【英文原声版35】Mathias Risse: The Universal Declaration of Human Rights

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How did the idea of rights emerge in history?

历史上权利这个概念是如何出现的?

Zachary Davis: In the latter half of 1945, much of the world was both devastated and relieved. In September of that year, the largest war in history, World War II, was over. With more than 70 million lives lost, it was also the deadliest war in history.

扎卡里·戴维斯：1945年下半年，全世界大部分地区硝烟渐熄，满目疮痍。那年九月，史上最大规模的战争——第二次世界大战结束了。这是人类史上死亡人数最多的一场战争，七千多万人失去了生命。

Zachary Davis: Nazi Germany was in the process of eliminating the Jewish population of Europe in a genocide called the Holocaust. Over six years, most of the world became involved in the war. The world powers at the time were grouped into two opposing sides: the Axis powers, made up of Germany, Italy and Japan, and the Allies, also called the United Nations: the United States, The Soviet Union, China, and the United Kingdom.

扎卡里·戴维斯：二战时期，纳粹德国对欧洲的犹太人展开了种族大屠杀。六年间，世界上大部分地区都卷入了这场战争。当时的世界大国分为两个对立的阵营：一方是由德国、意大利和日本组成的轴心国；另一方是由美国、苏联、中国和英国组成的同盟国，又称“反法西斯联盟”。

Zachary Davis: Before the end of the war, the four United Nations were discussing the postwar world. They wanted to figure out a way to disarm aggressor states, and prevent such events from happening in the future. After the war, the United Nations became a formal international organization and was made up of 51 original founding countries.

扎卡里·戴维斯：二战结束前夕，同盟国四国一直在讨论如何重建战后的世界。他们想要裁减轴心国的军事武装力量，防止未来发生类似的战争。战后，联合国成为正式的国际组织，有51个创始成员国。

Zachary Davis: In 1948, the United Nations presented a document that outlined the human rights every person in the world is entitled to. This document was calledthe Universal Declaration of Human Rights.

扎卡里·戴维斯：1948年，联合国颁布了一份文件，明确了世界上每个人都应当享有的权利。该文件被命名为《世界人权宣言》。

Mathias Risse: Basically, it is the central document, the meaning-fixing document, the historic anchor of the human rights movement as we know it. And it's one of the truly stage-setting texts of the 20th century that really had an enormous influence on what human beings do for each other and how states and other powerful actors are being held accountable, and on just how politics is assessed domestically and internationally around the world.

马蒂亚斯·里塞：这份宣言意义重大，确定了人权的内涵，是人权史上的里程碑。它是20世纪的重要之作，极大地影响了很多方面，比如人与人之间的关系、国家等国际社会主体如何承担责任以及如何进行国内与国际政治评估。

Mathias Risse: My name is Mathias Risse. I'm the Lucius Littauer Professor of Philosophy and Public Administration, as well as the Director of the Carr Center for Human Rights Policy at the John F. Kennedy School of Government at Harvard University.

马蒂亚斯·里塞：我叫马蒂亚斯·里塞，是哈佛大学哲学与公共政策方向的教授，也是哈佛大学肯尼迪政府学院卡尔人权政策中心的主任。

Zachary Davis: This document has inspired human rights movements around the globe, and gave the world something tangible to strive for.

扎卡里·戴维斯：这份宣言激励了全世界人权运动的开展，也向世人展现了切实的奋斗目标。

Mathias Risse: There has never been a document quite like this. So this is a document that formulates a vision at the global level, something that should be accessible, intelligible, subscribable for everybody, regardless of their religious, metaphysical or otherwise philosophical background. It's meant to be a genuine unifying document around the dignity of every person, no matter what your background otherwise.

马蒂亚斯·里塞：从来没有哪份文件能像这样号召着世界上所有人。这份宣言中的美好愿景适用于全世界人民，不论其宗教信仰与政治立场如何，都应当了解并享有这些权利。它旨在切实保护每个人的尊严，不论其出生于何种背景。

Zachary Davis: Welcome to Writ Large, a podcast about how books change the world. I’m Zachary Davis. In each episode, I talk with one of the world’s leading scholars about one book that changed the course of history. For this episode, I sat down with Professor Mathias Risse to discuss the Universal Declaration of Human Rights. Can you take us through a brief history of how the idea of rights emerged over time?

扎卡里·戴维斯：欢迎收听：100本改变你和世界的书，在这里我们为大家讲述改变世界的书籍。我是扎卡里·戴维斯。每一集，我都会和一位世界顶尖学者探讨一本影响历史进程的书。在本集，我和马蒂亚斯·里塞教授一起讨论《世界人权宣言》。您能否简单介绍一下历史上权利这个概念是如何出现的？

Mathias Risse: So before we get to talk about so-called natural rights, we have to talk about natural law. The idea of natural law is that there is something about the infrastructure of the world. So just like there is laws of physics. So there is also moral laws that are built in it because the world just is that way or, normally in a more religious and a monotheistic context, like Christianity in particular, God created the world that way. God made the right this way that there was a natural law. And again, one version of that is moral law.

马蒂亚斯·里塞：在谈论自然权利之前，有必要先来谈谈自然法。自然法的提出者认为，人类社会存在一套基本法则，就像物质世界存在一套物理法则一样。世界上有一套内在的道德法则，比如在某些神学观点中，世界就是围绕一套法则来运转的。基督教便认为，上帝按照某种法则创造了世界，赋予了人们某种权利，自然法由此而生，其中一种形式就是道德法则。

Mathias Risse: At some point in the late middle and the high Middle Ages, late Middle Ages, early modern time, there was a process of emancipation of individuals such that the point wasn't so much more that there’s some abstract rightness and wrongness out in the world as it was captured by natural law, but instead that individual persons had claims against the world around them, especially against political structures around them.

马蒂亚斯·里塞：到了中世纪末期以及近代早期，个体逐渐得到了解放，不再遵从自然法理论所说的、人类社会的抽象道德准则，而开始反对所处的环境，尤其是当时的政治结构。

Mathias Risse: So in that sense, so natural rights are kind of subjective versions, subjective, not as open to opinion, but pertaining to the subject pertaining to the person, that kind of version of natural law, which again, is a phenomenon or symptom of emancipation of the individual against political structures.

马蒂亚斯·里塞：所以从这个意义上讲，自然权利是主体层面的自然法，这指的不是自然权利与人们的主观看法有关，而是指自然权利关系到每一个作为主体的个体，或者说个人。这表明，个体开始从政治结构的束缚中解放出来。

Zachary Davis: This new concept of individual natural rights continued to persist through the centuries. Emancipating the individual against political structures became the backbone of thought in both the American Revolution and the French Revolution.

扎卡里·戴维斯：几百年间，这种新的属于个体的自然权利思想被一直推崇。解放思想、反对君主专制成为美国独立战争和法国大革命的思想主题。

Mathias Risse: So the natural rights surface very much in the 18th century when we get things in particular, like the American Declaration of Independence and the American Constitution. Within a few years of that, then we're also getting the French Declaration of the Rights of Man and the Citizen. And that's really, so at this stage in the Enlightenment, this thought of natural rights really comes into its own.

马蒂亚斯·里塞：自然权利思想在18世纪被频频提及，在美国《独立宣言》和美国宪法中便可见一斑。几年之后的法国《人权和公民权宣言》也体现了这一思想。因此，可以说直到启蒙运动时期，自然权利的思想才脱离了自然法，开始单独存在。

Mathias Risse: So several hundred years after the inception, this emancipation of individuals, of individual human being, of personhood, that the natural rights process as such started really comes to fruition in the Enlightenment era and then leads to these early declarations of rights.

马蒂亚斯·里塞：因此，在个体解放思想提出的数百年后，启蒙运动时期，争取自然权利的政治运动逐渐成功，这些早期的权利宣言也应运而生。

Zachary Davis: As awareness surrounding individual natural rights evolved, people banded together to ensure these rights were protected on an ongoing basis.

扎卡里·戴维斯：人们的自然权利意识渐渐增强，开始共同努力，确保这些权利能一直得到保障。

Mathias Risse: Gradually, it began in the late 18th century. And then throughout the 19th century, we’re getting more political activism also outside of established political structures. So you’ll find people getting together. They are forming their own movements, they’re forming their own organization to pursue moral goals as individuals, getting together and wanting to extend certain protections also to others. Often in very issue specific domains.

马蒂亚斯·里塞：18世纪后期以及整个19世纪，人们不仅建立了新的政治体制，还开展了其他政治活动。你会发现人们集会结社，开展运动，旨在实现某种道德目标，让更多群体享有某种保护与权利。这些运动往往出现在特定的领域。

Mathias Risse: So they this sounds more abstractly than it is. So the first movement of that sort actually is the anti-slavery society that emerges in England then in the late 18th century.

马蒂亚斯·里塞：它们其实没有听上去这么抽象。第一个这类的运动就是18世纪后期英国的废奴运动。

Zachary Davis: The anti-slavery movement of the 18th century was founded on the principles that everybody has a certain set of rights, specifically the right not to be enslaved. They believed everyone had the right to liberty and the right to a self-determined life.

扎卡里·戴维斯：18世纪的废奴运动建立在这样一个思想之上：每个人都享有某些权利，尤其是不受奴役的权利。废奴主义者认为，人人都有权享有自由，都有权主宰自己的生活。

Mathias Risse: And then throughout the 19th century, you have other movements like that where people are formulating their shaping-up rights of talking, they're formulating rights for particular groups and they're getting organized around pushing these interests often in transnational ways. So we get the labor movement.

马蒂亚斯·里塞：纵观整个19世纪，还有其他类似的运动。人们在这些运动中阐明自己的言论自由权与某些特定群体的权利，并且常常联合其他国家的运动者一起争取这些权益。于是工人运动应运而生。

Mathias Risse: And so we get this massive industrialization. And beginning in the 18th century and into the 19th century, the working class quickly loses out and they're getting organized. They’re getting organized transnationally. And they're not always framing their concerns in terms of rights, but there is versions of that where they say, look, we have certain rights as laborers, as members of the workforce.

马蒂亚斯·里塞：当时我们开始步入大规模工业化的时代。18、19世纪，工人阶级饱受压迫，于是全世界的工人阶级联合了起来。在宣扬自己的诉求时，他们并不会总是诉诸权利，但他们会时不时地这么做，比如会说，自己作为劳动者理应享有某些权利。

Mathias Risse: And so you have a number of other things done in the 19th century, the women's emancipation movement. Women want to be of equal standing politically and in ownership arrangements to men. And think of the Red Cross and the larger humanitarian context in the late 19th century, where the idea is that those who are losing out most in in warfare, they need to be protected. Prisoners of war need to be protected. Civilians and war need to be protected. The wounded need to be protected. And so there’s the kind of humanitarian version of law thinking.

马蒂亚斯·里塞：19世纪还有许多其他运动，其中之一便是妇女解放运动，旨在为女性争取与男性同等的参政权。19世纪后半期，人们还创建了红十字会，开展了其他更多人道主义运动。这些运动旨在保护战争中的弱势群体，如战俘、平民、伤员等等。于是出现了一些人道主义的法律观念。

Mathias Risse: And so we have these various particular niches and branches of rights thinking that becomes quite strong in the 19th century. And that leads in the 20th century then to this umbrella thinking. And so we can’t just think about protection of individuals in terms of niche specific domain specific protections.

马蒂亚斯·里塞：我们有了这些关于人权的种种思想流派和思潮。这些思想在19世纪不断发展，并在20世纪汇聚到了“人权”这个总称之下。所以我们不能仅仅局限于某一个领域去谈如何保护个体。

Mathias Risse: But we need to think of human beings as such, being protected in a range of ways. And of course, this isn’t happening in the 20th century before the background of completely calamitous breakdowns of order. So the two world wars, the Great Depression. So there is levels extensive vulnerability that makes this thought that individuals as such need to be protected.

马蒂亚斯·里塞：我们需要考虑以各种方式保护所有人。当然，直到步入20世纪，大萧条席卷全球，两次世界大战爆发，社会秩序彻底崩坏，这时人们才意识到这么做很有必要。在百废待兴的情况下，人们认识到需要采取行动，保护所有个体的权益。

Why did we have UN after WWII?

二战后为什么要建立联合国？

Zachary Davis: At the time, individuals were not recognized or protected by international law. It was up to the states to protect or not protect their own citizens. So would you point to World War II as the moment when the international community says, OK, that's it, like we are going to try to provide more protections for individuals against especially, you know, authoritarian state abuse?

扎卡里·戴维斯：当时，人类个体并不受国际法的管辖或保护。只有各国政府有权决定是否保护本国公民。您觉得是不是在二战的时候，人们发现需要尝试为个体提供更多保护，防止专制政权滥用权力？

Mathias Risse: So the Second World War makes clear what organized power, organized state power, state logistics, the kind of capacities that we simply didn't have before the 20th century, what they can do if they are used against people rather than for them. The Second World War shows how much abuse can happen through a state machinery that is out of control and how much damage, how much calamity, how much genocide, very specifically, can be inflicted on other people if there isn't an international order that prevents that.

马蒂亚斯·里塞：二战展现了一件前所未有的事情，那就是国家政权可以如何调动力量大肆迫害而非保护本国公民。它展现了如果缺乏国际法律的制约，失控的国家机器可以造成多大的破坏、酿成多大的灾难、进行多么丧尽天良的种族屠杀。

Zachary Davis: The clearest example of this is Nazi Germany. Under Hitler, the German government turned its power against its own citizens, imprisoning and murdering millions of Germans and leading a campaign of terror against German Jews. This persecution could happen in part because there were no international protections for the victims.

扎卡里·戴维斯：最典型的例子就是纳粹德国。在希特勒领导下，德国政府将矛头对准本国公民，关押、杀害了数百万德国人，对德国犹太人加以迫害。而迫害之所以能得逞，部分原因在于当时无法对受害者进行国际保护。

Mathias Risse: So what we are getting then at the end of the Second World War is the founding of the United Nations.

马蒂亚斯·里塞：所以二战结束后，我们建立了联合国。

Zachary Davis: The United Nations is an intergovernmental organization that strives to maintain peace internationally. The United Nations was founded in San Francisco in 1945 and today is headquartered in New York City.

扎卡里·戴维斯：联合国是一个政府间国际组织，致力于维护世界和平。联合国于1945年在旧金山成立，如今总部位于纽约市。

Zachary Davis: When it was founded, all member states signed the United Nations Charter, the organization’s foundational treaty. It outlined how the UN would maintain international peace and security, and promote social progress.

扎卡里·戴维斯：成立之初，所有成员国都签署了联合国基本条约《联合国宪章》。它阐述了联合国会如何维护国际和平与安全、推动社会进步。

Mathias Risse: And as part of the Charter of the United Nations, we are also having the start formulated that there needs to be protection of individuals. So human rights figure that language figures in the Charter of the United Nations, that language became ever more prominent in the late 30s, into the 40s.

马蒂亚斯·里塞：在《联合国宪章》中，我们还提出要保障个体权益。鉴于保护人权在20世纪30年代末、40年代的重要性，“人权”一词在《联合国宪章》中被屡屡提及。

Zachary Davis: How did the United Nations come about? I mean, were these just calls between presidents saying, hey, you know, we want to start this thing? Are you in? How does it build the momentum and the legitimacy that it needed?

扎卡里·戴维斯：联合国是如何成立的？是否只是各国总统互相打个电话，说：“嘿，我们要建立联合国？你来不？”各国如何筹备并批准建立了联合国？

Mathias Risse: Well, so very concretely, the United Nations emerges from a war alliance. So this is an alliance who’s crucial figures, pivotal figures, were Franklin Delano Roosevelt, American president at the time, and Winston Churchill. But then basically people who become the allies in the fight against Hitler Germany and also imperial Japan. And so it is this war alliance that starts formulating particular goals also for a post-war order. And the United Nations then is basically the place where these goals that were formulated for a post-war order were actually then written down and more systematically pursued.

马蒂亚斯·里塞：具体来讲，联合国诞生于战争同盟之中。促成其建立的重要人物有美国时任总统富兰克林·德拉诺·罗斯福、英国时任总统温斯顿·丘吉尔等同盟国领导人。他们当时因为抗击纳粹德国和日本帝国主义势力而结成了反法西斯联盟。这几大盟国开始着手制定战后新秩序，提出一系列目标。为了明确并全面实现这些目标，他们提出要建立联合国。

Mathias Risse: Now, one also very much has to see the United Nations as an American product coming out of the New Deal. So remember the New Deal than the 1930s under the presidency of FDR was an effort of actually bringing administrative capacities, new 20th century logistic understanding of what state power can actually do when developed in sophisticated ways to combine that with the social justice thinking of the day that we need emancipation, that in particular the underdog and society needs to be protected, that something like the Great Depression that just happened can't happen again. So the New Deal is a totally new way of thinking about public administration, both morally and logistically in one country, in the United States at that time.

马蒂亚斯·里塞：当然我们也需要看到，联合国同时也是美国新政的产物。20世纪30年代，罗斯福施行了新政，巧妙地调动了20世纪国家政权对资源的高效配置能力，同时也维护了此前人们所呼吁的社会公平与正义，尤其是保障了社会底层人民的权益，从而避免大萧条这种情况再次发生。罗斯福新政展现了当时美国在道德以及资源配置方面、全新的公共管理思路。

Mathias Risse: And then people came along and said, well, you know, if we can do this and if this is attractive, as clearly it is for one state at a time, why don't we build an organization like that globally? And that's really the intellectual atmosphere. In addition to these catastrophic breakdowns that have happened now several times in the 20th century, First World War, Great Depression and Second World War, that create the mindset before which the United Nations becomes not only imaginable, but actually a pretty quickly implemented political reality.

马蒂亚斯·里塞：于是人们觉得，既然当时这么做在一个国家里行得通，为何不在全球范围内建立这样一个组织？这就是当时知识界的畅想。再加上二十世纪，人们经历了几场重大灾难，比如一战、大萧条、二战，于是便出现了这样的理念。在这种理念之下，人们不仅提出了建立联合国的构想，还很快将之付诸实践，让联合国变成了政治现实。

Zachary Davis: Let's move now to the text. Who suggested that there be this declaration and who was involved in writing it? What were they trying to accomplish?

扎卡里·戴维斯：我们来看看这份宣言吧。当时谁提议颁布这份宣言？谁参与草拟了宣言？他们想达成什么目标？

Mathias Risse: The Charter of the United Nations formulates the goal is, one of the goals that’s formulated there are of human rights for individuals in addition to the inviolability of states and the self-determination of people. So that's also in there. But then we have here human rights for individuals also. That's not developed in great detail in the charter. It's mentioned on a few occasions, but it's basically that the United Nations at its founding leaves this homework. And it knows it needs an elaboration on that thought.

马蒂亚斯·里塞：《联合国宪章》的宗旨，除了保证国家主权不容侵犯和保障民族自决之外，也包括了保障人权。但《宪章》对此没有详细阐述，只是寥寥几笔带过。不过联合国在成立之初便将保障人权列入其权责范围之中，也深知需要对此进行详细阐述。

Zachary Davis: To help define these individual human rights, the UN established the Commission on Human Rights in 1946. It was made up of 18 members from different nationalities and political backgrounds. This commission organized a smaller committee to draft the articles of what became the Universal Declaration of Human Rights. The committee was called the Universal Declaration of Human Rights Drafting Committee and was led by American diplomat, activist, and First Lady of the United States, Eleanor Roosevelt.

扎卡里·戴维斯：为了有效定义人权，联合国于1946年成立了人权委员会，由来自不同国家和政治背景的十八名成员组成。该委员会下设次级委员会，负责起草《世界人权宣言》。该次级委员会被称为“《世界人权宣言》起草委员会”，由美国外交家、社会活动家、前第一夫人埃莉诺·罗斯福领导。

Mathias Risse: And they crafted this document, which was meant to be really a cross culturally acceptable document. So it was supposed to be really operating at the level of humanity, was supposed to be acceptable to everybody simply as human beings. And that document then had to make its way through various committees of the freshly constituted United Nations machinery. And then it was put to the General Assembly, to the meeting of the General Assembly of the United Nations, which on that occasion actually met in Paris. So it was done on December 10th 1948 that the Universal Declaration was passed.

马蒂亚斯·里塞：他们起草了这份需要被全世界人民所接纳的宣言。它真正地为全人类而作，也为全人类所接受。起草完毕后，这份宣言提交至新成立的联合国各委员会审议，通过后交至联合国大会审议。1948年12月10日，在巴黎开会的联合国大会通过了《世界人权宣言》。

Zachary Davis: Today, the United Nations is made up of 193 member states from around the globe. When it was first established, it was made up of 51 member states. This was a very different world than the one of today, steeped in imperial rule.

扎卡里·戴维斯：如今，联合国有全球193个成员国。当年成立时，它只有51个成员国，而且当时世界的政治格局与如今截然不同，许多地区仍处在帝国主义的统治下。

Mathias Risse: This was a time before most of Africa was decolonized. And so there was African involvement in this process, but it was involvement from Egypt and South Africa. So black Africa really wasn't involved in this at all because that black Africa was almost it was not entirely, but almost exclusively, almost entirely colonized at that time. Much of Asia was also colonized at this time, and of course, this mattered also.

马蒂亚斯·里塞：当时非洲大部分地区还处在殖民统治之下。埃及和南非加入了联合国，但漠南非洲没有加入，因为当时漠南非洲的绝大多数国家都还处在殖民统治之下。还有必要提到的是，亚洲的许多国家也是如此。

Mathias Risse: So the United Nations was shaping up at a time when these colonial empires were still around and were basically to ask the United Nations shaped up over the first 20 years of its existence, increasingly, that was also a process of decolonization which completely changed the dynamics in the United Nations also. And these new members were engaged also in what would come of this organization.

马蒂亚斯·里塞：换言之，联合国创立之初，殖民帝国依旧存在。在其成立的最初二十年里，亚非殖民地渐渐走向独立，这彻底改变了联合国内部的格局。一些新兴国家也加入了联合国。

What does the declaration say?

宣言讲了什么？

Zachary Davis: Let's now discuss what does the text say. What's its structure and what are the key themes of it?

扎卡里·戴维斯：我们来看看这份宣言的内容吧。它的框架是怎样的？核心主题有哪些？

Mathias Risse: So this was meant to be a document that catered to a range of different concerns, partly interests of different constituents. So there's a couple of articles in there that are very much about the about demands that come out of the labor movement. But then also particular ideas that had been very prominent in particular regions, Latin American Socialism, for example is very visible in certain parts of the documents. So there were different niche specific constituents and different regional constituents that are clearly visible here.

马蒂亚斯·里塞：这份宣言旨在应对一系列不同问题，部分是用于保护不同群体的权益。因此宣言中有几条特别关注了工人运动中的诉求，还有几条涉及到某些地区盛行的观点，比如在宣言的某些部分可以看到拉丁美洲的社会主义思想。所以在这份宣言中，你可以清楚地看到不同地区不同群体的诉求。

Zachary Davis: The document is organized into two parts. The first is the preamble, which explains why the document is being drafted. And the second is the main body of the text made up of 30 articles.

扎卡里·戴维斯：宣言分为两部分。第一部分是序言，阐明了起草该宣言的原因；第二部分是正文，列举了三十项条文。

Mathias Risse: It's distinctly a document, so you may think something like the Ten Commandments. This is something that one can readily learn by heart if one so chooses and it can be taught. It's great. Pedagogically that's fantastic. So they deliberately decided not to produce a short document, but a comprehensive document, really, a document that covered the whole range of domains of human life where individuals would need protections and provisions. And they also decided to list a pretty substantial preamble.

马蒂亚斯·里塞：显然这是一份“文件”，而说起文件，你或许会联想到《摩西十诫》之类的东西。只要你想，你就能将《摩西十诫》背下来，也可以将它教授给别人，从传播角度看真的很棒。但是，委员会他们特意决定不把宣言做得像《摩西十诫》一样简洁，而是尽量详实，涵盖生活中需要保护人权的各个领域。他们还决定编写一篇非常详实的序言。

Mathias Risse: So preamble is always where you write down what the background circumstances are that explain why you need this document now that as various allusions to National Socialism. So the anchoring in the times has value in these particular times as very clear. But it's also the Enlightenment origin of this whole tradition of putting out declarations of rights.

马蒂亚斯·里塞：序言一般都会提及写作背景。这篇序言解释了如今人们为什么需要这份暗中对抗民族社会主义的宣言。这不仅仅因为宣言在当时的时代背景下具有很高的价值，同时也是在延续启蒙运动时期颁布各种权利宣言的传统。

Mathias Risse: It's also very clear that through references to themes like dignity and the inalienable nature of rights and the equality of all human beings, and the fact that rights are acquired at birth through the moment of birth. So this is very much Enlightenment thinking about the emancipation of the person.

马蒂亚斯·里塞：宣言通过强调人的尊严、权利不可剥夺的性质以及人人平等这类主题，阐明了人生来就享有权利。这种思想和启蒙运动时期关于解放个人的思想是一以贯之的。

Zachary Davis: The 30 articles following the preamble do not appear in order of importance. Over time, the United Nations has insisted that all of these articles are of equal importance, interrelated and they belong together as a package. No one single article is prioritized over another.

扎卡里·戴维斯：序言后面的三十项条文按重要性排列。然而后来，联合国坚称所有这些条文同样重要、相互关联，合在一起才构成一个整体，没有哪条比另一条更重要。

Mathias Risse: But it's still striking what comes first. And you would think they put the right to life first or right not to enslave first or right not to be tortured first, but that's actually, interestingly, not what they do. So all these things come, but they come in articles three, four and five. Articles one and two are basically they each capture pretty much the same thought, namely a non-discrimination thought.

马蒂亚斯·里塞：但第一项仍然引人注目。你或许会觉得他们一定会把生命权或者人身自由权放在首位。然而有意思的是，他们其实并没有这么做。这些权利确实也出现了，但它们出现在正文的第三、四、五条。第一、第二条的思想内核基本一致，都是在反对歧视。

Mathias Risse: So Article One says that all these entitlements and all these rights in the Universal Declaration, they really pertain to everybody. Everybody has them equally because everybody is born free and equal. And then Article Two basically states the same thought in a different way, namely, it says.

马蒂亚斯·里塞：第一项条文说，人人有资格享受本宣言所载的一切权利和自由，因为人人生来自由且平等。第二项条文换了一种方式来阐述同一思想。

Mathias Risse: So these articles apply to everybody indiscriminately and regardless of the long list of categories, race and color and language and political affiliation and nationality. So the gender, so the usual categories, beginning with race, which is really the one that's listed first in terms of which people have been traditionally discriminated against.

马蒂亚斯·里塞：这些条文平等地适用于每个人，不论其种族、肤色、语言、政治见解、国籍和性别如何。在给人划分三六九等时，人们往往会首先依据种族来区分，这也是传统中最主要的歧视。

Zachary Davis: This document explicitly states that all people are created free and equal. The American Declaration of Independence also states that everyone is free and equal but history shows that this really only applied to white men. At the time the Declaration of Independence was drafted in 1776, women were not allowed to vote and slavery was still legal.

扎卡里·戴维斯：该宣言阐明，所有人都是自由且平等的。《美国独立宣言》也阐明人人自由平等，但历史证明，这种所谓的“自由平等”仅仅适用于白人。1776年《独立宣言》起草时，妇女还没有投票权，奴隶制也依旧合法。

Mathias Risse: And what the Universal Declaration does, and that is already one of the most remarkable things about it, is it starts by making very clear that this is not what we want. This really applies for everybody. Do not even try to find any resources in here that would allow for any kind of discrimination.

马蒂亚斯·里塞：《世界人权宣言》令人赞叹的贡献在于，其宣扬的自由与平等并非仅仅适用于某类群体，而是适用于每个人。在这里完全找不到对任何群体的歧视。

Zachary Davis: The 30 articles outline these universal rights, including things like the right to education, freedom from torture, and the right to social security. I had been struck earlier that one of the themes of the text is about human dignity, not just sort of freedom or safety, but dignity, which sounds to me linked, that there is a vision for, you know what the international order in national governments need to do in order to help, you know, each individual live up to its potential. Where did those ideas come from? What were they really drawing from?

扎卡里·戴维斯：这三十项条文指出了人们普遍拥有的权利，包括受教育权、免受酷刑权和社会保障权。之前我很惊讶地了解到，宣言的主题还包括包括人的尊严。它不仅仅关注到人的自由与安全，竟然还关注到了人的尊严。它探讨了各国政府要建立怎样的国际秩序，才能帮助每个人发挥自己的潜能。这个想法在我看来很有远见。这些想法从何而来？依据的是什么？

Mathias Risse: Well, you see interestingly, or importantly, the Universal Declaration was meant to be a document that everybody should be able to accept. They tried to keep the foundational thoughts, the metaphysical background, the religious background as limited as possible. So, yes, there's talk about dignity. Yes, there's talk about inalienable rights. Yes, there's talk about rights acquired at the moment of birth. But you will not find any references to God, for example.

马蒂亚斯·里塞：你会发现一个有意思且至关重要的一点，那就是《世界人权宣言》是为所有人而写的，换言之，这是一份每个人都能够接受的宣言。起草者尽可能少地提到相关的思想基础、哲学与宗教背景，更多地去谈尊严、不可剥夺的权利、生来就有的权利等等，而不去提及上帝。

Mathias Risse: So these ideas, especially the idea of dignity, as given here, as formulated here as a way of saying, look, there is something really special about human beings. There is something really special that is present in every single person. It needs to be respected and honored and then balanced by state power.

马蒂亚斯·里塞：所以这些观点在宣言中都是用来展现人类的独特之处，展现每个人身上都有的独特之处。我们需要尊重并珍视这些独特之处，并借助国家政权对其进行平衡。

Mathias Risse: But how you ground it, how you fill it with metaphysical substance, religious substance, secular background thought, that is actually deliberately left open so that different cultural circuits could attend to that matter. And they are in their own way.

马蒂亚斯·里塞：而你如何用哲学概念、宗教思想、世俗观点对其进行解读，这个其实都是由读者来把握的。这样一来，不同文化都可以以自己的方式来解读并接受它们。

Zachary Davis: Once the document was drafted, it was presented at the third United Nations General Assembly in Paris, France.

扎卡里·戴维斯：宣言起草完毕后，便提交至法国巴黎召开的第三届联合国大会审议。

Mathias Risse: So it is important that it was actually not rejected by anybody. So it was put to a vote on December 10th, 1948. But then a number of countries abstained. So a number of the communist countries abstained because they were, communism is not really on good terms with rights thinking in the first place. This is kind of a societal atomism, and that's something that communism is just not very comfortable with.

马蒂亚斯·里塞：值得注意的是，没有一个国家投反对票。1948年12月10日，大会对宣言进行投票表决，八个国家投了弃权票。许多共产主义国家弃权了，因为在与权利相关的基本观点上，二者存在一些分歧。资本主义信奉社会原子主义，而共产主义对此并不完全赞同。

Zachary Davis: Even though several countries abstained from voting, they recognized the importance of this document and did not try to undermine it. A lot of countries were in favor of the declaration, and no country opposed it, and yet it didn’t actually change the world right away.

扎卡里·戴维斯：不过这几个国家虽然弃权，但也认可这一宣言的重要意义，因此没有投反对票。可是虽然宣言赢得了许多国家的支持，没有遭到一个国家的反对，但它并没有立刻对世界产生什么影响。

Mathias Risse: You may ask, well, how was to go out different on December 11th, 1948, you know, the day after this document was passed? And the answer to this is really not very. So the impact of this document really was not immediate. So for one thing that's new thing, right? This is a new paradigm. This is a new organization. And it simply takes a while for that organization, the U.N. and that document, to kind of make its way into people's heads and into the thinking of organizations. And so that that couldn't possibly happen overnight.

马蒂亚斯·里塞：你可能会问，1948年12月11日，也就是宣言通过的第二天，世界有什么变化吗？答案是并没有太大的变化，没有立刻产生什么影响。原因之一是，毕竟联合国是一个新的组织，这份宣言也是个新事物、新规范，人们需要花一点时间来消化、接受它们。所以不可能在一夜之间出现什么变化。

Zachary Davis: One reason it didn’t change things immediately is that it wasn’t actually a legally binding document.

扎卡里·戴维斯：另一个原因是，这份宣言其实并不具有法律约束力。

Mathias Risse: One thing also worth emphasizing is that it's important that this is called the Universal Declaration of Human Rights. So it's by itself not legally binding. And so it's a declaration. It's a declaration by the General Assembly. It was a value along many decades long process and still and it's in progress to transform those non-binding rights on the list, on the Universal Declaration into a set of international treaties that then would be binding on its signatories.

马蒂亚斯·里塞：还有一点也需要注意到，那就是《世界人权宣言》之所以被称为“宣言”，是因为它本身不具有法律约束力。它仅仅是联合国大会通过的一份声明。不过很有意义的是，在数十年的漫长过程中，这份宣言中的一些条文，正转变为一系列对签署国具有法律约束力的国际公约。时至今日，这项工作仍然在进行着。

Zachary Davis: Although the document was not legally binding, it did lead to the creation of two legally binding covenants that protect human rights. In 1966, the United Nations adopted the International Covenant on Civil and Political Rights and the International Covenant on Social, Economic and Cultural Rights.

扎卡里·戴维斯：尽管该宣言不具有法律约束力，但确实推动了两部具有法律约束力的、人权公约的诞生。1966年，联合国颁布了《公民权利和政治权利国际公约》以及《经济、社会及文化权利国际公约》。

How did the declaration inspire movements in the 20th century?

宣言如何推动了20世纪的多项运动？

Zachary Davis: Is it fair to characterize it then that the Universal Declaration of Human Rights set some aspirations for countries around the world and in the years since, there has been a great deal of effort to try to enshrine them into binding treaties?

扎卡里·戴维斯：既然后来在人们努力下，《世界人权宣言》中的很多条文都被纳入了具有法律约束力的公约中，那么能否说，宣言为世界各国的人们设定了美好的目标？

Mathias Risse: So we do find uptake of ideas from the Universal Declaration over time. So first of all, of course, there's regional alliances where they also already live. So this is always worth emphasizing. So in 1948, we're not just getting the Universal Declaration of Human Rights, but also already getting an intra-American document on human rights. So Latin America is really tremendously active and crucial for pushing this rights thinking within the Americas, and then also at the global level, bringing it into the U.N. system.

马蒂亚斯·里塞：可以这么说。我们渐渐开始吸收运用《世界人权宣言》中的一些观点。当然首先，我们已经有了一些区域性的联盟，这是值得我们关注的一点。1948年，我们不仅颁布了《世界人权宣言》，还颁布了一份美洲的人权文件。拉丁美洲当时在推动人权观念方面非常活跃，也起到了重要的作用。起初这些观念只是在美洲推广，后来慢慢传播到了全球，甚至被联合国系统所接纳。

Mathias Risse: But then also, as time goes by, there is increasing uptake really by very different actors. So one thing that's still not very much, no one is actually before there was a civil rights movement, especially in the American South led by Martin Luther King. Church groups, black church groups in the American South actually were very attracted to the human rights paradigm because the point of human rights is to say these are rights that we all have, that everybody has as human beings.

马蒂亚斯·里塞：渐渐地，很多不同的群体也开始以人权思想为武器。一个不为人知的史实是，自从民权运动之后，尤其是在马丁·路德·金领导了美国南部的民权运动之后，美国南部黑人教会团体开始对人权思想非常感兴趣，因为人权思想的核心是，所有人都享有平等的权利。

Mathias Risse: And so we should we should draw on them. And we should say to all these white people around us that, you know, we have these rights and that they need to be respected. And so black church groups in the South got quite attracted to the idea of human rights.

马蒂亚斯·里塞：他们觉得应当运用这些思想，告诉周围的白人，自己拥有这些权利，应当受到尊重。人权思想深深吸引了美国南部的黑人教会团体。

Zachary Davis: American activist Malcolm X took up this call as a part of his work fighting for racial justice in the 1960s.

扎卡里·戴维斯：20世纪60年代，美国社会活动家马尔科姆·艾克斯接受了人权思想，将其融入自己的种族平权运动中。

Mathias Risse: In the last couple of years before he was assassinated he became a human rights, kind of global human rights personality, because he also picked up on this sort of human rights belonging to all human beings. And look what the white majority does with the black minority in the United States. And that needs to be pilloried at the international level. He tried to build alliances in increasingly decolonizing Africa.

马蒂亚斯·里塞：在他被刺杀的前几年里，他开始提倡保护全世界人民的权利，因为他相信所有人类都享有人权。他认为，国际社会需要抨击美国白人与黑人间的不平等现象。他还试图在逐渐独立的非洲国家间建立联盟。

Mathias Risse: In Europe, he wanted the United States to be embarrassed. He wanted the United States to be to be internationally pilloried for its human rights abuses, for what it did to some of its people who should not be so treated as human beings. So we find uptake like that. We find organizations that get founded, Amnesty International that gets founded in the early 1960s.

马蒂亚斯·里塞：在欧洲，他希望国际社会能谴责美国侵犯了人权，因为它损害了某些群体作为人的基本权利。这些都是人权思想在各个领域的运用。当时还成立了一些人权组织，如20世纪60年代初成立的国际特赦组织。

Zachary Davis: Amnesty International is a nongovernmental organization founded in 1961 in the United Kingdom. They are focused on promoting "a world in which every person enjoys all of the human rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments".

扎卡里·戴维斯：国际特赦组织是1961年在英国成立的非政府组织，旨在推动建立“一个人人都享有《世界人权宣言》及其他国际人权文件中列举的所有人权的世界”。

Mathias Risse: Jimmy Carter is the first president who formulates human rights as part of American foreign policy. And basically since the late 70s, human rights are really on a roll. And then this continuous through the 80s, the language that Ronald Reagan is using is more language of democracy. But really, this whole paradigm of moral goals connected to human rights, that they are important for foreign policy that has arrived as yet more organizations, the early versions of Human Rights Watch are founded in the late 70s.

马蒂亚斯·里塞：吉米·卡特是第一位将保护人权纳入美国外交政策的总统。20世纪70年代末开始，人权事业一直在发展。到了80年代，罗纳德·里根更多地提到了“民主”之类的词汇。将人权相关的道德目标纳入外交政策，显得尤为重要。与此同时，越来越多的组织也建立起来。70年代后期，人权观察组织成立了。

Mathias Risse: So there is just a lot of momentum in institution building, in passing of international law, in a transnational civil society organizations. The Universal Declaration is having an impact on the world because it is going like a wave through these decades and is bringing in more and more individuals, organizations, states are picking up. The European Union is increasingly getting involved and in human rights.

马蒂亚斯·里塞：当时的环境推动了人权组织的建立、国际法的通过以及跨国民间团体的建立。《世界人权宣言》之所以影响了整个世界，是因为它在几十年间形成了一股潮流，吸引了越来越多的个人、组织和国家加入到人权事业中。欧盟也越来越关注人权领域。

Zachary Davis: By putting these rights into a document, the Universal Declaration of Human Rights gave people something concrete to strive for and protect.

扎卡里·戴维斯：《世界人权宣言》阐明了这些权利，让人们知道可以努力争取并保护哪些具体的权利。

Mathias Risse: It's to make sure that individuals have certain provisions, have entitlements, have these possibilities of flourishing, having their personality flourishing, and that the international community, the community of states and an international society is accountable for that. That is what we need to do. And really, seriously. And what is power for if it's not for serving the people, especially those who are losing out most?

马蒂亚斯·里塞：它旨在明确个体享有某些权利，有权自由蓬勃发展，而且国际社会有责任保护个体的这些权利。这就是我们真正需要做的。权力如果不用来服务于人民、尤其是服务于那些境遇最糟糕的人，那么权力又有何用？

Zachary Davis: How does it continue to shape American governments and other governments around the world? Do they refer to it? Do people point to it at the U.N. Assembly? Is it still alive?

扎卡里·戴维斯：《世界人权宣言》还会如何继续影响美国、乃至世界各国政府？人们提到过这点吗？有没有人在联合国大会上提到？如今它还有影响力吗？

Mathias Risse: The United States has a kind of a very mixed relationship with human rights. And so on the one hand, you know, that sort of this deeply ingrained rights culture in the United States, the many of the more influential or the larger, the more influential human rights NGO is based in the United States. And in recent years, we are also seeing a lot of local activism that wants to do, you know, human rights audits and things like that. So we see a lot of that.

马蒂亚斯·里塞：美国与人权事业之间的关系错综复杂。一方面，美国有着很深厚的人权文化，很多人权方面重要的非政府组织都建立在美国。近年来，我们还看到美国有很多地方社会活动者想要开展人权调查，这种情况屡见不鲜。

Mathias Risse: But then we also see in the America, particularly establishment a substantial standoffishness when it comes to international oversight. So the United States, interestingly, has a fairly poor ratification record for even the major human rights treaties. And so they only ratified them with substantial delay.

马蒂亚斯·里塞：但另一方面，美国很抗拒国际社会对它进行人权监督。有意思的是，在批准一些主要的人权公约上，美国的表现都令人大跌眼镜，总是拖延着不去批准这些公约。

Mathias Risse: And that is not because they are averse against much of what's in there. In some cases, that's also the case, you know, especially Republican governments are not much enamored of the idea that social and economic rights should be a state priority is the way the human rights movement sees that. But more often, the point is really more Americans don't want to be subject to international oversight. So they think that's by itself problematic.

马蒂亚斯·里塞：但原因大多并不是因为他们不赞成公约的内容。当然了，有时候也会出现不赞成的情况，特别是共和党执政时，他们不会像民权运动者那样，把保障个体的社会经济权利看作国家的头等大事。不过更多的原因是，美国不想受到国际社会的监督，觉得这种监督本身就有问题。

Mathias Risse: So that's the kind of discourse that we have in the United States, right? This mixture of, you know, this kind of typical American mixture of the standoffishness that comes from thinking around American exceptionalism and isolationism. And then we have an interventionist streak as a battle of various movements in American thought that kind of coalesce around human rights discourse. And that lead to the particular way in which human rights are used in the United States.

马蒂亚斯·里塞：这就是美国的人权发展状况，很有美国的特点：对国际监督的抗拒多少有点美国例外主义和孤立主义的影子；而围绕着人权展开的各项运动又有着干预主义的特征。这就导致了美国在人权方面特殊的行事方式。

Zachary Davis: The United Nations knew that this document was the first of many steps on the path towards universal human equality. The last sentence of the preamble illustrates the process for how these rights become realized within society.

扎卡里·戴维斯：联合国的相关人士深知，颁布《世界人权宣言》是保卫全世界人权的第一步。序言中的最后一句话阐明，这些权利将如何一步步在社会中实现。

Mathias Risse: And what it says is, well, actually what needs to be done here is through teaching and education that we need to strive towards the realization of the rights listed here, both domestically and internationally.

马蒂亚斯·里塞：它说我们要做的，是努力通过教诲和教育促进对权利和自由的尊重，并通过国家的和国际的渐进措施，使其得到普遍承认和有效遵循。

Mathias Risse: So the first order of business is teaching and education, because we are not changing the world through this document unless people are actually taking this in and as people think about it, talk about it. And so basically doing a show like we are doing. That's exactly you and I are doing this right now. And the listeners are doing this right now, I mean exactly engaging in this project of coming to terms with this project by thinking about it, and then also spreading the word around it.

马蒂亚斯·里塞：所以首要的是进行教诲和教育。如果人们并不理解、并不接受这份宣言，不去思考它、谈论它，那么区区一份宣言就很难改变世界。所以需要有我们今天这样的节目来介绍它，这就是我们和听众朋友们在做的事情。我们需要了解、思考这份宣言，进而接受它、传播它。

Zachary Davis: Since 1948, the world has made enormous progress in the scope of human rights. But there is still work to be done. Today, although everyone is considered equal on paper, we’re still a long way from fully realizing these rights. But it is through the cycle of discourse and action that we move closer to a more equal world.

扎卡里·戴维斯：自1948年以来，全世界在人权领域取得了巨大进展，但要做的还有很多。如今，尽管每个人在法律意义上都是平等的，但要让所有人都享有这些权利，我们还有很长的路要走。不过正是通过不断沟通宣传、积极行动，我们才会迎来一个更加平等的世界。

Zachary Davis: Writ Large is a production of Ximalaya. Writ Large is produced by Galen Beebe, Jack Pombriant and me, Zachary Davis, with help from Ariel Liu, Wendy Wu, and Monica Zhang. Our theme song is by Ian Coss. Don’t miss an episode. Subscribe today in the Ximalaya app. Thanks for listening. See you next time.

扎卡里·戴维斯：本节目由喜马拉雅独家制作播出。感谢您的收听，我们下期再见！