哈佛公开课-公正课中英字幕 - 第二课-食人惨案

第二讲 《食人惨案》

不得不那样做 是吗\\You have to do what you have to do?

差不多吧 不得已而为之\\You got to do what you got to do pretty much.

如果你已经19天没有进食\\If you've been going 19 days without any food you know 那么总得有人要作出牺牲\\someone just has to take the sacrifice.

有了他的牺牲 其他人才能活下来\\Someone has to make the sacrifice and people can survive.

很好 你叫什么名字\\Alright that's good. What's your name?

-马库斯 -你有什么话要对马库斯说吗\\- Marcus. - Marcus what do you say to Marcus? 上一次 我们以几个故事开头\\Last time we started out last time with some stories 几个在道德上两难的例子\\with some moral dilemmas 有电车事故的例子\\about trolley cars

也有器官移植医生\\and about doctors and healthy patients

手握健康病人生杀大权的例子\\vulnerable to being victims of organ transplantation.

在讨论中我们注意到两点\\We noticed two things about the arguments we had 一点与我们的讨论方式有关\\one had to do with the way we were arguing.

我们首先在特定情况下作出判断\\We began with our judgments in particular cases. 然后试图阐明作出这些判断的\\We tried to articulate the reasons or the principles 理由或原则\\lying behind our judgments.

当我们面临新的情况时\\And then confronted with a new case

我们重新检验这些原则\\we found ourselves reexamining those principles 根据新的情况修正这些理由或原则\\revising each in the light of the other. 然后我们发现\\And we noticed the built in pressure

要在特定案例之下 自圆其说我们的判断\\to try to bring into alignment our judgments about particular cases

校正我们一再确认的原则 难度越来越大\\and the principles we would endorse on reflection.

我们也注意到了这些争论的本质\\We also noticed something about the substance of the arguments

已经初见端倪\\that emerged from the discussion.

我们发现有时 我们倾向于\\We noticed that sometimes we were tempted to

依据行为所产生的后果\\locate the morality of an act in the consequences in the results

以及对外界的影响 判断其是否道德\\in the state of the world that it brought about. 我们称之为后果主义道德推理\\And we called this consequentiality moral reasoning.

同时注意到 在某些情况下\\But we also noticed in some cases

不仅行为的后果会使我们动摇\\we weren't swayed only by the result.

有时 我们中许多人认为行为的后果固然重要\\Sometimes many of us felt that not just consequences

但行为的道德本质或是特性 也同样重要\\but also the intrinsic quality or character of the act matters morally. 有些人认为\\Some people argued

某些行为反正就是绝对错误的\\that there are certain things that are just categorically wrong

即便该行为产生了好的结果\\even if they bring about a good result

即便能牺牲一人挽救五人性命\\even if they saved five people at the cost of one life.

从而对比了后果主义与绝对主义道德原则之间的差别\\So we contrasted consequentiality moral principles with categorical ones. 从今天到接下来的几天里 我们将要剖析\\Today and in the next few days we will begin to examine

后果主义道德理论中最具影响的一个版本\\one of the most influential versions of consequentiality moral theory.

即功利主义哲学\\And that's the philosophy of utilitarianism.

杰里米·边沁 18世纪英国政治哲学家\\Jeremy Bentham the 18th century English political philosopher

首次对功利主义道德论做出了系统的定义\\gave first the first clear systematic expression to the utilitarian moral theory

边沁的核心观点非常简单\\And Bentham's idea his essential idea is a very simple one.

充满了道德上的直观感染力\\With a lot of morally intuitive appeal 其观点如下\\Bentham's idea is the following

正确的选择 公正的选择\\the right thing to do; the just thing to do 就是最大化功利\\is to maximize utility.

那这个\功利\是什么意思呢\\What did he mean by utility? 他认为功利等于快乐减去痛苦\\He meant by utility the balance of pleasure over pain 功利主义认为快乐和痛苦都是可以计算的

幸福减去苦难\\happiness over suffering.

在此基础上他提出了功利最大化的原则\\Here's how he arrived at the principle of maximizing utility.

边沁通过观察得出\\He started out by observing that all of us

所有人类均受两大至高无上的因素所支配\\all human beings are governed by two sovereign masters:

痛苦与快乐\\pain and pleasure.

人的本性就是趋乐避苦的\\We human beings like pleasure and dislike pain. 所以我们应以道德为基准\\And so we should base morality

不管是在考虑个人行为时\\whether we're thinking about what to do in our own lives 还是作为立法者或普通公民\\or whether as legislators or citizens 考虑如何立法时\\we're thinking about what the laws should be. 于公于私 最正确的选择都该是\\The right thing to do individually or collectively

is

制作人：心舟 QQ:1129441083

即为全方位地最大化地提升幸福\\to maximize act in a way that maximizes the overall level of happiness.

边沁的功利主义有时被总结为一句口号\\Bentham's utilitarianism is sometimes summed up with the slogan

为最多的人谋求最大的幸福\\\The greatest good for the greatest number.\有了这条最基本的功利原则\\With this basic principle of utility on hand 让我们检验一下这条原则\\let's begin to test it and to examine it 是否适用于另一案例\\by turning to another case another story

而这一次 就不再是假定的事件了\\but this time not a hypothetical story 是个真实的故事\\a real life story

女王诉达德利和斯蒂芬斯案\\the case of the Queen versus Dudley and Stevens. 这是19世纪英国的一则法律案例\\This was a 19th century British law case

众多法学院争论不休的著名案例\\that's famous and much debated in law schools. 这则案例是这样的 我先概述一下\\Here's what happened in the case. I'll summarize the story

然后假设你们就是陪审团 会怎么来裁定\\then I want to hear how you would rule imagining that you were the jury.

当时的报纸是这么描述事件背景的\\A newspaper account of the time described the background.

最惨绝人寰的海难\\A sadder story of disaster at sea

\木犀草号\幸存者的骇人经历\\was never told than that of the survivors of the yacht Mignonette.

他们的船在南大西洋\\The ship floundered in the South Atlantic 距好望角1300英里处沉没了\\1300 miles from the Cape.

全体船员一行四人 达德利是船长\\There were four in the crew Dudley was the captain

斯蒂芬斯是大副 布鲁克斯是水手\\Stevens was the first mate Brooks was a sailor 都是品德高尚的人 至少报上是这么说的\\all men of excellent character or so the newspaper account tells us.

第四名船员是船上的侍者\\The fourth crew member was the cabin boy 理查德·派克 17岁\\Richard Parker 17 years old.

他是孤儿 没有家人\\He was an orphan he had no family

这是他首次出海远航\\and he was on his first long voyage at sea.

据报道 他不顾朋友的反对\\He went the news account tells us rather against the advice of his friends.

带着充满希望的野心\\He went in the hopefulness of youthful ambition

憧憬此次征程能将他铸造成为男人\\thinking the journey would make a man of him. 然而事与愿违\\Sadly it was not to be.

这则案例的实际情况毫无争议\\The facts of the case were not in dispute. 大浪导致翻船 \木犀草号\沉没\\Wave hit the shipand Mignonette went down. 四人逃上了救生艇\\The four crew members escaped to a lifeboat.

仅有的食物就是两罐腌萝卜 没有淡水\\The only food they had were two cans of preserved turnips no fresh water.

头三天 他们什么也没吃\\For the first three days they ate nothing.

第四天 他们开了一罐腌萝卜来吃\\On the fourth day they opened one of the cans of turnips and ate it.

第五天 他们抓到了一只海龟\\The next day they caught a turtle. 就着另一罐腌萝卜\\Together with the other can of turnips

这只海龟让他们又撑了几天\\the turtle enabled them to subsist for the next few days.

随后的八天内 他们弹尽粮绝了\\And then for eight days they had nothing. 没有食物和饮用水\\No food. No water.

想象一下如果你是当事人 你会怎么做\\Imagine yourself in a situation like that what would you do?

他们是这样做的\\Here's what they did.

现在派克正蜷缩在救生艇的角落\\By now the cabin boy Parker is lying at the bottom of the lifeboat in the corner

因为他不顾众人劝阻饮用了海水\\because he had drunk seawater against the advice of the others

他生病了 而且似乎快死了\\and he had become ill and he appeared to be dying. 在第19天 船长达德利\\So on the 19th day Dudley the captain

建议大家应该抽签\\suggested that they should all have a lottery 通过抽签决定谁先死 来救其他的人\\that they should draw lots to see who would die to save the rest.

布鲁克斯拒绝了 他不赞成抽签\\Brooks refused. He didn't like the lottery idea. 不知道他是因为不愿意冒这个险呢\\We don't know whether this was because he didn't want to take the chance

还是因为他信奉绝对主义道德原则\\or because he believed in categorical moral principles.

反正最终没有进行抽签\\But in any case no lots were drawn.

又过了一天 依然没有船只的影子\\The next day there was still no ship in sight 于是达德利叫布鲁克斯转过头去\\so Dudley told Brooks to avert his gaze

并示意斯蒂芬斯 最好杀掉派克\\and he motioned to Stevens that the boy Parker had better be killed.

达德利为派克做了祷告 并告诉派克他的时辰到了\\Dudley offered a prayer he told the boy his time had come

然后就用小刀割破他的颈静脉杀死了他\\and he killed him with a pen knife stabbing him in the jugular vein.

虽然良心上极力拒绝 但布鲁克斯\\Brooks emerged from his conscientious objection

最终还是加入了这骇人的\盛宴\to share in the gruesome bounty. 整整四天 他们三个\\For four days the three of them

靠派克的尸体和血液为食\\fed on the body and blood of the cabin boy. 真实的故事 最后他们得救了\\True story. And then they were rescued.

达德利日记里描述的得救情形 委婉得让人震惊\\Dudley describes their rescue in his diary with staggering euphemism.

他写道 第24天 我们正在吃早餐\\Quote \On the 24th day as we were having our breakfast

终于有船来了\\a ship appeared at last.\

一艘德国船搭救了这三名幸存者\\The three survivors were picked up by a German ship.

把他们带回了英国的法尔茅斯\\They were taken back to Falmouth in England 并在那被逮捕 接受审判\\where they were arrested and tried.

布鲁克斯成了目击证人 达德利和斯蒂芬斯则成了被告\\Brooks turned state's witness. Dudley and Stevens went to trial.

他们对事实供认不讳\\They didn't dispute the facts.

但他们声称此行为是迫不得已\\They claimed they had acted out of necessity; 他们这样辩护\\that was their defense.

辩称\牺牲一人保全三人\是更好的结果\\They argued in effect better that one should die so that three could survive.

但控方并不为之所动\\The prosecutor wasn't swayed by that argument.

他认为谋杀就是谋杀 所以此案被送上法庭\\He said murder is murder and so the case went to trial.

现在假设你们就是陪审团\\Now imagine you are the jury. 为了简化讨论过程 撇开法律问题不谈\\And just to simplify the discussion put aside the question of law

假设你们作为陪审团 只需裁定\\let's assume that you as the jury are charged with deciding

他们的所作所为 在道德上是否是允许的\\whether what they did was morally permissible or not.

有多少会投\无罪\认为道德上是允许的\\How many would vote 'not guilty' that what they did was morally permissible?

多少会投\有罪\认为道德上是不允许的\\And how many would vote 'guilty' what they did was morally wrong?

绝大多数认为有罪\\A pretty sizeable majority.

现在来听听大家的理由\\Now let's see what people's reasons are

先从少数派开始\\and let me begin with those who are in the minority.

先听听为达德利和斯蒂芬斯作出的辩护\\Let's hear first from the defense of Dudley and Stevens.

你为什么会在道德上赦免他们\\Why would you morally exonerate them? 理由是什么 \\What are your reasons?

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