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When political liberalism meets a communalist worldview: John Rawls and African view of human rights 当政治自由主义遇到社群主义世界观:约翰-罗尔斯与非洲人权观
Pub Date : 2024-04-08 DOI: 10.1177/01914537241244823
Fidèle Ingiyimbere
Since the publication of his A Theory of Justice (TJ), John Rawls has revolutionized political philosophy in many ways, including the understanding of human rights. His theory of rights in TJ is drawn from a comprehensive liberal doctrine and is limited to the domestic society. However, his account of human rights developed in his last major work, The Law of Peoples, claims to be politically free standing, following the model of his Political Liberalism. For Rawls, human rights are necessary conditions for social cooperation. They are meant to serve as one of the principles of foreign policy of the reasonable liberal peoples, in their relations with non-liberal societies. Rawls believes that his category of human rights cannot be rejected by non-liberal peoples as parochial or particular to the Western tradition, because they are not based on any comprehensive doctrine. On the other hand, however, many African scholars have dismissed the current international human rights regime on the account of being too liberal, and not corresponding to the African communalist worldview. It is in that regard that The African Charter on Human and Peoples’ Rights and subsequent African human rights instruments were adopted to dress a list of human rights that take into account African history, civilization, and values. Thus, in three main sections, this article examines whether the Rawlsian account and the African view of human rights can enrich each other, or whether they are completely opposed.
自《正义论》(TJ)出版以来,约翰-罗尔斯在许多方面革新了政治哲学,包括对人权的理解。他在《正义论》中提出的权利理论源自全面的自由主义学说,并局限于国内社会。然而,他在最后一部重要著作《万民法》中对人权的论述却声称自己在政治上是独立的,遵循了他的政治自由主义模式。在罗尔斯看来,人权是社会合作的必要条件。在与非自由主义社会的关系中,人权是合理的自由主义民族外交政策的原则之一。罗尔斯认为,他的人权范畴不能被非自由主义民族视为狭隘的或西方传统特有的,因为它们不是建立在任何全面的学说之上。但另一方面,许多非洲学者却以过于自由、不符合非洲社群主义世界观为由,否定了当前的国际人权制度。因此,《非洲人权和人民权利宪章》及其后的非洲人权文书被采纳,以制定一份考虑到非洲历史、文明和价值观的人权清单。因此,本文将分三个主要部分,探讨罗尔斯的论述和非洲的人权观是否可以相互充实,还是完全对立。
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引用次数: 0
Rescuing justice and stability 拯救正义与稳定
Pub Date : 2024-02-02 DOI: 10.1177/01914537241230343
Paul Weithman
Though John Rawls's treatment of stability has received less attention than other parts of his work, it promises help in understanding how liberal institutions can reproduce themselves under non-ideal conditions like ours. But stability in Rawls's sense seems to depend ineliminably on society's justice, and Gerald Cohen powerfully criticized the connection Rawls drew between the two. Cohen contends that stability is ‘alien’ to justice rather than conceptually connected to it. It is therefore a consideration that should be studied separately. If we are to draw on Rawls's treatment, it needs to be defended against Cohen's critique. I argue that it can be. The defense depends upon establishing a conclusion that Cohen thought inconsistent with Rawls's theory and that might have discomfited Rawls himself: that the arguments he offered for the stability of a just society were more limited and tentative than he acknowledged. Locating those limits has two valuable payoffs. It sheds light on some of the more obscure and difficult, but neglected parts of Rawls's work. More important for our current political moment, it shows the points at which unjust societies such as our own need to be shored up.
虽然约翰-罗尔斯对稳定性的论述不如其著作的其他部分受到关注,但它有助于理解自由制度如何在我们这样的非理想条件下自我复制。但是,罗尔斯意义上的稳定似乎不可避免地依赖于社会的正义,杰拉尔德-科恩(Gerald Cohen)有力地批评了罗尔斯将两者联系起来的做法。科恩认为,稳定与正义 "格格不入",而不是在概念上与之相关。因此,它是一个应该单独研究的问题。如果我们要借鉴罗尔斯的处理方法,就需要针对科恩的批评进行辩护。我认为可以这样做。这种辩护依赖于确立一个科恩认为与罗尔斯的理论不一致的结论,这个结论可能会让罗尔斯本人感到不快:他为公正社会的稳定性所提供的论据比他所承认的更加有限和试探性。找到这些限制有两个有价值的回报。它揭示了罗尔斯著作中一些更晦涩、更困难但却被忽视的部分。对于我们当前的政治时刻来说,更重要的是,它表明了像我们这样的不公正社会需要加强的地方。
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引用次数: 0
Toward a universalistic theory of political obligation: A post-structuralist approach 走向政治义务的普遍性理论:后结构主义方法
Pub Date : 2024-01-27 DOI: 10.1177/01914537241230013
Giorgi Tskhadaia
Developing a plausible theory of political obligation is crucial for understanding our current political lives or constructing new ones. However, it proved to be hard to arrive at a theory that is universalistic and logically consistent. Without adherence to certain universalistic principles, such as freedom and equality, one might be tempted to justify individuals’ allegiance to authoritarian regimes based on particularistic reasons. Also, one may argue that if a general theory of political obligation cannot be devised, we are justified to resort to anarchism. Despite such high political stakes involved, a contention arose that universalistic approaches to political obligation are logically inconsistent because they run afoul of a particularity requirement. The latter is a demand that any plausible theory of individuals’ obligations toward a political entity should account for the reasons why they should obey the rules and orders of a specific authority. In this article, drawing on Ernesto Laclau and Chantal Mouffe’s post-structuralist theory, I demonstrate that the dichotomy of universalism vs. particularism need not have destructive effects for a successful theory of political obligation. Indeed, it is possible to accept a particularity requirement but at the same time, argue that political obligations have a universalistic thrust.
发展一种可信的政治义务理论对于理解我们当前的政治生活或构建新的政治生活至关重要。然而,事实证明很难达成一种具有普遍性且逻辑上一致的理论。如果不坚持某些普遍性原则,如自由和平等,人们可能会基于特殊性的理由为个人效忠专制政权进行辩护。此外,有人可能会说,如果不能设计出政治义务的一般理论,我们就有理由诉诸无政府主义。尽管涉及如此重大的政治利益,但还是出现了这样一种论点,即政治义务的普遍主义方法在逻辑上是不一致的,因为它们违背了特殊性要求。后者要求任何关于个人对政治实体的义务的合理理论都应说明他们为什么要服从特定权威的规则和命令。本文借鉴埃内斯托-拉克劳(Ernesto Laclau)和香塔尔-穆夫(Chantal Mouffe)的后结构主义理论,证明普遍主义与特殊主义的二分法不一定会对成功的政治义务理论产生破坏性影响。事实上,在接受特殊性要求的同时,也可以论证政治义务具有普遍性的主旨。
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引用次数: 0
Literature and the legacy of Empire: Approaching Turkey’s post-imperial condition through Ahmet Hamdi Tanpınar 文学与帝国遗产:通过艾哈迈德-哈姆迪-坦佩纳尔了解土耳其的后帝国状况
Pub Date : 2024-01-26 DOI: 10.1177/01914537231225149
Johanna Chovanec
How does literature engage with the legacies of Empire? This article examines how imperial decline and nation building are reflected in textual production after the First World War. With Turkey as a case study, it focuses on the post-imperial narrative as a form of narration dealing with the experience of imperial loss, political contingency and possibilities of national belonging. I argue that Turkey’s post-imperial condition is shaped by coming to terms with the loss of the Ottoman Empire, on the one hand, and a nationalising present embedded in the experience of Western-dominated modernity, on the other. Against this backdrop, I examine essays from the compilations Yaşadığım Gibi (1970, ‘As I lived’) and Beş Şehir (1946, ‘Five Cities’) by Ahmet Hamdi Tanpınar, a key intellectual of the early republican era. The analysis of these post-imperial narratives reveals how Tanpınar tries to root Turkey’s national modernity in selected elements of the imperial past. For Tanpınar, continuity with (Turkified) imperial heritage is a prerequisite for a strong nation-state.
文学如何处理帝国的遗产?本文探讨了第一次世界大战后帝国衰落和国家建设如何反映在文本创作中。文章以土耳其为例,重点探讨了后帝国主义叙事作为一种叙事形式,如何处理帝国丧失的经历、政治偶然性和民族归属的可能性。我认为,土耳其的后帝国主义状况一方面是由奥斯曼帝国的失落所塑造的,另一方面是由西方主导的现代性经验所蕴含的民族化现状所塑造的。在此背景下,我研究了共和国早期重要知识分子艾哈迈德-哈姆迪-坦佩纳尔(Ahmet Hamdi Tanpınar)的作品集《雅萨德吉姆-吉比》(Yaşadığım Gibi,1970 年,"As I lived")和《贝什-谢希尔》(Beş Şehir,1946 年,"Five Cities")中的文章。对这些后帝国叙事的分析揭示了坦皮纳尔如何试图将土耳其的民族现代性植根于帝国历史的特定元素中。对坦皮纳尔而言,延续(突厥化的)帝国遗产是建立强大民族国家的先决条件。
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引用次数: 0
Public and private interests in Han Fei: A statist approach 韩非的公共利益与私人利益:国家主义方法
Pub Date : 2024-01-24 DOI: 10.1177/01914537241229052
Yutang Jin
Han Fei was a central figure in Chinese Legalism, which was a leading school of thought in the Warring States period of China, and which left a huge imprint on political culture in imperial China. This article examines the complex duality of public and private interests in Han Fei’s political thought, a crucial aspect of his thinking. I argue that Han Fei adopted a sophisticated statist approach to understanding public and private interests. For Han Fei, public interests are embodied in the state while private ones have dual functions. On the one hand, private interests threaten public ones by inviting corrupt material interests, personal morality, and knowledge, as well as human relationships. On the other hand, self-centered human psychology plays a dialectic role in strengthening the state.
韩非是中国法家思想的核心人物,法家思想是中国战国时期的主要思想流派,在帝制中国的政治文化中留下了巨大的烙印。本文探讨了韩非政治思想中复杂的公私二元性,这是他思想的一个重要方面。我认为,韩非采用了一种复杂的国家主义方法来理解公共利益和私人利益。在韩非看来,公共利益体现在国家中,而私人利益则具有双重功能。一方面,私人利益会腐蚀物质利益、个人道德和知识以及人际关系,从而威胁公共利益。另一方面,以自我为中心的人类心理在强化国家方面发挥着辩证作用。
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引用次数: 0
Towards a decolonial political theory: Thinking from the zone of nonbeing 迈向非殖民主义政治理论:从非存在区开始思考
Pub Date : 2024-01-20 DOI: 10.1177/01914537241229055
Charles des Portes
This article offers to outline a direction for a decolonial political theory based on Aimé Césaire’s and Frantz Fanon’s thoughts. In doing so, I will first discuss some work of comparative political theory that could be associated with an attempt to decolonize political theory. Rather than a systematic critique of these works, this article aims to outline some of their limits from a decolonial perspective, such as their embedment in a continental ontology/logic, and their over-emphasis on methodology that can lead to an instrumental account of politics. In contrast, I will argue for a decolonial existential political theory that grounds its investigation in what Frantz Fanon called ‘the zone of nonbeing’ and that takes politics as first philosophy. To make my point, I will discuss Aimé Césaire’s Letter to Maurice Thorez and Frantz Fanon’s Political Theory of the Damnés.
本文以艾梅-塞泽尔和弗朗茨-法农的思想为基础,概述了非殖民化政治理论的方向。为此,我将首先讨论一些比较政治理论著作,这些著作可能与非殖民化政治理论的尝试有关。本文的目的不是对这些著作进行系统的批判,而是从非殖民化的角度概述它们的一些局限性,如它们嵌入了大陆本体论/逻辑,以及它们过于强调方法论,这可能导致对政治的工具性解释。与此相反,我将论证一种非殖民主义的存在主义政治理论,这种理论以弗朗茨-法农(Frantz Fanon)所说的 "非存在区域 "为研究基础,并将政治作为第一哲学。为了阐明我的观点,我将讨论艾梅-塞泽尔的《致莫里斯-梭伦的信》和弗朗茨-法农的《该死人的政治理论》。
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引用次数: 0
Borders, states, and armed conflicts in Europe and Northeast Asia since 1945: The moral hazard of great-power encroachments 1945 年以来欧洲和东北亚的边界、国家和武装冲突:大国蚕食的道德风险
Pub Date : 2024-01-20 DOI: 10.1177/01914537241228805
Mark Kramer
This article discusses the significance of international borders in Europe and Northeast Asia during the Cold War (1945–1989) and after. Using the concept of ‘moral hazard’, the article examines what happens when great powers frequently violate the borders of neighboring countries without suffering adverse repercussions. Norms of sovereignty and territorial integrity are viable only if large countries are willing to uphold them most of the time. The Soviet Union used or threatened to use military force against East European countries on numerous occasions (1953, 1956, 1968, and 1980–1981) with impunity. The Russian Federation adopted a broadly similar policy toward neighboring countries that had been republics of the Soviet Union until 1991. Russian forces in Georgia, Moldova, Tajikistan, Belarus, and Ukraine served as instruments of Russian hegemony in those countries. Until 2014, Western governments made little or no effort to deter or counter Russian military encroachments in neighboring republics. By the principle of moral hazard, leaders in the Kremlin came to believe that they could act with a free hand in the former USSR.
本文讨论了冷战期间(1945-1989 年)及之后国际边界在欧洲和东北亚的重要性。文章利用 "道德风险 "的概念,探讨了当大国频繁侵犯邻国边界而又不遭受负面影响时会发生什么。只有当大国在大多数情况下都愿意维护主权和领土完整准则时,这些准则才是可行的。苏联曾多次(1953 年、1956 年、1968 年和 1980-1981 年)对东欧国家使用或威胁使用军事力量,却没有受到任何惩罚。俄罗斯联邦对 1991 年前一直是苏联加盟共和国的邻国也采取了大致相同的政策。驻扎在格鲁吉亚、摩尔多瓦、塔吉克斯坦、白俄罗斯和乌克兰的俄罗斯军队是俄罗斯在这些国家推行霸权的工具。直到 2014 年,西方政府几乎没有做出任何努力来阻止或反击俄罗斯对邻国共和国的军事侵犯。根据道德风险原则,克里姆林宫的领导人开始相信他们可以在前苏联放手行动。
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引用次数: 0
Habermas and the mutations of the public sphere 哈贝马斯与公共领域的变迁
Pub Date : 2024-01-02 DOI: 10.1177/01914537231223845
Douglas Kellner
In this article, I argue that concern with the public sphere and the necessary conditions for a genuine democracy can be seen as a central theme of Jurgen Habermas's work that deserves respect and critical scrutiny in the contemporary moment, when throughout the world liberal democracies are in crisis. My study intends to point to the continuing importance of Habermas' problematic of the public sphere and its relevance for debates over democratic politics and social and cultural life in the present age, in an era in which the Occupy Movements, Black Lives Matter, #MeToo, the Trump Resistance Movement, and Ukraine and Palestine Solidarity groups use social media to struggle against multiple forms of oppression. At stake is delineating a concept of the public sphere which facilitates maximum public participation and debate over the key issues of the contemporary era and which consequently promotes the cause of radical democracy and social transformation.
在本文中,我认为对公共领域和真正民主的必要条件的关注可以被视为尤尔根-哈贝马斯著作的核心主题,在全世界自由民主制度陷入危机的当代,这一主题值得尊重和批判性审视。在 "占领运动"、"黑人生命事件"、"#MeToo"、"特朗普抵抗运动 "以及乌克兰和巴勒斯坦团结组织利用社交媒体与多种形式的压迫作斗争的时代,我的研究意在指出哈贝马斯关于公共领域的问题及其对当代民主政治、社会和文化生活辩论的相关性的持续重要性。这关系到如何界定公共领域的概念,以促进公众最大限度地参与和讨论当代的关键问题,从而推动激进民主和社会变革的事业。
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引用次数: 0
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Philosophy & Social Criticism
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