罗尔斯“分配的正义观”与诺齐克“持有的正义观”对照研究

分配正当性的根据是什么 ?人的基本权利与平等的要件如何分配才是符合正义的 ?罗尔斯和诺齐克从两个向度上对此作了深入研究。罗尔斯从平等的权利出发 ,主张用“公平正义的两个原则”来取代功利主义 ,认为除非有充足理由证明应当不平等 ,否则就应当平等。并要求依据“公平的正义原则”分配公共资源和自由体系 ;诺齐克从人的不可剥夺的权利出发 ,认为除非有充足理由证明应当平等 ,否则就应当不平等 ,通过“资格”理论确立“持有”的正当性。在功利主义、财产权、国家的作用、自由平等、分配模式和社会稳定的意义等方面 ,罗尔斯与诺齐克的观点也各有契合与对立。     

Policing,profiling and discrimination law: US and European approaches compared

Counter-terrorism officials in the USA and the UK responded to the events of 11 September 2001 and 7 July 2005 with an increasing resort to the use of ‘intelligence-led policing’ methods such as racial and religious profiling. Reliance on intelligence, to the effect that most people who commit a certain crime have a certain ethnicity, can lead to less favourable treatment of an individual with that ethnicity because of his membership in that group, not because of any act he is suspected or known to have committed. This paper explains the context in which intelligence-led policing flourishes, and how this discussion contributes to the profiling debate in both the USA and the UK, and then sets out two key contentions. First, we argue that Article 14 ECHR as applied under the UK Human Rights Act has a more protective, and less ‘prosecutorial’, conception of discrimination than has the US Equal Protection Clause, meaning that judges need not find a discriminatory motive to find that discrimination has occurred. Second, we contend that Article 14 provides the judiciary with the key tool of proportionality, which, when properly applied, makes it harder for discrimination to stand up to scrutiny.     

Generation Units and the Student Protest Movement in the United States: An Intra- and Intergenerational Analysis

The American student protest movement provides exceptional opportunities to observe how formative political experiences can affect intragenerational cleavages over the adult life span and how they may reflect on intergenerational continuities. Long-term national panel data from the high school class of 1965 and data from their parents and offspring are used here to exploit these opportunities. The results show that a sharp rift in political participation and attitudes emerged between protesters and non-protesters during the protest era, a rift that persists into mid-life and one that testifies to the conceptual utility of generation units. Continuities across the three lineage generations are demonstrated by the moderate similarities in the ideological and participative orientations that are associated with the protest status of the student generation.     

Priorities of Global Justice

One-third of all human deaths are due to poverty-related causes, to malnutrition and to diseases that can be prevented or cured cheaply. Yet our politicians, academics, and mass media show little concern for how such poverty might be reduced. They are more interested in possible military interventions to stop human rights violations in developing countries, even though such interventions – at best – produce smaller benefits at greater cost. This Western priority may be rooted in self-interest. But it engenders, and is sustained by, a deeply flawed moral presentation of global economic cooperation. The new global economic order we impose aggravates global inequality and reproduces severe poverty on a massive scale. On any plausible understanding of our moral values, the prevention of such poverty is our foremost responsibility.     

A JEWISH CONCEPTION OF HUMAN DIGNITY

This paper depicts the meanings of human dignity as they unfold and evolve in the Bible and the Halakhah. I posit that three distinct features of a Jewish conception of human dignity can be identified in contrast to core characteristics of a liberal conception of human dignity. First, the original source of human dignity is not intrinsic to the human being but extrinsic, namely in God. Second, it is argued that the “dignity of the people” has precedence over personal autonomy and liberty, which are core liberal pillars. The third characteristic pertains to the potential conflict between personal autonomy and liberty, and God's commandments. The theoretical analysis of human dignity is then examined in light of several Supreme Court decisions in Israel during the 1990s. I illustrate that Jewish religious and secular‐liberal conceptions pull in different directions in the rulings of liberal and religious Justices in Israel.     

The Endorsement of Minority Rights: The Role of Group Position, National Context, and Ideological Beliefs

The present research was conducted in the Netherlands and used an experimental design to examine the endorsement of minority rights among Turkish and Kurdish participants in two framed, national contexts: the Netherlands and Turkey. In the Dutch context, each group is a minority, whereas in the Turkish context the Kurds are an oppressed national minority and the Turks are the national majority. The results showed that the Turks were less in favor of minority rights in the Turkish context than in the Dutch context, whereas the Kurds were more in favor of minority rights in the Turkish than in the Dutch context. In addition, the endorsement of minority rights was related to beliefs about majority rule, state unity, and ingroup identification, as well as to cultural diversity and perceived pervasive discrimination. The associations with the former three measures differed between the two groups and the two national contexts, whereas the latter two measures had main effects on the endorsement of minority rights.     

Terrorist Suspect Religious Identity and Public Support for Harsh Interrogation and Detention Practices

Does the U.S. public's support for the use of harsh interrogation and detention practices against terrorism suspects depend upon the religious identity of the alleged perpetrators? Some scholarly research indicates greater public acceptance for abridging the rights of Muslims after 9/11. This is consistent with literature suggesting that heightened perception of threat decreases popular tolerance for racial, ethnic, and religious outgroups. This study executes a survey experiment and finds respondents to be more permissive of the use of extraordinary detention practices, such as indefinite detention and denying suspects access to legal counsel and civilian criminal courts, against terror suspects identified as Muslims. Furthermore, the study reveals that respondents are significantly less likely to treat domestic, right‐wing terrorist suspects with extraordinary detention, suggesting ingroup leniency.     

For the greater goods? Ownership rights and utilitarian moral judgment

People often judge it unacceptable to directly harm a person, even when this is necessary to produce an overall positive outcome, such as saving five other lives. We demonstrate that similar judgments arise when people consider damage to owned objects. In two experiments, participants considered dilemmas where saving five inanimate objects required destroying one. Participants judged this unacceptable when it required violating another’s ownership rights, but not otherwise. They also judged that sacrificing another’s object was less acceptable as a means than as a side-effect; judgments did not depend on whether property damage involved personal force. These findings inform theories of moral decision-making. They show that utilitarian judgment can be decreased without physical harm to persons, and without personal force. The findings also show that the distinction between means and side-effects influences the acceptability of damaging objects, and that ownership impacts utilitarian moral judgment.     

Response to Ranganathan

This essay responds to Bharat Ranganathan's “Comment” on my essay, “The Concept of Dignity in the Universal Declaration of Human Rights” (2011). Addressing key criticisms in this “Comment,” I make the following points. First, neither the idea of inherent dignity being “imparted” to humans, nor the Universal Declaration's implication—through its use of terms such as “inherent” and “inalienable”—that humans participate in transcendent reality, necessarily presuppose a Christian metaphysics. Second, a concept such as “inherent dignity” must be affirmed to be intrinsically heuristic unless we are to assume that its meaning can be completely known within the conditions of existence; but this affirmation does not render such concepts “indeterminate of sense.” Finally, Ranganathan's distinction between“weak” and “strong” senses of transcendence is untenable. If human truths beyond all contingencies are knowable (“weak” transcendence), then there must be a real dimension of meaning that transcends all contingencies (“strong” transcendence).