[N]or shall any person . . . be deprived of life, liberty, or property, without due process of law . . .
No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.
Today is the first time, so far as I am aware, that we have sustained a substantial restriction of the personal liberty of citizens of the United States based upon the accident of race or ancestry. Under the curfew order here challenged no less than 70,000 American citizens have been placed under a special ban and deprived of their liberty because of their particular racial inheritance. In this sense it bears a melancholy resemblance to the treatment accorded to members of the Jewish race in Germany and in other parts of Europe. The result is the creation in this country of two classes of citizens for the purposes of a critical and perilous hour-to sanction discrimination between groups of United States citizens on the basis of ancestry. In my opinion this goes to the very brink of constitutional power.
We are not unmindful of the hardships imposed upon a large group of American citizens. But hardships are part of war, and war is an aggregation of hardships. All citizens alike, both in and out of uniform, feel the impact of war in greater or lesser measure.0 q# k3 y6 N# S% V6 h; b( K3 y
To cast this case into outlines of racial prejudices confuses the issue. Korematsu was not excluded from the West Coast because hostility to his race, but because the military authority decided that the urgency of the situation demanded that all citizens of Japanese ancestry be segregated from the area. We cannot by availing ourselves of the calm perspective of hindsight -- now say that at that time these actions were unjustified.
I dissent, therefore, from this legalization of racism. Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way of life. It is unattractive in any setting, but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the United States. All residents of this nation are kin in some way by blood or culture to a foreign land. Yet they are primarily and necessarily a part of the new and distinct civilization of the United States. They must, accordingly, be treated at all times as the heirs of the American experiment, and as entitled to all the rights and freedoms guaranteed by the Constitution.
Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that apart from the matter involved here he is not law abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived. [...] [H]is crime would result, not from anything he did, said, or thought, different than they, but only in that he was born of different racial stock. Now, if any fundamental assumption underlies our system, it is that guilt is personal and not inheritable. Even if all of one's antecedents had been convicted of treason, the Constitution forbids its penalties to be visited upon him. But here is an attempt to make an otherwise innocent act a crime merely because this prisoner is the son of parents as to whom he had no choice, and belongs to a race from which there is no way to resign. If Congress in peace-time legislation should enact such a criminal law, I should suppose this Court would refuse to enforce it.
电车难题(The Trolley Problem)5 g" y" u5 ~/ s
“电车难题”是伦理学领域最为知名的思想实验之一,其内容大致是:一个疯子把五个无辜的人绑在电车轨道上。一辆失控的电车朝他们驶来,并且片刻后就要碾压到他们。幸运的是,你可以拉一个拉杆,让电车开到另一条轨道上。但是还有一个问题,那个疯子在那另一条轨道上也绑了一个人。考虑以上状况,你应该拉拉杆吗?, [& P o+ Y1 ~: I. i
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解读:3 Q, w, m# J( C- W4 y) F2 b
电车难题最早是由哲学家Philippa Foot提出的,用来批判伦理哲学中的主要理论,特别是功利主义。功利主义提出的观点是,大部分道德决策都是根据“为最多的人提供最大的利益”的原则做出的。从一个功利主义者的观点来看,明显的选择应该是拉拉杆,拯救五个人只杀死一个人。但是功利主义的批判者认为,一旦拉了拉杆,你就成为一个不道德行为的同谋——你要为另一条轨道上单独的一个人的死负部分责任。然而,其他人认为,你身处这种状况下就要求你要有所作为,你的不作为将会是同等的不道德。总之,不存在完全的道德行为,这就是重点所在。许多哲学家都用电车难题作为例子来表示现实生活中的状况经常强迫一个人违背他自己的道德准则,并且还存在着没有完全道德做法的情况。
定时炸弹(The Ticking Time Bomb)
如果你关注近几年的政治时事,或者看过动作电影,那么你对于“定时炸弹”思想实验肯定很熟悉。它要求你想象一个炸弹或其他大规模杀伤性武器藏在你的城市中,并且爆炸的倒计时马上就到零了。在羁押中有一个知情者,他知道炸弹的埋藏点。你是否会使用酷刑来获取情报?
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与电车难题类似,定时炸弹情景也是强迫一个人从两个不道德行径中选择的伦理问题。它一般被用作对那些说在任何情况下都不能使用酷刑的反驳。它也被用作在极端形势下法律——就像美国的严禁虐囚的法律——可以被放在第二位的例子。归功于像《24小时》的电视节目和各种政治辩论,定时炸弹情景已成为最常引用的思想实验之一。今年早些时候,一份英国报纸提出了更为极端的看法。这份报纸提议说,如果那个恐怖分子对酷刑毫无反应,那么当局者是否愿意拷打他的妻子儿女来获取情报。
Pipilu 发表于 2014-8-1 05:48! K) p5 B& V8 m5 e8 A; p* D
感觉这个有点像电车难题或者定时炸弹,不存在完全的道德行为,对实用主义者,两害相权取其轻。
另外歪楼一 ...
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Dracula 发表于 2014-8-1 13:21& o, S2 e8 t7 [: ~# C
关于用刑的问题。如果是在最最极端的情况下,获得某一信息就会避免惨案,我们确定只有用刑才会获得这一信 ...
cadgn 发表于 2014-8-6 14:47$ o0 f% P# T. a! I6 K/ h$ L/ d
电车问题有个细节很重要的:杀人的直接原因是因为主动作为,还是因为“不作为”?
大部分人不能接受因为 ...
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