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哈佛课程 公正:该如何做是好 中英双语

_14 桑德尔(美)
我叫Joe。我收集滑板
My name is Joe and I collect skateboards.
我有100快滑板。
I've since bought a hundred skateboards.
假设,我生活在一个人口100的社会里
I live in a society of a hundred people.
我是唯一一个拥有滑板的
I'm the only one with skateboards.
突然,大家决定他们想要一个滑板。
Suddenly, everyone decides they want a skateboard.
他们来到我家,
They come to my house, they take my
拿走我的那99块滑板
they take 99 of my skateboards.
我认为这是不公正的。
I think that is unjust.
我认为在某些情况下,
Now, I think in certain circumstances it becomes necessary
有必要忽视或纵容这种不正义
to overlook that unjustness, perhaps condone that injustice
例如,那个在船上活着被吃掉的男童(第一节的案例)
as in the case of the cabin boy being killed for food.
当人们在死亡的边缘,忽视不公正也许是必要的
If people are on the verge of dying, perhaps it is necessary to
但我认为
overlook that injustice, but I think it's important
要记住,我们必须承认拿走他人的财物或资产
to keep in mind that we're still committing injustice
是不公平
by taking people's belongings or assets.
你是说,向迈克尔乔丹征取33%的税
Are you saying that taxing Michael Jordan, say,
贡献给公益事业是一种盗窃?
at a 33 percent tax rate for good causes to feed the hungry is theft?
我认为这是不公正的。
I think it's unjust.
是的,我相信这是盗窃,也许有必要接纳这种盗窃
Yes, I do believe it's theft but perhaps it is necessary to condone that theft.
但它确实是一种盗窃。
But it's theft.
是。
Yes.
为什么是一种盗窃,Joe?
Why is it theft, Joe?
因为 -
Because --
为什么,像你收集滑板
Why is it like your collection of skateboards?
因为,至少在我看来
It's theft because, or at least, in my opinion and by
自由主义认为,公平获得金钱,这笔钱就属于他
the libertarian opinion he earned that money fairly and it belongs to him.
因此,从他身上取走就可以定义为盗窃
So to take it from him is by definition theft.
好吧,让我们听听
All right, let's hear if there is…
有谁愿意回应Joe?好的。
Who wants to reply to Joe? Yes, go ahead.
我不认为,你有99块滑板
I don't think this is necessarily a case in which you have 99 skateboards
而政府
and the government…
或者,你有一个100块滑板,而政府取走其中的99块
or you have a hundred skateboards and the government is taking 99 of them.
这就像,你拥有比365块还多的滑板
It's like you have more skateboards than there are days in a year.
或者,你拥有多到你自己也用不完的滑板
You have more skateboards that you're going to be able to use
而政府就拿走其中的一部分。
in your entire lifetime and the government is taking part of those.
我认为,如果你生活在一个社会中
And I think that if you are operating in a society in which
如果政府不进行收入再分配
the government's not – in which the government doesn't
而允许某些人聚集这么多的财富
redistribute wealth, then that allows for people to amass
一些人拥有的,从一开始就比这些人少
so much wealth that people who haven't started from this very
而我们的假设是,一开始大家都是平均
the equal footing in our hypothetical situation, that doesn't exist
但在现实社会里这不存在
in our real society get undercut for the rest of their lives.
所以你担心,如果没有某种程度的再分配
So you're worried that if there isn't some degree of redistribution
就不会有真正的
of some or left at the bottom, there will be no genuine
机会平等。
equality of opportunity.
好的,认为税收是一种盗窃,
All right, the idea that taxation is theft,
Nozick更进一步地说。
Nozick takes that point one step further.
他也认为这是盗窃。但他比Joe更为苛刻
He agrees that it's theft. He's more demanding than Joe.
Joe说,这是盗窃,但在某种极端的情况也许是合理的
Joe says it is theft, maybe in an extreme case it's justified,
也许,父母为了养活自己自己的家而偷一块面包
maybe a parent is justified in stealing a loaf of bread to feed his
是有道理的
or her hungry family.
所以,Joe,你会怎么称自己
So Joe I would say, what would you call yourself,
一个有同情心的准自由主义者?
a compassionate quasi-libertarian?
Nozick说,如果你仔细想想,
Nozick says, if you think about it,
税收等同于拿走别人的收入。
taxation amounts to the taking of earnings.
换句话说,它意味着窃取我的劳动成果。
In other words, it means taking the fruits of my labor.
但如果国家有权把我的收入或我的劳动成果拿走
But if the state has the right to take my earning or the fruits of my labor,
这等于说,国家占有我的劳动成果的一部分
isn't that morally the same as according to the state the right
在道义上是正确?
to claim a portion of my labor?
所以,实际上,税收等同于强迫劳动
So taxation actually is morally equivalent to forced labor
因为这种强迫劳动,剥夺了我的休息,我的时间,我的劳动
because forced labor involves the taking of my leisure, my time,
就像征税拿走我的劳动成果一样
my efforts, just as taxation takes the earnings that I make with my labor.
因此,对于Nozick和其他自由主义者来说
And so, for Nozick and for the libertarians,
再分配的税收是一种盗窃,但这不仅是盗窃
taxation for redistribution is theft, as Joe says, but not only theft is
它相当于剥削了我的时间和劳动
morally equivalent to laying claim to certain hours of a person's
在道义上,它等同于强迫劳动
life and labor, so it's morally equivalent to forced labor.
如果国家有权占有我的劳动成果
If the state has a right to claim the fruits of my labor,
这意味着,有名义来剥夺我的劳动成果
that implies that it really has an entitlement to my labor itself.
什么是强迫劳动?
And what is forced labor?
Nozick指出,强迫劳动就像奴役
Forced labor, Nozick points out, is what, is slavery,
因为我并不是唯一能支配我的劳动的
because if I don't have the right, the sole right to my own labor,
这实际上等于,政府或社会
then that's really to say that the government or the
就相当于是我的合伙人一样
political community is a part owner in me.
而这意味着什么?
And what does it mean for the state to be a part owner in me?
这意味着我是一个奴隶,
If you think about it, it means that I'm a slave,
我不拥有自己。
that I don't own myself.
那么,从这里我们推理出
So what this line of reasoning brings us to is the fundamental principle
自由主义的一个根本原则
that underlies the libertarian case for rights.
这一原则是什么?
What is that principle?
我拥有和支配我自己。
It's the idea that I own myself.
如果你真的重视个人权利,我们就能支配自己
It's the idea of self possession if you want to take right seriously.
如果你不想把整个社会的当作是个人利益的集合
If you don't want to just regard people as collections of preferences,
这引出一个基本的道德理念:
the fundamental moral idea to which you will be lead is the idea
我们是自己的主人
that we are the owners or the propietors of our own person,
这就是功利主义的问题所在
and that's why utilitarianism goes wrong.
这也是为什么,取走健康病人的器官是错误的
And that's why it's wrong to yank the organs from that healthy patient.
因为,你把这个病人看作是属于你或属于整个社会
You're acting as if that patient belongs to you or to the community.
但其实,我们属于我们自己
But we belong to ourselves.
同理,立法来保护我们自己
And that's the same reason that it's wrong to make laws
立法来告诉我们要如何生活
to protect us from ourselves or to tell us how to live,
要求我们培养哪些美德,这些都是错误的
to tell us what virtues we should be governed by,
这也是为什么,从富人身上征税来帮助穷人是错误的
and that's also why it's wrong to tax the rich to help the poor
哪怕它是公益事业
even for good causes, even to help those
能帮助那些因飓风Katrina而流离失所的人
who are displaced by the Hurricane Katrina.
你可以让他们捐钱给慈善机构
Ask them to give charity.
但如果你征税,就是在强迫他们劳动。
But if you tax them, it's like forcing them to labor.
你能让乔丹不要参加下周的比赛
Could you tell Michael Jordan he has to skip the next week's games
改去帮助因飓风Katrina而流离失所的人吗?
and go down to help the people displaced by Hurricane Katrina?
在道义上,这是一样的。
Morally, it's the same.
因此,你很有可能会输掉。
So the stakes are very high.
到目前为止,我们已经听到了一些反对自由主义的观点。
So far we've heard some objections to the libertarian argument.
但如果你想反对它,你必须要驳倒
But if you want to reject it, you have to break in to
拿走我的收入就像是
this chain of reasoning which goes, taking my earnings
剥夺了我的劳动
is like taking my labor, but taking my labor
这相当于让我成为了奴隶
is making me a slave.
如果你不同意这一观点,你必须肯定
And if you disagree with that, you must believe in
自我支配的原则。
the principle of self possession.
那些不同意的同学,收集你们的反对意见
Those who disagree, gather your objections
我们将在下次讨论
and we'll begin with them next time.
阿基米德曾说
“给我一个支点,我能撬起整个地球”
如果你有好的研究想法
希望别人推你一把
“一五一十” 资助行动也许能帮到你
详情可留意www.aprilseason.com
你需要的也许就是这个支点
上次,我们讨论到自由主义。
We were talking last time about libertarianism.
我想回顾支持和反对
I want to go back to the arguments for and against
收入再分配的论点
the redistribution of income.
我们先谈一谈,"最小国家"(Nozick提出的一个的概念)
But before we do that, just one word about the minimal state,
自由主义经济学家 Milton Friedman
Milton Friedman, the libertarian economist,
许多我们认为是理所当然归政府管的
he points out that many of the functions that
他却认为不应该归政府管
we take for granted as properly belonging to government don't.
这是家长式的。
They are paternalist.
他举了一个关于社会保障的例子
One example he gives is social security.
他说,为了我们的退休生活而准备积蓄
He says it's a good idea for people to save for their retirement
是个好主意,但这种做法是错误的
during their earning years but it's wrong.
不管大家是否愿意,政府迫使每个人
It's a violation of people's liberty for the government to force everyone
为退休而提前积蓄一点钱
whether they want to or not to put aside some earnings today
侵犯了个人的权利
for the sake of their retirement.
如果一些人想碰碰运气,希望今天就过得好一点
If people want to take the chance or if people want to live big today
宁愿退休时生活贫穷,这是他们的选择。
and live a poor retirement, that should be their choice.
他们应自由地作出判断,接受这些风险。
They should be free to make those judgments and take those risks.
因此,即使是社会保障,国家也是不应该干涉的
So even social security would still be at odds with the minimal state
Milton Friedman主张
that Milton Friedman argued for.
有时,像警察、消防,我们认为属于集体的事情
It sometimes thought that collective goods like police protection
会不可避免地让某些人搭了便车
and fire protection will inevitably create the problem of free riders
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