司法是人权保障的最佳方式

司法是人权保障的最佳方式。一方面 ,它是由权利本身的缺陷所决定 ;侵权是必然发生的 ,因此救济权利成为必要。权利救济的最佳方式是司法救济。另一方面 ,它是由司法的特性所决定 ;司法具有中立性 ,司法过程是建立在正当程序基础之上的 ,以及司法判决是由合格的法庭和法官作出的。     

Neutrality of what?

In what sense should a liberal state be neutral between the conceptions of the good held by its citizens? Traditionally, liberals have provided two different answers to this question. Some have adopted a conception of neutrality of justification, while others a conception of neutrality of effects. Recently, Alan Patten has defended an alternative, novel and sophisticated, conception of neutrality – neutrality of treatment. In this article I assess whether neutrality of treatment is, in fact, a superior conception of neutrality. I try to show that neutrality of treatment suffers from the very same weaknesses that Patten attributes to its alternatives and that, overall, neutrality of justification, properly construed, provides a more promising account of both the sense in which a state ought to be neutral and of the object of neutrality. Finally, I argue for a broader account of the normative bases of liberal neutrality than the one proposed by Patten. This account includes, beyond considerations of fairness, a relational principle of equal standing.     

Fairness and equal recognition

An important contribution of Alan Patten’s Equal Recognition is the conception of neutrality that grounds his defence of minority cultural rights. Built in to his conception of neutrality of treatment is a notion of ‘fairness’ whose effect is to provide an upfront, across the board limitation on the demands cultural minorities may legitimately make on the rest of society. There must be limits on the duty to accommodate, but it obscures more than it illuminates to build this into the content of the right to equal recognition itself. We see more clearly what is at stake in these conflicts by articulating the value of self-determination independently and taking account of necessary limits to its satisfaction as part of a second-stage analysis of what duties may be claimed and against whom. Familiar principles of discrimination law exemplify this alternative model. This presents the interest in self-determination more robustly, while acknowledging that the claims of duty arising out of it are defeasible. The result is a more flexible and nuanced exploration of the complex moral issues involved when fundamental interests clash.     

美国气候战略及中美气候合作北大核心

当前全球气候危机加速演进,气候变化与国际战略深度融合,全球气候治理进入大变局和秩序重塑的关键时期。美国拜登政府重启气候新议程,将气候变化议题提升至美国国家安全与外交政策的中心地位,其战略目标是在全球气候权力重组、气候安全体系重构、气候治理秩序重塑中争夺主导权,拜登政府的气候战略框架已基本成型。统筹应对美国气候战略竞争风险和深入推进COP26后中美气候外交,关系到国际安全体系与全球气候治理新秩序的构建。中美唯有良性互动、拓展合作空间才能维护国际安全及人类在21世纪的可持续发展。