虽然对德沃金完全基于美国语境的基本权利讨论也并非完全赞同,或者说你美的实际上并非按照他理想中那样运作这件事让他的理论显得太理想。不过他拿 Chicago Seven 举例,批判所谓第一修正案保护的言论自由应该是 free to express these dissenters' principles in a non-provocative way 的时候,还是挺好用的。
If the point of the right is to protect the dignity of dissenters, then we must make judgments about appropriate speech with the personalities of the dissenters in mind, not the personality of the silent majority for whom the law is no restraint at all.
Feminist theory reading
In reality, which this difference approach is not long on because it is liberal idealism talking to itself, virtually every quality that distinguishes men from women is already affirmatively compensated in this society.
Men’s physiology defines most sports, their needs defines auto and health insurance coverage, their socially designed biographies define workplace expectations and successful career patterns, their perspectives and concerns define quality in scholarship, their experiences and obsessions define merit, their objectification of life defines art, their military service defines citizenship, their presence defines family, their inability to get along with each other - their wars and rulerships - defines history, their image defines god, and their genitals define sex.
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