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The ethics of refugee prioritization: reframing the debate 难民优先次序的伦理:重新构建辩论
IF 0.7 3区 哲学 Q2 Social Sciences Pub Date : 2020-01-01 DOI: 10.1080/16544951.2020.1735019
K. Lippert‐Rasmussen, A. Vitikainen
Faced with the worst displacement crisis since the second world war, many states are unlikely to accept as many refugees as they ought, and very few are likely to accept more than they are required...
面对二战以来最严重的流离失所危机,许多国家不太可能接受应有数量的难民,而且很少有国家可能接受超过要求的难民。
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引用次数: 6
Response to my commentators 对我的评论员的回应
IF 0.7 3区 哲学 Q2 Social Sciences Pub Date : 2019-11-29 DOI: 10.1080/16544951.2019.1702453
David Ingram
Before responding to my commentators, I would like to thank each of them for having taken time out of their busy lives to read a long and at times densely argued book. I chose them as my interlocutors because their reflections on selected topics had already served me well in composing my book. I expected quality commentary from them and have not been disappointed. Gottfried Schweiger’s research has pioneered new territory in the field of applied recognition theory, and his comments here and elsewhere have made me more aware of the complications associated with using recognition as one foundational category (along with discourse, which he does not discuss) for theorizing the injustices and pathologies associated with poverty and social marginalization. In prefacing his comments, Schweiger himself notes several features that seem to recommend recognition theory as at least a necessary supplement to standard liberal theories of distributive (in)justice, namely, its attempt to ascertain injustice by appeal to the ordinary experiences of indignation suffered by those who claim to be victims of injustice and its understanding that a part of justice concerns the psychology of human relationships, which is not a good or resource that can be measured and distributed in any straightforward way. All of this stands in stark contrast to liberalism’s concern with distributing basic primary goods, resources, and capabilities that individuals need (taken separately and abstractly as rational agents) according to general principles that have been constructed on the basis of what are taken to be widely (perhaps universally) accepted fixed judgements. The important and difficult challenge for recognition theory, as Schweiger makes clear in his comments, is whether its starting point in experience suffices to generate a theory of injustice and social pathology apart from an elitist theory of objective human development and/or a liberal theory of distributive justice. In other words, does recognition theory’s counter-intuitive approach to framing poverty as a psychological harm really provide an alternative or needed supplement to a liberal theory of distributive justice? Schweiger’s critical engagement with my book centres around two major theoretical claims I make in chapter one, specifically about the contribution recognition theory makes to understanding poverty as a form of injustice, and an example that I use to
在回复我的评论之前,我想感谢他们每一位从忙碌的生活中抽出时间来阅读这本冗长且有时争论激烈的书。我选择他们作为我的对话者,因为他们对所选主题的思考已经在我的书中得到了很好的帮助。我期待他们的高质量评论,也没有让我失望。Gottfried Schweiger的研究开创了应用认知理论领域的新领域,他在这里和其他地方的评论让我更加意识到,将认知作为一个基本范畴(以及他没有讨论的话语)来理论化与贫困和社会边缘化相关的不公正和病态,是多么复杂。在他的评论的前言中,Schweiger自己指出了几个特征,这些特征似乎推荐承认理论至少是对标准自由主义分配正义理论的必要补充,即,它试图通过呼吁那些声称是不公正受害者所遭受的愤怒的普通经历来确定不公正,并且它理解正义的一部分涉及人类关系的心理,这不是一种可以直接衡量和分配的好资源。所有这一切都与自由主义所关注的分配个人所需的基本商品、资源和能力(作为理性行为者单独和抽象地加以考虑)的问题形成鲜明对比,而自由主义所关注的分配是根据普遍原则构建的,这些原则是建立在被广泛(也许是普遍)接受的固定判断的基础上的。正如Schweiger在他的评论中明确指出的那样,承认理论面临的重要而困难的挑战是,它的经验起点是否足以产生一种不公正和社会病理学的理论,而不是客观人类发展的精英理论和/或分配正义的自由理论。换句话说,认知理论将贫困定义为一种心理伤害的反直觉方法,是否真的为分配正义的自由主义理论提供了一种替代或必要的补充?施威格对我的书的批评集中在我在第一章中提出的两个主要理论主张上,特别是关于承认理论对理解贫困作为一种不公正形式的贡献,以及我用的一个例子
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引用次数: 1
Towards a contextual understanding of human rights 对人权的上下文理解
IF 0.7 3区 哲学 Q2 Social Sciences Pub Date : 2019-11-29 DOI: 10.1080/16544951.2019.1696112
Willy Moka-Mubelo, S.J.
ABSTRACT Should human rights be understood within a specific context? In order words, should the discourse on human rights be historically contingent? If so, isn’t there a risk that they will lose their universal character? I argue that the standard of human rights provided by major documents and treaties of human rights must be respected, but at the same time, there are rights that must be developed in accordance with a particular context and specific needs of the people. Some might object that in contextualizing human rights they run the risk of losing their universal character. The argument of the universal character of human rights does not always meet a unanimous consent of everyone. Some non-Westerners thinkers, for example, reject the idea of the universality of human rights because, they argue, human rights reflect and perpetrate the western culture, which is sometimes at odd with non-western cultures. They then advocate a reconstruction and clarification of the moral, political, and legal status of human rights. This requirement of clarifying the different aspects of human rights status appears in Ingram’s argument when he affirms that the theoretical clarification of the apparent incoherence of the Universal Declaration of Human Rights, regarding the moral, political, and legal status of human rights must be sensitive to the multiple functions and justificatory grounds of human rights. Thus, the leading question to be answered in this paper will be: should there be a definitive list of rights for all contexts and all circumstances?
人权应该在特定的背景下理解吗?换句话说,关于人权的论述是否应该具有历史偶然性?如果是这样,它们会不会有失去普遍特性的风险呢?我认为,重要的人权文件和条约规定的人权标准必须得到尊重,但同时,也有一些权利必须根据特定的情况和人民的具体需要来发展。有些人可能会反对说,在将人权置于背景之下时,它们有可能失去其普遍性。关于人权具有普遍性的论点并不总是得到所有人的一致同意。例如,一些非西方思想家拒绝人权的普遍性,因为他们认为,人权反映并体现了西方文化,这有时与非西方文化不一致。然后,他们主张重建和澄清人权的道德、政治和法律地位。这种澄清人权地位的不同方面的要求出现在英格拉姆的论证中,他断言,从理论上澄清《世界人权宣言》在人权的道德、政治和法律地位方面的明显不连贯,必须对人权的多重功能和正当性理由敏感。因此,本文要回答的主要问题将是:是否应该有一份适用于所有情况和所有情况的明确权利清单?
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引用次数: 3
Recognition, misrecognition and justice 承认、误认和正义
IF 0.7 3区 哲学 Q2 Social Sciences Pub Date : 2019-11-29 DOI: 10.1080/16544951.2019.1693870
G. Schweiger
ABSTRACT My critical engagement with David Ingram’s book ‘World Crisis and Underdevelopment’ is divided into three parts. In the first part I will explore how experiences of misreognition are related to experiences of injustice. In the second part I will ask about the criteria that make experiences of non-recognition or misrecognition unjust. Finally, I will briefly discuss the ‘self-subordination social recognition paradox’.
我对大卫·英格拉姆的著作《世界危机与欠发达》的批判性研究分为三个部分。在第一部分中,我将探讨误认的经历是如何与不公正的经历相关联的。在第二部分,我将探讨使不承认或错误承认的经验不公正的标准。最后,我将简要讨论“自我从属的社会认同悖论”。
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引用次数: 4
“Whose development? What hegemony? Tackling the structural dynamics of global social injustice.” “谁的发展?霸权主义是什么?解决全球社会不公正的结构性动态问题。”
IF 0.7 3区 哲学 Q2 Social Sciences Pub Date : 2019-11-29 DOI: 10.1080/16544951.2019.1696120
A. Azmanova
ABSTRACT I briefly review the main parameters of the conceptual framework David Ingram builds, and then proceed to test its heuristic power by examining its capacity to address three types of domination (relational, structural and systemic) typical of contemporary capitalism.
我简要回顾了大卫·英格拉姆构建的概念框架的主要参数,然后通过考察其解决当代资本主义典型的三种类型的统治(关系型、结构性和系统性)的能力,进一步检验其启发式力量。
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引用次数: 1
Social freedom and migration in a non-ideal world 非理想世界中的社会自由与移民
IF 0.7 3区 哲学 Q2 Social Sciences Pub Date : 2019-11-29 DOI: 10.1080/16544951.2019.1693871
D. Thompson
ABSTRACT In this paper, I identify two key contributions that David Ingram makes to the migration ethics literature, one methodological and one substantive. Ingram’s methodological contribution is to model how non-ideal theorizing can be done without abstracting away the complexities surrounding migration, including how the motivation to migrate is tied to existing institutional structures. He does this by beginning with the powerlessness and coercion experienced by certain classes of migrants, which he analyses using a rich conception of agency as social freedom. From here, Ingram develops his substantive contribution. Ingram argues that cosmopolitan and communitarian analyses cannot fully capture the dilemma surrounding forced migration: migrate to improve welfare or remain for the sake of identity and community. Ingram identifies the injustice of borders as occurring within the context of an interconnected international order operating without discursive accountability to most of those affected by its policies. Ingram argues that until international institutions are suitably reformed, asylum is owed to economic refugees because of the coercive circumstances existing in their countries of origin. This allows him to show, too, why specific states have obligations to asylum seekers: because they participate in the institutions that have contributed to these circumstances. Although I agree with Ingram’s overall approach, I will question whether he downplays the demands of his conception of social freedom and consider the feasibility of institutionalizing his discourse theoretic framework.
在本文中,我确定了大卫·英格拉姆对移民伦理文献的两个关键贡献,一个是方法论的贡献,一个是实质性的贡献。英格拉姆在方法论上的贡献是为非理想理论化如何在不抽象出围绕迁移的复杂性的情况下完成建模,包括迁移的动机如何与现有的制度结构联系在一起。为此,他从某些移民阶层所经历的无力感和胁迫开始,并用代理作为社会自由的丰富概念进行了分析。从这里开始,英格拉姆发展了他的实质性贡献。英格拉姆认为,世界主义和社群主义的分析不能完全抓住围绕被迫移民的困境:是为了改善福利而移民,还是为了身份和社区而留下来。英格拉姆认为,在一个相互关联的国际秩序的背景下,边界的不公正发生了,而对大多数受其政策影响的人没有话语责任。英格拉姆认为,在国际机构得到适当改革之前,由于经济难民原籍国存在的强制性情况,他们应该得到庇护。这也使他能够说明,为什么特定国家对寻求庇护者负有义务:因为它们参与了造成这些情况的机构。虽然我同意英格拉姆的总体方法,但我将质疑他是否低估了他的社会自由概念的要求,并考虑将他的话语理论框架制度化的可行性。
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引用次数: 0
Non-citizen children and the right to stay – a discourse ethical approach 非公民儿童与居留权——一种话语伦理途径
IF 0.7 3区 哲学 Q2 Social Sciences Pub Date : 2019-10-22 DOI: 10.1080/16544951.2019.1678800
Jonathan Josefsson
ABSTRACT The increased efforts of democratic states to enforce immigration control and deportations have sparked heated public debates about the rights of non-citizen children to be granted asylum. Local communities, anti-deportation movements, and children themselves have rejected the justifications provided by state authorities and have mobilized claims in the public sphere for the rights of non-citizen children to stay. To date, scholars have primarily analysed normative issues about the rights of non-citizen children with departure in legal positive rights as enshrined in domestic and international law; however, scholars have paid less attention to political theoretical aspects of the issue. This article takes its point of departure from claims for non-citizen children’s right to stay as formulated in the public sphere and uses discourse ethics to theorize in what ways these claims challenge state power and contemporary laws on asylum. In addition, this article contributes to the scholarly debates about the pressing global political issue of child migration and the political theory of human rights for children. Building on Seyla Benhabib’s concepts reciprocity and democratic iterations, this article develops a discourse theoretical approach that offers an alternative framework to a legalistic approach for the normative analysis of the rights of non-citizen children.
民主国家加强移民控制和驱逐出境的努力引发了公众对非公民儿童获得庇护权利的激烈辩论。当地社区、反驱逐运动和儿童本身都拒绝了国家当局提供的理由,并在公共领域动员要求非公民儿童留下的权利。迄今为止,学者们主要分析了国内法和国际法所规定的非公民离境儿童的法律积极权利的规范性问题;然而,学者们对这一问题的政治理论方面关注较少。本文从公共领域对非公民儿童居留权的主张出发,运用话语伦理理论来阐述这些主张以何种方式挑战国家权力和当代庇护法律。此外,本文对儿童移民这一紧迫的全球政治问题和儿童人权政治理论的学术辩论也有贡献。在Seyla Benhabib的互惠和民主迭代概念的基础上,本文发展了一种话语理论方法,为非公民儿童权利的规范性分析提供了一种替代法律方法的框架。
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引用次数: 2
Prolegomena to a critical theory of the global order 全球秩序批判理论导论
IF 0.7 3区 哲学 Q2 Social Sciences Pub Date : 2019-09-19 DOI: 10.1080/16544951.2019.1668198
D. Held, Pietro Maffettone
ABSTRACT We start from, and expand on, a basic insight in negative dialectic, namely, that our main concern should be with the absolute worst in political life. We then consider how this might have an impact on the way we understand the role and grounds of moral equality. Subsequently, we move on to explain the importance of decency in political morality. Finally, we take a closer look to basic data about global poverty and inequality and what these might tell us in light of our analysis of the foundations of moral equality and its relationship to social cruelty.
我们从否定辩证法的一个基本洞见出发并加以扩展,即我们主要关注的应该是政治生活中绝对最坏的情况。然后,我们考虑这可能会对我们理解道德平等的作用和基础的方式产生怎样的影响。随后,我们继续解释体面在政治道德中的重要性。最后,我们仔细研究了关于全球贫困和不平等的基本数据,并根据我们对道德平等的基础及其与社会残酷的关系的分析,这些数据可能告诉我们什么。
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引用次数: 0
Principles of justice and the idea of practice-dependence 正义原则与实践依赖的理念
IF 0.7 3区 哲学 Q2 Social Sciences Pub Date : 2019-09-19 DOI: 10.1080/16544951.2019.1667132
Johan Brännmark
ABSTRACT In recent years, several political theorists have argued that reasonable principles of justice are practice-dependent. In this paper it is suggested that we can distinguish between at least two main models for doing practice-dependent theorizing about justice, interpretivism and constructivism, and that they can be understood as based in two different conceptions of practices. It is then argued that the reliance on the notion of participants that characterizes interpretivism disables this approach from adequately addressing certain matters of justice and that a better way of developing the idea of practice-dependence can be found in a constructivism that starts from the Rawlsian idea of overlapping consensus, but which shifts the focus of that approach from societies to a more open-ended category of domains, and which understands the parties to a possible overlapping consensus as stakeholders in a certain set of interconnected practices.
近年来,一些政治理论家认为合理的正义原则是依赖于实践的。本文认为,我们可以区分至少两种主要的基于实践的正义理论化模式:解释主义和建构主义,它们可以被理解为基于两种不同的实践概念。然后,有人认为,对作为解释主义特征的参与者概念的依赖使这种方法无法充分解决某些正义问题,并且可以在一种构建主义中找到发展实践依赖思想的更好方法,这种建构主义始于罗尔斯的重叠共识思想,但它将该方法的焦点从社会转移到一个更开放的领域类别,它将可能重叠共识的各方理解为一系列相互关联的实践中的利益相关者。
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引用次数: 1
Should states prioritize child refugees? 各国是否应该优先考虑儿童难民?
IF 0.7 3区 哲学 Q2 Social Sciences Pub Date : 2019-08-05 DOI: 10.1080/16544951.2019.1649958
G. Schweiger
ABSTRACT In this paper I am interested in the question of whether and why states should prioritize child refugees over adult refugees in cases where they are not able to grant refuge to all those who are entitled to it. In particular I discuss three grounds on which such a prioritization could be based: (a) vulnerability, (b) efficiency and (c) life phase and life span. As can be shown, these grounds also apply, to some extent, to particular groups of adults such as women, the elderly, or people with special needs. Based on this I conclude that states should invest significant resources into filtering out those who are the most needy and vulnerable although there are several limitations to doing that. Only if such a selection process were impossible, or so costly and time-consuming that it would result in significantly fewer refugees being admitted, would states have good moral reasons to prioritize children without further screening.
在本文中,我感兴趣的问题是,在国家无法向所有有资格获得庇护的人提供庇护的情况下,国家是否以及为什么应该优先考虑儿童难民而不是成人难民。我特别讨论了这种优先次序可以基于的三个理由:(a)脆弱性,(b)效率和(c)生命阶段和生命周期。可以看出,这些理由在某种程度上也适用于特定的成年人群体,如妇女、老年人或有特殊需要的人。基于此,我的结论是,各州应该投入大量资源,过滤掉那些最需要帮助和最脆弱的人,尽管这样做有一些限制。只有当这样的筛选过程是不可能的,或者如此昂贵和耗时以至于会导致接收的难民大大减少时,国家才有良好的道德理由优先考虑儿童而不进行进一步的筛选。
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引用次数: 7
期刊
Ethics & Global Politics
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