滕彪文集
[主页]->[独立中文笔会]->[滕彪文集]->[The Conundrum of Compromise/Robert Precht]
滕彪文集
·李和平等709律师被捕期间遭强迫灌药酷刑虐待
·李明哲案成陸對台籌碼
·川普政府吁中共尊重人权 学者促弃绥靖政策
·从709维权律师审判看盘古氏公司庭审秀 习近平是圣君还是反人类罪犯
· 纪念709,推动首届中国人权律师节
·709将成为〝中国人权律师节〞
·美港台人权组织设立709中国人权律师节
·Announcing the Inaugural China Human Rights Lawyers’ Day
·关于举办首届“中国人权律师节”活动的通告
·Why the West treats China with kid gloves
·首届中国人权律师节征集漫画、海报、短视频
·“访民困境与出路”研讨会
·美国CECC中国人权听证会:中共必须被公开羞辱
·Key Moments from CECC hearing “Gagging the Lawyers”
·Gagging the Lawyers: China’s Crackdown on Human Rights Lawyers and It
·多个人权组织及欧盟呼吁取消对刘晓波的限制/VOA
·709律师节与中国人权现况
·中国人权律师节启动 在笑与泪中纪念“709”两周年
·Chinese human rights lawyers remain defiant despite crackdown
·滕彪/夏业良漫谈法律与维权进程
· 萬人簽署08憲章,為什麼唯獨重判劉曉波
·709抓捕兩週年 律師籲持續國際施壓
·挽劉曉波聯
·The Political Meaning of the Crime of “Subverting State Power”
·滕彪/夏业良:公共知识分子和自由主义
·中国民主前路研讨会/RFA
·中国流亡律师滕彪,要做黑暗中的闪电
·Selected Publications/presentations as of 2017/8
·The Costs and Risks of Fighting for Human Dignity and Freedom
·China faces split into seven parts
· A Call for Investigation Into HNA Group’s Activities in the US and L
·王全璋律师竞逐郁金香人权奖:无畏强权 勇气与付出
·〝维稳〞维到联合国?人权观察批中共
·City of Asylum -Interview
·对中共的绥靖政策已致恶果浮现
·China’s top human rights lawyer in exile to speak at Saint Michael’s
·Activist expats raise voices on China rights crackdown
·A Human Rights Lawyer Lifts the Communist Party’s Spell
·Returning to Revolution
·One-man rule? China's Xi Jinping consolidates grip on power
·劉曉波對維權律師的關注
·滕彪:中国自由民权运动与习近平时代
·Kidnap, torture, exile: Dr. Teng Biao shares his story
·維權、佔中與公民抗命
·Arrested, Assaulted and Tortured: Exiled Human Rights Lawyer Details P
·滕彪律师评论郭文贵事件的意义
·Coercive Family Planning in Linyi
·Chinese lawyers hailed as “heroes for justice”
·THE PEOPLE’S REPUBLIC OF THE DISAPPEARED
·《失踪人民共和国》
·EXEMPLARY FIGURES REPORTED BY GARIWO
·在劫难逃
·李明哲案 滕彪:陸意圖影響台灣政治籌碼
·人权律师解密北京的"水晶之夜"
·李明哲案:臺灣退無可退
·作为人类精神事件的刘晓波之死
·北京驱逐"低端"人口的制度根源
·Atrocity in the Name of the Law
·学者解析中共执政密码
·暴行,以法律的名义
·人道中国十周年纪录短片
·“中华维权律师协会”评出十佳维权律师
·中国妇权成立十周年纪念
·武统狂言背后的恐懼
·以法律名義被消失,中華失踪人民共和國
·川普公布首批人权恶棍 滕彪:震慑中共
·「蚂蚁金服」在美并购遭拒 中国官媒指不排除反制措施
·CCP is taking China towards more and more Owellian state
·中国公民社会前景:乐观还是堪忧?
·中共渗透遭美欧澳等国谴责 专家析世界格局
·Laogai, le goulag chinois
·不反思計劃生育 中國就沒有未來
·中国:溃败与希望
·Conversation on China’s human right
·Draconic Restrictions on Uyghur Cultural And Religious Freedoms
·寧添十座墳,不添一個人
· the only way seems to become more dictatorial and oppressiv
·不管藍營綠營,面對的都是「集中營
·惠台政策还是经济统战?
·专访:用李明哲案件恐吓整个台湾
·習近平進一步向毛澤
·中共專制政權威脅全世界
·新戊戌变法的变与不变
·【Documentary】China: Spies, Lies and Blackmail
·No escape: The fearful life of China's exiled dissidents
·中国异议人士逃抵西方仍难脱离中共监控威胁
·The State of Human Rights Lawyers in China
·权益组织:电视认罪—一场中国官方导演的大戏
·温良学者 正义卫士(一)
·Has Xi Jinping Changed China? Not Really
·訪滕彪律師談中共政權對於全世界民主自由人權發展的負面影響
·中共绑架中国
·美国务院发布人权报告 点名批评中国等八国
·滕彪,温良学者 正义卫士(二)——发出不同的声音
·鸿茅药酒:中共制度之毒
·on televised confessions
·滕彪,温良学者 正义卫士(三)——挑战恶法 虽败犹荣
·温良学者 正义卫士(四)——铁骨也柔情
·温良学者 正义卫士(五)——黑暗中的闪电
·美两党议员推法案 要求调查中共渗透/NTD
·Video【Teng Biao: From 1989 to 1984】
[列出本栏目所有内容]
欢迎在此做广告
The Conundrum of Compromise/Robert Precht

   The Conundrum of Compromise
   
   18 May 2016
   Author: Robert Precht
   Category: Public Interest Law


   
   The American Bar Association Under Fire
   
   The controversy surrounding the American Bar Association’s decision not to publish the memoirs of famed human rights activist Teng Biao allegedly because it feared angering the Chinese government and jeopardizing its programs in the country points to a universal problem facing foreign businesses and organizations working in China. When are moral compromises appropriate?
   
   Varieties of Moral Compromise in China
   
   The need to make compromises arises in numerous contexts. Should scholars agree to not research certain subjects in order to get keep their visas to China? Should American universities agree to curtail academic freedom in order to have access to Chinese students? Should businesses agree to the forced turnover of intellectual property rights in order to enter into a joint agreement with state-owned Chinese companies?
   
   Moral compromise may be a fact of life, but it is a perilous door to open. All sorts of bad acts can be pushed through in the name of expediency. There needs to be some checkpoint at the door to determine when a moral compromise is reasonable and when it’s not.
   
   A Reasonable Test
   
   In cases where organizations make a moral compromise to continue doing business in China at least three factors should be considered to determine the reasonableness of the compromise. Essentially, it is a cost-benefit analysis. The critical feature is that it is a transparent process. The three factors are: (1) Degree of harm caused by the compromise. Is the organization directly or indirectly contributing to human rights violations and, if so, how severe is the violation? (2) Competing good protected by the compromise. Is the organization benefiting people by making the compromise? (3) Effect on organization's integrity. Is the compromise in question consistent or inconsistent with the organization’s mission?
   
   Case Study: Google
   
   Scholar George C. Brenkert examined this question in the context of Google’s experience in China in the early 2000s. Google agreed to Chinese government demands that it filter out search results of sensitive topics making it impossible for Chinese users to find links to topics such as the Tiananmen massacre or Falun Gong. Brenkert found that Google was obediently complicit in a human rights violation by assisting the Chinese government to restrict the free flow of information. Nevertheless, Brenkert concluded that the compromise was reasonable. The harm to Chinese citizens was real but relatively slight -- they were prevented from obtaining information but nobody’s physical freedom was at stake. The competing good protected by the compromise was great. Google is a global company, and by acceding to the government’s demand it was protecting its ability operate in a hugely important market. As to integrity, although Google’s mantra is “Don’t be evil,” the compromise in question was not inconsistent with its overall integrity as a for-profit company. Finally, Google attempted to mitigate the damage cause by filtering search results on the mainland by providing an alternate, unfiltered search engine in Hong Kong that Chinese users could access.
   
   Transparency and Accountability
   
   Reasonable people can disagree whether a given compromise is justified. The virtue of having explicit factors to weigh is that it makes the compromise process transparent and subject to analysis. Without standards, organizations and businesses can just say, in effect, we considered all the factors and decided the compromise was warranted. The problem with that approach is that it allows organizations to escape accountability for actions that arguably hurt human rights in China.
(2016/05/20 发表)
blog comments powered by Disqus

©Boxun News Network All Rights Reserved.
所有栏目和文章由作者或专栏管理员整理制作,均不代表博讯立场