都得到足以满足这些要求的教育时,在道德上是无可非议的。本文认为,民主充分主义面临着民主教育的困境。这位哲学家要么指定了一个带有反民主含义的精确而苛刻的门槛,要么坚持民主平等,而不考虑教育成就,从而削弱了对最低教育门槛以外任何东西的追求。作为另一种选择,我捍卫一种新的充分主义标准,这种标准是反身性的、针对教育的、与民主相容的。这种反思性的充分主义标准可以作为民主审议教育政策的指南。文章还概述了代表未接受充分初等教育的儿童提起诉讼的可能性。
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引用次数: 0
Systemic domination, social institutions and the coalition problem 系统支配、社会制度和联盟问题
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2020-06-02 DOI: 10.1177/1470594X20927927
Hallvard Sandven
This article argues for a systemic conception of freedom as non-domination. It does so by engaging with the debate on the so-called coalition problem. The coalition problem arises because non-domination holds that groups can be agents of (dominating) power, while also insisting that freedom be robust. Consequently, it seems to entail that everyone is in a constant state of domination at the hands of potential groups. However, the problem can be dissolved by rejecting a ‘strict possibility’ standard for interpreting non-domination’s robustness requirement. Frank Lovett and Philip Pettit propose to restrict the relevant domain of possible worlds by reference to two epistemic conditions pertaining to potential group members. I argue that this strategy unduly limits non-domination’s critical potential. I then argue that a suitably systemic conception of domination avoids this problem. By placing explanatory emphasis on social institutions, and how these bear on the feasibility of individual and collective action, a systemic conception of non-domination avoids the coalition problem in a way that retains its critical potential. The article clarifies the relationship between the rule of law and the social norms and objects to the claim that non-domination is bound to deem the latter irrelevant from the point of view of freedom.
本文主张将自由作为非支配的系统概念。它通过参与关于所谓联合问题的辩论来做到这一点。联盟问题之所以出现,是因为非支配性认为群体可以成为(支配)权力的代理人,同时也坚持自由是强大的。因此,它似乎意味着每个人都处于潜在群体手中的持续统治状态。然而,这个问题可以通过拒绝解释非支配性鲁棒性要求的“严格可能性”标准来解决。弗兰克·洛维特和菲利普·佩蒂特提出,通过引用与潜在群体成员相关的两个认知条件来限制可能世界的相关领域。我认为这种策略过度限制了非支配性的批判潜力。然后我认为,一个适当的系统的统治概念可以避免这个问题。通过将解释性的重点放在社会制度上,以及这些制度如何影响个人和集体行动的可行性,非统治的系统概念以一种保留其批判潜力的方式避免了联盟问题。本文澄清了法治与社会规范的关系,反对从自由的角度看,非统治必然会认为后者无关紧要的主张。
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引用次数: 3
Reconsidering the reciprocity objection to unconditional basic income 重新考虑无条件基本收入的互惠性反对
IF 0.9 2区 哲学 Q2 ETHICS Pub Date : 2020-05-28 DOI: 10.1177/1470594X20927901
A. Lister
This article reconsiders the reciprocity objection to unconditional basic income based on the idea that reciprocity is not only a duty but a limiting condition on other duties. If the objection were that unconditionality invites people to neglect contributory obligations arising from a duty of reciprocity, people could ask to opt out of eligibility for the benefit so as to avoid liability to contribution. While market failure provides a reason for mandatory participation in social insurance, it will not justify the generous (if conditional) income support egalitarians favour. To sustain the objection, we need to think of reciprocity a limit on duties of assistance and fair-sharing. In this form, the objection resists the inherited assets response, which holds that we can’t have a duty reciprocate benefits we receive from nature or from previous generations.
本文基于互惠不仅是一种义务,而且是其他义务的限制条件的观点,对无条件基本收入的互惠性反对进行了重新思考。如果反对意见是,无条件条件会使人们忽视因互惠义务而产生的缴款义务,人们可以要求选择不获得该福利的资格,以避免承担缴款责任。尽管市场失灵为强制参与社会保险提供了一个理由,但它并不能证明平等主义者所青睐的慷慨(如果有条件的话)收入支持是合理的。为了支持这一反对意见,我们需要考虑互惠——对援助义务和公平分享的限制。在这种形式下,反对意见反对继承资产的回应,继承资产的回应认为,我们不能有义务回报我们从自然或从前几代人那里得到的利益。
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引用次数: 1
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