時 間：2009年11月13日 晚上六點～九點半
地 點：東吳大學外雙溪校區第二教研大樓十樓
傅正研討室（D1002教室）
報告人：黃嵩立老師（陽明大學公共衛生學科暨研究所教授）
內 容：Thomas W. Pogge, “World poverty and human rights: cosmopolitan responsibilities and reforms” 2008 導論、第一章 p.1~57
1. The common moral acceptance of existing global order is incompatible with the moral convictions about interpersonal morality and domestic justice.
(A) Approach 1: human rights and moral theorizing
(B) Approach 2: modest global institutional reforms
2. Although slavery and colonialism has been outlawed, great disparity exists, and many are living in poverty and difficulties. Premature death, exploitation, abuse.
3. 並不是做不到Shifting 1/70 of the rich country expenditure ($300 billion) will help the 2.5 billion escape severe poverty. 但差距持續增加
4. Questions:
(A) How can severe poverty persist despite the economic progress and moral norms and values of the west?
(B) Why do citizens of the affluent Western states not find it morally troubling? (that a world heavily dominated by us burdens so many people with such deficient starting positions) not enough to warrant serious moral reflection
(C) Answers
i. 唯物史觀: 並沒有真的進步, 只是生產方式改變了 (debt slavery)
ii. 我們很少聽到不同意見 (or 認識貧窮國度的人)
iii. The strong and rich (corporation, states) try to avoid complying with the moral norm. (morality avoidance)
5. Four easy reasons to ignore world poverty
(A) Futility: the task cannot be done, useless with previous ODA,…etc. Previous failure deserves care, but does not lead to the conclusion of futility. Other methods not explored (debt, other negative duties, e.g. stop exploitation)
(B) Jeopardy: the problem is so gigantic that it cannot be eradicated at a cost the rich societies could bear: the rich will become very poor. But $300 billion is under 1% of expenditure by the rich.
(C) Perversity: preventing poverty deaths is counterproductive because it will lead to overpopulation and more death in the future
(D) Optimistic belief (without effort): this view sustained by economists defining and measuring poverty in ways that show improvement (such as advocates of benefits of globalization)
6. Why it is morally acceptable to be acquiescent (默許)
(A) Failing to save lives is not morally the same as killing
i. Agree that there is a difference
ii. I invoke human rights and justice for the limited purpose of supporting negative duties
(B) People give priority to their compatriots (because our responsibility is to one another)
i. I argue that the existence of an adversarial system can justify prioritizing fellow-members and group interest only if the institutional framework structuring the competition is minimally fair (參考 p.102: minimal requirements on national economic order 兩條件: 1. Social rules should be liable to peaceful change by any large majority of those on whom they are imposed. 2. Avoidable life-threatening poverty must be avoided.)
ii. When it comes to harming, the priority of the near and dear gives out
(C) Poverty is caused by national factors, and not by elements of the global institutional order
7. Negative duties invoking a diachronic conception of harm: WTO made some things worse, compared to previous situation (tariffs, open market, agricultural subsidies, generic medicine)
8. Negative duties invoking a subjunctive conception of harm: even if our new economic order were really reducing the misery of poor people, it could still be harming them (類比, 對奴隸好一點, 蓄奴仍然不對; 但如何找到可資比較的假設狀況?) Any institutional design is unjust when it foreseeably produces an avoidable human rights deficit. (human rights thus furnish a necessary, not a sufficient, condition of social justice)
9. Only the best feasible treatment qualifies as non-harmful? 不盡然, 因為
(A) We are harming the global poor only if your conduct sets back their most basic interest (human rights deficits)
(B) Only on human rights deficits traceable to social institutions
(C) On to those who actively cooperate in designing or imposing
(D) Only when it is foreseeable that this order gives rise to HR deficits
(E) HR deficits must be avoidable (feasible alternative design of less harm)
(F) The avoidability must be knowable
I limit compensatory duties to the amount of harm one is responsible for by cooperating in the imposition of an unjust institutional order.
10. Instillation of oppressive rulers, borrowing privilege, resource privilege,…by giving repressive rulers a source of revenues and providing incentives to try to seize political power by force.
Chapter 1 Human flourishing and universal justice
1. 政治討論: formulating a criterion of justice, which assesses the degree to which the institutions of a social system are treating the persons and groups they affect in a morally appropriate (even-handed) way; 以human flourishing 為目標
2. “social institutions” may have a significant impact on present non-participants: justice of an institutional order depend in part on its treatment of outsiders
3. Global institutional order and institutional interconnections in the age of globalization
4. We must aspire to a single, universal criterion of justice which all can accept, while respecting autonomy – the shared idea of justice should be compatible with a significant diversity of national institutional schemes and ways of life
5. Paternalistic 不可避免, 但是
(A) Work with a thin conception of human flourishing, formulated largely in terms of unspecific means to human flourishing
(B) The universal criterion ought to be modest (不是 highest attainable, 而是 solid threshold…to treat the persons affected by them in a minimally decent and equitable way)
(C) Should not be understood as exhaustive 各國可以有更高標準
(D) The requirements of the universal criterion should be understood as preeminent within any more ambitious national criterion.
6. Basic goods…in different institutional orders…needed to develop and realize a conception of a personally and ethically worthwhile life. Three questions:
(A) How should these goods be defined? Rawls, Dworkin, Scanlon, Sen.
i. Only essential goods
ii. The demand should be limited both quantitatively and qualitatively to a minimally adequate share.
iii. The access to the basic goods, rather than the goods themselves.
iv. Basic goods should be limited probabilistically (reasonably rather than absolutely secure access)
(B) How should the chosen basic goods be integrated into one measure of a person’s standard of living? – for pragmatic reasons ..to construct international standard of living as a numerical measure with a threshold
(C) How should the measurements of the standards of living of the various affected persons and groups be integrated into one overall measure for the justice of social institutions?
7. Six basic ways for the social institution to have shortfalls:
(A) The shortfall is officially mandated (by the law)
(B) Legally authorized conduct of private subjects
(C) Social institutions foreseeably and avoidably engender the shortfall through the conduct they stimulate
(D) Legally prohibited but barely deterred
(E) Avoidably leaving unmitigated the effects of a natural defect
(F) Avoidably leaving unmitigated the effects of a self-caused defect
8. 指出三個必須考慮的面向:
(A) What matters is not merely the causal role of social institutions, but also the implicit attitude of social institutions to the shortfall in question.
(B) The social cost that would arise from the institutional avoidance of a morally significant basic-good shortfall.
(C) Anonymity condition: 看似平等, 但如果集中在某一群人, 就不能用此原則 (認為 誰受害 morally irrelevant)
9. A complex and internationally acceptable core criterion of basic justice might best be formulated in the language of human rights.
10. Institutional understanding:
(A) Conceive human rights primarily as claims on coercive social institutions and secondarily as claims against those who uphold such institutions.
(B) A human right to X entails the demand that, insofar as reasonably possible, any coercive social institutions be so designed that all human beings affected by them have access to X.
i. More compatible with communitarians and non-Western societies, compared with framing human rights as legal rights for individuals
ii. Legal rights (to realize human rights) do not need to have the same content as the HR they help realize. (e.g., laws related to HR to adequate nutrition: land, education, loans, etc.)
iii. 法律不見得需要, 如果社會有充分共識 (e.g., 信仰自由)
11. The concepts of HR I am proposing are primarily addressed not to a government and its agents, but rather to the institutional structure of a society (or other comprehensive social system). 強調global factors
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