哈佛大学趣事 幽默的哈佛大学公开课-

Do you think you should be able to bid for a baby that's up for adoption? That's Andrew's challenge.，今天小编就来说说关于哈佛大学趣事 幽默的哈佛大学公开课-?下面更多详细答案一起来看看吧!

哈佛大学趣事 幽默的哈佛大学公开课-

Do you think you should be able to bid for a baby that's up for adoption? That's Andrew's challenge.

你觉得可以通过竞价收养孩子吗？这是安德鲁提出的质问。

Do I think I should be able to bid for a baby? I'm not. . . Sure! It's a market. . .

我觉得是否可以通过竞价收养孩子?我不……当然可以，这是市场经济……

Today I'd like to turn our atTention and get your views about an argument over the role of markets in the realm of human reproduction and procreation. Now with infertility clinics, people advertise for egg donors and from time to time, in the Harvard Crimson ads appear for egg donors. Have you seen them?

今天转换下话题，听听你们对以下争论的看法，即市场在人类生殖和生育领域扮演的角色。现在有了不孕症门诊，也有人登广告征求卵子捐赠者，哈佛的《克里姆森报》上也不时会出现征求卵子捐赠者的广告，你们看到过吗？

There was one that ran a few years ago that wasn't looking for just any egg donor, it was an ad that offered a large financial incentive for an egg donor from a woman who was intelligent, athletic, at least 5'10", and with at least 1400 or above on her SATs. How much do you think the person looking for this egg donor was willing to pay for an egg from a woman of that description?

几年前有一则广告不是随便征求一个卵子捐赠者，而是许以重金报酬征求卵子捐赠者一名，要求该女性智商高，身材健美，身高至少178cm且SAT成绩至少1400以上。大家觉得登这则广告的人愿为一枚这样的卵子出多少钱？

What would you guess? A thousand dollars? Fifteen thousand? Ten?

你会猜多少，一千美元吗？一万五千吗？一万吗？

I'll show you the ad. Fifty thousand dollars for an egg but only a premium egg.

我把这个广告给大家看看。五万美元，征一枚卵子，唯一要求是上乘的卵子。

What do you think about that? Well there are also sometimes ads in the Harvard Crimson and the other college newspapers for sperm donors.

对此你有什么看法？在哈佛的《克里姆森报》或其他大学的报纸上也经常会有广告征求精子捐赠者。

So the market in reproductive capacities is an equal opportunity market. Well not exactly equal opportunity, they're not offering $50,000 for a sperm.

所以生殖力市场是一个机会均等的市场。好吧，也不完全算机会均等，没人会出五万美元征一枚精子。

But there is a company, a large commercial sperm bank that markets sperm, it's called California Cryobank. It's a for-profit company, it imposes exacting standards on the sperm it recruits, and it has offices in Cambridge, between Harvard and MIT, and in Palo Alto near Stanford.

但是有一家公司，一家大型商业性精子银行销售精子，名字叫做加州冷冻银行。这是一家盈利性企业，对精子捐赠者有苛刻要求，它在坎布里奇的办事处就在哈佛和麻省理工中间，在帕罗奥图的办事处靠近斯坦福。

Cryobank's marketing materials play up the prestigious source of its sperm. Here is, from the website of Cryobank, the information.

冷冻银行以其精子“出自名门”大做文章。这里是一张冷冻银行的公司主页的信息。

Here they talk about the compensation although compensation shouldn't be the only reason for becoming a sperm donor we are aware of the considerable time and expense involved in being a donor. So do you know what they offer?

其中他们提到报酬，虽然报酬不该是成为捐精者的唯一原因，我们仍意识到捐赠者要花费相当的时间和精力。知道是怎样的报酬吗？

Donors will be reimbursed $75 per specimen, up to $900 a month if you donate three times a week, and then they add "We periodically offer incentives, such as. . . Such as movie tickets or gift certificates for the extra time and effort expended by participating donors." It's not easy to be a sperm donor.

捐赠者每次捐精可获得75美元的补偿金，如果你一周捐赠三次 每月最高900美元封顶，还附加说明，“我们会定期提供奖励，如……如电影票或礼券以补偿捐精者付出的额外时间和精力。”要当捐精者可不简单。

They accept fewer than five percent of the donors who apply. Their admission criteria are more demanding than Harvard's.

他们接受的捐精者还不到申请人数的5%。录取标准比哈佛还要苛刻。

The head of the sperm bank said the ideal sperm donor is 6 feet tall, with a college degree, brown eyes, blond hair, and dimples for the simple reason that these are the traits that the market has shown that customers want. Quote—quoting the head of the sperm bank, "If our customers wanted high school dropouts, we would give them high school dropouts."

精子银行的主管说，理想的捐精者要求身高183cm，有大学学历，棕色眼睛，金黄头发，还要有酒窝，理由很简单，因为市场调查得出，这些特征是消费者想要的。引用精子银行主管的一句话，“如果顾客需要高中辍学者的精子，我们就给他高中辍学者的精子。”

So here are two instances, the market in eggs for donation and the market in sperm, that raise a question, a question about whether eggs and sperm should or should not be bought and sold for money. As you ponder that, I want you to consider another case involving market and in fact a contract in human reproductive and human reproductive capacity and this is the case of commercial surrogate motherhood, and it's a case that wound up in court some years ago. It's the story of Baby M.

对于这两个例子，卵子捐献市场和精子捐献市场就产生了一个问题，卵子和精子是不是应该用钱来买卖。思考这个问题时，请再看一个涉及市场的案例，其实是一个关于人类生殖和生殖力的合同，是则商业性代孕母亲的案例，发生在几年前，合同双方最终对薄公堂。即M宝贝的故事。

It began with William and Elizabeth Stern, a professional couple wanting a baby but they couldn't have one on their own, at least not without medical risk to Mrs. Stern. They went to an infertility clinic where they met Mary Beth Whitehead, a 29-year-old mother of two, the wife of a sanitation worker.

起因是威廉和伊丽莎白·斯特恩这对职场夫妻想要个孩子，但没办法自己生，至少不想斯特恩夫人有医疗风险的话就不能生。他们去看了不孕门诊，遇到了玛丽·贝思·怀特黑德，玛丽29岁，有两个孩子，是名清洁工的妻子。

She had replied to an ad that the standard had placed seeking the service of a surrogate mother. They made a deal.

她回应了一个已开好条件的寻找代孕母亲的广告。他们达成了协议。

They signed a contract in which William Stern agreed to pay Mary Beth Whitehead a $10,000 fee plus all expenses in exchange for which Mary Beth Whitehead agreed to be artificially inseminated with William Stern's sperm, to bear the child, and then to give the baby to the Sterns. Well, you probably know how the story unfolded.

并签署合同，合同中威廉·斯特恩同意支付玛丽·贝思一万美元并承担一切生育费用，作为交换，玛丽·贝思·怀特黑德同意通过人工授精孕育威廉·斯特恩的孩子，分娩后将孩子交由斯特恩夫妇抚养。大家大概猜到之后的故事了。

Mary Beth gave birth and changed her mind, she decided she wanted to keep the baby. The case wound up in court in New Jersey.

玛丽·贝思分娩后改变了主意，她决定要把孩子留着。双方最终在新泽西对簿公堂。

So let's take, put aside any legal questions, and focus on this issue as a moral question. How many believe that the right thing to do in the Baby M case, would have been to uphold the contract, to enforce the contract?

我们先不管法律上的问题，聚焦于道德问题上。有多少人认为，在M宝贝案中正确的做法就是遵守合同并执行合同？

And how many think the right thing to do would have been not to enforce that contract? So it's about—the majority say enforce.

那有多少人认为正确的做法是不执行该合同？多数认为该执行。

So let's now hear the reasons that people had, either for enforcing or refusing to enforce this contract. first. . . I want to hear from someone in the majority.

无论你们是支持还是反对执行合同的，现在我们要听听你们的理由。首先我想听一下多数人的看法。

Why do you uphold the contract? Why do you enforce it? Who can offer a reason?

为什么你支持遵守合同，为什么要执行合同？谁能给我个理由？

Yes. Stand up. It's a binding contract, all the parties involved knew the terms of the contract before any action was taken.

你来，站起来说。这是个有法律效力的合同，合同双方在签约前都已了解合同条款。

It's a voluntary agreement, the mother knew what she was getting into, all four intelligent adults, regardless of formal education, whatever. - So it makes sense that if you know that you're getting into beforehand and you make a promise, you should uphold that promise in the end. - Okay, a deal is a deal in other words.

这是一个自愿的协议，那位母亲知道她在做什么，他们四人都是智力正常的成年人，不管是否接受过正规教育或怎样。- 所以如果你在事前就已清楚将履行的事项且已做出承诺，你就该由始至终履行承诺。- 好的，换句话说就是，交易就是交易。

- Exactly. - And what's your name? Patrick.

- 没错。 - 你怎么称呼？帕特里克。

Is Patrick's reason the reason that most of you in the majority favored upholding the contract? Yes? Alright, let's hear now someone who would not enforce the contract.

帕特里克所说的是否就是在座多数人支持遵守合同的理由？是吗？那就来听听那些反对履约者的意见。

What do you say to Patrick? Why not? Yes.

你对帕特里克的看法有什么回应？为什么反对？你。

Well, I mean, I agree, I think contracts should be upheld when all the parties know all the information. But in this case, I don't think there's a way a mother, before the child exists, could actually know how she's going to feel about that child so I don't think the mother actually had all the information. She didn't know the person that was going to be born and didn't know how much she would love that person, so that's my argument.

首先我同意，当合同双方掌握所有信息时，合同应该被遵守。但在这个案例里，我觉得一个母亲无法在孩子出生之前就知道她对孩子的感觉，所以我认为这位母亲并没有了解全部信息。她不会了解这个还未出生的孩子，也不了解她会有多么爱惜这个孩子，这是我的观点。

So you would not. . . And what's your name? Evan Wilson.

所以你反对……你叫什么名字？埃文·威尔森。

Evan says he would not uphold the contract because when it was entered into the surrogate mother couldn't be expected to know in advance how she would feel so she didn't really have the relevant information when she made that contract. Who else? Who else would not uphold the contract?

埃文说他不赞成履行合同，因为他们签署合同时，代孕母亲不可能事先知道她对新生儿的感觉，所以她其实在签署合同时缺乏相关信息。还有谁，还有谁不支持遵守合同规定？

Yes. I think—I also think that a contract should generally be upheld but I think that the child has an inalienable right to its actual mother and I think that if that mother wants it then that child should have the right to that mother.

你来。我也同意一般情况下应该遵守合同，但我认为孩子拥有亲生母亲的权利不可剥夺，所以如果母亲愿意，这孩子就有权拥有其母亲。

You mean the biological mother not the adoptive mother? - Right. And why is that? Tell—first of all, tell me your name.

你是指生母不是养母吧？- 是的。为什么是这样？首先告诉大家你的名字。

- Anna. - Anna. Why is that Anna? Because I—I think that that bond is created by nature is stronger than any bond that is created by, you know, a contract.

- 安娜。 - 安娜。安娜，为什么是这样？因为我认为这种纽带源自人的天性，比合同缔结的纽带要更牢固。

Good. Thank you. Who else? Yes. I disagree. I don't think that a child has an inalienable right to her biological mother.

很好，谢谢你，还有哪位？请说。我不同意。我不认为孩子拥有亲生母亲的权利不可剥夺。

I think that adoption and surrogacy are both legitimate tradeoffs and I agree with the point made that it's a voluntary agreement, the individual who made it, it's a voluntary agreement and you can't apply coercion to this argument. - You can't apply the objection from coercion to this argument? - Correct.

我认为收养和代孕都是合法的交易，我赞成自愿协议的说法，订立合同的个人都是自愿同意的，强迫不适用于这一讨论。- 强迫这一反对意见不适用于这一讨论？- 没错。

- What's your name? - Kathleen. Kathleen, what do you say to Evan that though there may not have been. . . Evan claimed that the consent was tainted not by coercion but by lack of adequate information.

- 你叫什么名字？- 凯思琳。凯思琳，你怎么回应埃文的说法，即使没有……埃文说这个合同不完全成立？不是由于强迫性，而是由于信息不足。

She couldn't have known the relevant information namely how she would feel about the child. What do you say to that? I don't think the emotional content of her feelings plays into this.

她无法事先获得相关信息，也就是她对新生儿的感觉。对这点你怎么说？我认为感情因素在这案件里面不起作用。

I think, you know, in a case of law, in the justice of this scenario, her—her change of feelings are not relevant. If I give up my child for adoption and then I decide later on that I really want that child back.

我认为在一个法律案件中，就其正义性来说，她情感的转变是不相关的。如果我让别人领养了我的孩子，之后又决定一定要把孩子要回来。

Too bad, it's—it's a tradeoff. It's a tradeoff that the mother has made.

太迟了，这是一个交易。是那位母亲自己达成的交易。

- So a deal is a deal, you agree with Patrick? - I agree with Patrick, a deal's a deal. - A deal's a deal. - Yes. Good. Yes.

- 所以交易就是交易，你同意帕特里克？- 你同意帕特里克，交易就是交易。- 交易就是交易。-是的。好，那位。

I would say that though I'm not really sure if I agree with the idea that the child has a right to their mother. I think the mother definitely has a right to her child and I also think that there's some areas where market forces shouldn't necessarily penetrate. I think that the whole surrogate mother area smacks a little bit of dealing in human beings seems dehumanizing.

虽然我不确定自己是否赞同认为孩子有权拥有自己母亲的观点。但母亲绝对有权拥有自己的孩子，同时我也认为有一些领域市场的力量不该渗透进去。我认为整个代孕母亲的领域掺杂了一些贩卖人口的成分，显得没人性。

It doesn't really seem right so that's my main reason. And what is—could—tell us your name.

我的主要理由就是，这看起来真不像正确的事。什么是……先告诉大家你的名字。

I'm Andrew. Andrew, what is dehumanizing about buying and selling the right to a child, for money, what is dehumanizing about it?

我是安德鲁。安德鲁。为了钱买卖孩子抚养权，没人性在哪里，这里面哪里没人性？

Well because you're—you're buying someone's biological right. - I mean you can't—in the law as it stated, you can't sell your own child. Like were you to have a child, I'd believe that the law prohibits you selling it to another person. . . - So this like baby selling?

因为买卖的是人的生物权。- 法律规定，你不能出售自己的孩子.如果你有孩子,相信法律是肯定禁止你把它卖给别人的……- 所以这像是在贩卖婴儿？

Right. To a certain extent. I mean though—though there's a contract with another person, you've made agreements and what not, there is an undeniable emotional bond that takes place between the mother and the child. And it's wrong to simply ignore this because you've written out something contractually.

是的，一定程度上是这样。虽然你和别人签署了合同，无论是否签订协议，母亲和婴儿之间的情感纽带，是不可否认的。不能仅仅因为你订立了合同，就忽略这种母子间的纽带关系。

Right. You want to reply to Andrew? Stay there. You point out there's an undeniable emotional bond.

好，你想来回应安德鲁的观点吗？先别坐下。你指出母子间的情感纽带不可否认。

I feel like in this situation, we're not necessarily arguing against adoption or surrogacy in itself. We're just sort of pointing out the emotional differences. But—but wait, I mean, it's—it's easy to break everything down to numbers and say "Oh, we have contracts," like you're buying or selling a car.

但我觉得如果这样说的话，我们就不是在讨论收养或代孕在本质上是否站得住脚。只是在指出这种情感上的区别了。等下，什么事情都一是一，二是二固然很简单，你可以说“我们签过合同的” ，就像买卖车子一样。

- But there are underlying emotions, I mean, you're dealing with people, I mean, these are not objects to be bought and sold. - Alright. What about Andrew's claim that this is like baby selling. - I believe that adoption and surrogacy should be permitted, whether or not I actually will partake in it is not really relevant, but I think that the government should, the government should give its citizens the rights to allow for adoption and surrogacy. - But adoption—adoption is not—according to. . . - Is adoption baby selling? Well, do you think you should be able to bid for a baby that's up for adoption?

- 但本案中确实涉及潜在的情感，你是在交易人类，这不是可以用来买卖的东西。- 好的，你怎么看安德鲁说这像是贩卖婴儿。- 我觉得收养和代孕理应获得批准，我有没有真正参与其中无关紧要。但我认为政府应该赋予公民收养和代孕的权利。- 但收养并不是……根据……- 收养算不算贩卖婴儿？那好，你觉得可以通过竞价收养孩子吗？

That's Andrew's challenge. Do I think I should be able to bid for a baby?

这是安德鲁提出的质问。我觉得是否可以通过竞价收养孩子？

I'm not. . . Sure! It's a market. I mean, I feel like the extent to which it's been applied and I'm not sure if the government should be able to permit it. - And I have to think about it more but. . . - Alright. Fair enough. Are you satisfied Andrew?

我不……当然可以，这是市场经济。我觉得市场也可以应用到这一范围，我不确定政府是否应该准许这样的事。- 我会再认真思考一下这个……- 好的，说得好，安德鲁你满意吗？

Well, yeah, I mean, I just—I think surrogacy should be permitted. I think that people can do it but I don't think it should be forced upon people that once contract is signed, it's—it's absolutely like the end all.

没错，我认为代孕应该获得批准。人们可以这样做，但我认为不能因为签署了合同而强制执行，就好像合同就是一切。

I think that it's unenforceable. So people should be free, Andrew, to enter into these contracts but it should not be enforceable in the court.

我觉得这是不能强制履行的。安德鲁，所以人们有订立这些合同的自由，但它不应该通过法院强制执行。

Not in the court, no. Who would like to turn on one side or the other? Yes.

不应经法院，不能。谁还对某一方有意见的？你来。

I think I have an interesting perspective on this, because my brother was actually one of the people who donated to a sperm bank and he was paid a very large amount of money. He was six feet tall but not blond, he had dimples though. So he actually has. . . I'm an aunt now, and he has a daughter.

我想我对这个问题有个有趣的看法，因为我的哥哥就是到精子银行去的捐赠者之一，他得到了一笔可观的补偿金。他有182cm高，不是金发，但有酒窝。后来他真的……我当姑姑了,他有了个女儿。

He donated his sperm to a lesbian couple in Oklahoma and he has been contacted by them and he has seen pictures of his daughter, but he still does not feel an emotional bond to his daughter. He just has a sense of curiosity about what she looks like and what she's doing and how she is.

他把精子捐给了俄克拉荷马州一对女同性恋，对方也与他取得了联络，他看过自己女儿的照片了，但仍并不觉得跟女儿间有任何情感纽带。他只是觉得好奇她长成什么样，她在做什么，过得怎么样。

He doesn't feel love for his child. - So from this experience, I think the bond between a mother and a child cannot be compared to the bond between the father and the child. - That's really interesting. What's your name?

并没有感觉到对孩子的爱。- 从这段经历看来，我觉得母子间的情感纽带与父子间的是不能相提并论的。- 那的确很有趣，你叫什么名字？

Vivian. Vivian. So we've got the case of surrogacy, commercial surrogacy, and it's been compared to baby selling and we've been exploring whether that analogy is apt and it can also be compared, as you point out, to sperm selling.

维维安。维维安，这是商业代孕的实例，并将其与贩卖婴儿做了比较，并探究了这样的类推是否合适，同时它也可以与出售精子比较。

- But you're saying that sperm selling and baby selling or even surrogacy are very different because. . . - Yes, they're unequal services. They're unequal services.

- 但你说精子交易和婴儿交易甚至代孕是有很大不同的，因为……- 是，它们提供的服务不等价。它们提供的服务不等价。

And that's because Vivian, you say that the tie, the bond. . Yes, and also the time investment that's given by a mother, nine months, cannot be compared to a man going into a sperm bank, looking at pornography, depositing into a cup.

维维安说，这是因为这种纽带，这种联系……是的，还包括了母亲时间的投入，9个月时间，这也不能跟男性去精子银行捐精相提并论，看看色情影像，在杯子里留下精液。

I don't think those are equal. Good. Alright. So we. . .

我不觉得它们等价。很好，好的。

Coz that's what happens in a sperm bank. Alright. So this is really interesting, we have. . . Alright, notice the arguments that have come out so far.

因为这就是精子银行里会发生的一幕。很好，的确很有趣，我们注意到目前的两种观点。

The objections to surrogacy, the objections to enforcing that contract are of at least two kinds. There was the objection about tainted consent, this time not because of coercion or implicit coercion but because of imperfect or flawed information.

对代孕行为的反对意见，对强制执行合同的反对意见，至少有两种看法。一种认为这个合同不完全成立，这次不是因为强制性或暗含强迫，而是因为信息不完全。

So tainted or flawed consent can arise either because of coercion or because of a lack of relevant information, at least according to one argument that we've heard. And then a second objection to enforcing the surrogacy contract was that it was somehow dehumanizing.

所以合同不完全成立的原因，可以是由于强制性或由于缺乏相关信息，至少其中一种反对意见是这样认为的。然后第二种反对强制执行代孕合同的观点是指出它有点没人性。

Now when this case was decided by the courts, what did they say about these arguments? The lower court ruled that the contract was enforceable, neither party had a superior bargaining position.

那法院在判案时，对此又是怎么说的呢？初级法院判定合同有效，交易双方谈判地位对等。

A price for the service was struck and a bargain was reached. One side didn't force the other neither had disproportionate bargaining power.

交易费用已确定，交易已经达成。一方没有强迫另一方，交易双方的谈判力是对等的。

Then it went to the New Jersey Supreme Court. And what did they do?

然后闹到了新泽西高级法院。他们又是怎么裁决的？

They said this contract is not enforceable. They did grant custody to Mr.Stern as the father because they thought that would be in the best interest of the child.

高级法院判定合同无效。他们承认斯特恩先生作为父亲的监护权，因为他们认为这对孩子最好。

But they restored the rights of Mary Beth Whitehead and left it to lower courts to decide exactly what the visitation rights should be. They invoked two different kinds of reasons, along the lines that Andrew proposed.

但保留了玛丽·贝思作为母亲权利，并交由初级法院裁定她该享有何种探视权。他们指出了两点理由，跟安德鲁提出的思路相符。

First, there was not sufficiently informed consent, the court argued. "Under the contract the natural mother is irrevocably committed before she knows the strength of her bond with her child, she never makes a truly voluntary, informed decision, for any decision prior to the baby's birth is, in the most important sense, uninformed," That was the court.

第一，法院认定这不属于完全的知情同意。“依据本合同，这位母亲在知道自己与孩子间情感联系有多强烈之前就作出了不可撤销的承诺，但这并非真正自愿的知情决策，因为在孩子出生前她作出的任何决定，从最重要意义上说都是不知情的。” 这是法院的判词。

Then the court also made a version of the second argument against commodification in this kind of case. "This is the sale of a child," the court said, "Or at the very least, the sale of a mother's right to her child.

然后法院还作出了第二项判决，反对这种情况下的商业化。“这是在贩卖婴儿。”法院这样说，"或者至少是贩卖了母亲拥有自己孩子的权利。

Whatever idealism may motivate the participants, the profit motive predominates permeates, and ultimately governs the transaction." And so regardless, the court said, regardless of any argument about consent or flawed consent or full information, there are some things in a civilized society that money can't buy. That's what the court said in voiding this contract.

不管参与者的动机可能有多高尚，最终还是牟利的动机占主导地位，并从根本上主导了交易。”不管怎么样，法院认为，不管合同如何，是否有争议或信息是否完整，文明社会里有些东西是金钱买不到的。这就是法院宣布合同无效时的判词。

Well, what about these two arguments against the extension of markets to procreation and to reproduction? How persuasive are they?

好，那么如何看待这两个反对市场渗入人类生殖和生育领域的观点呢？它们有多大说服力？

There was. . . It's true, a voluntary agreement, a contract struck between William Stern and Mary Beth Whitehead. But there are at least two ways that consent can be other than truly free.

它的确是自愿的协议，是威廉·斯特恩和玛丽·贝思签署的合同。但至少在两种情形下这同意是不完全自由的。

First, if people are pressured or coerced to give their agreement and second, if their consent is not truly informed. And in the case of surrogacy, the court said a mother can't know, even one who already has kids of her own, what it would be like to bear a child and give it up for pay.

第一，如果人们是被迫或强制性同意的，第二，如果人们并非真正知情同意。在代孕的案例里，法院说一位母亲无法预知，即使她已经有了自己的孩子也无法预知生孩子后把它卖掉的感受。

So in order to assess criticism objection number one, we have to figure out just how free does a voluntary exchange have to be with respect to the bargaining power and equal information. Question number one. How do we assess the second objection?

为了评价第一种反对理由，我们必须弄清楚，考虑到谈判力和信息对称，一项自愿达成的交易到底有多自由。这是问题一，那又如何评估第二个反对理由？

The second objection is more elusive, it's more difficult. Andrew acknowledged this, right?

第二个反对理由更加晦涩，更加难以理解。安德鲁承认这一点，对吗？

What does it mean to say there is something dehumanizing to make childbearing a market transaction? Well, one of the philosophers we read on this subject, Elizabeth Anderson, tries to give some—bring some philosophical clarity to the unease that Andrew articulated.

说把人类生育变成一项市场交易是没人性的，这是什么意思？我们本课读到一位哲学家伊丽莎白·安德森尝试用哲学的思维来消除安德鲁的顾虑。

She said "By requiring the surrogate mother to repress whatever parental love she feels for the child, surrogacy contracts convert women's labor into a form of alienated labor. The surrogate's labor is alienated because she must divert it from the end—from the end which the social practices of pregnancy rightly promote, namely an emotional bond with her child."

她说道：“要求一个代孕母亲抑制她的母爱，不论多深，代孕合同将女性的这种劳动异化。代孕劳动被异化，因为母亲最终必须转让成品，这是关于怀孕的社会实践所正当推崇的，也就是转让和孩子的情感纽带。”

So what Anderson is suggesting is that certain goods should not be treated as open to use or to profit. Certain goods are properly valued in ways other than use.

那么安德森的暗示是，某些产品不应该对外放开使用权或用于牟利。某些产品的价值并不能从使用价值来评定。

What are other ways of valuing and treating goods that should not be open to use? Anderson says there are many: respect, appreciation, love, honor, awe, sanctity.

那用什么方式来评估和看待这些不能被公开使用的产品的价值呢？安德森说有很多考虑方面：尊重，欣赏，爱，尊严，敬畏，神圣。

There are many modes of valuation beyond use and certain goods are not properly valued if they're treated simply as objects of use. How do we go about evaluating that argument of Anderson?

除使用价值之外还有很多价值标准，这些产品如果只从功用上考虑，它们的价值并不能被准确评估。我们怎么评价安德森的观点？

In a way, it takes us back to the debate we had with utilitarianism. Is use the only. . . Is utility. . . Is use the only proper way of treating goods, including life, military service, procreation, childbearing?

某种程度上，它把我们带回到功利主义的讨论。功利或者说功用是否是评价商品的唯一适当方式，包括评价生命、服兵役、生殖、生育？

And if not, how do we figure out? How can we determine what modes of valuation are fitting or appropriate to those goods?

如果不是，我们怎么知道不是？我们怎么决定哪些估价模式才能合适正当地评价那样的产品呢？

Several years ago there was a scandal surrounding a doctor, an infertility specialist in Virginia named Cecil Jacobson. He didn't have a donor catalogue because unknown to his patients, all of the sperm he used to inseminate his patients came from one donor, Dr. Jacobson himself.

几年前，有一则关于一位医生的丑闻，他是弗吉尼亚州的不孕专家，塞西尔·雅各布森。他没有捐精者名单，因为他瞒着病人，给她们人工授精的全部精子都来自同一个捐赠者，雅各布森医生自己。

At least one woman who testified in court was unnerved at how much her newborn daughter looked just like him. Now it's possible to condemn Dr. Jacobson for failing to inform the women in advance that would be the argument about consent.

在上庭作证时，至少一位母亲对她的新生女儿长得像他表示沮丧。现在我们可以谴责雅各布森医生没有事先告知女方真相，这就是关于同意的观点。

The columnist, Ellen Goodman, described the bizarre scenario as follows, "Dr. Jacobson," She wrote "Gave his infertility business the personal touch but now the rest of us," she wrote "are in for a round of second thoughts about sperm donation." Goodman concluded that fatherhood should be something you do, not something you donate.

专栏作家埃伦·古德曼这样来描述这个奇怪的境况，她写道，“雅各布森医生亲自参与了其不孕事业，而我们旁观者，” 她说，“则要重新审视精子捐献。”古德曼总结过，父亲是当出来的，而不是捐出来的。

And I think what she was doing and what the philosopher Elizabeth Anderson is doing and what Andrew was suggesting with his argument about dehumanization is pondering whether there are certain goods that money shouldn't buy, not just because of tainted consent but also perhaps because certain goods are properly valued in a way higher than mere use. Those at least are the questions we're going to pursue with the help of some philosophers in the weeks to come.

我认为她所做的，哲学家伊丽莎白·安德森所做的，以及安德鲁提出的关于没人性的观点都是在思考是否有某些东西是金钱买不来的，不仅是因为合同不完全自由，还可能是因为这些产品的价值评定不单纯限于它们的使用价值。这些问题我们将留待未来几周和其他哲学家的一起探讨。

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