论伦理秩序

实存的伦理关系是客观条件与主观条件的历史性统一,伦理关系本质上是现实合理性秩序中的关系,是有主体精神渗透其中并通过道德、法律、习俗等规则体系维系的关系,它的首要问题是秩序的合理性和正当性。研究伦理秩序应把道德和伦理两个概念加以区分;伦理秩序的顺畅和谐在于道德的有效调节,也在于法律的有效控制。伦理秩序在社会变革中经过必然与自由的辩证运动,使矛盾化解,推动社会和谐发展。和谐社会应当是以公正支撑的合理的伦理秩序的社会。     

德法次序:一种现代政治伦理学叙事

道德和法律的关系,是体现现代性本质的一个核心问题。“德法次序”概念,可以将日常德治和法治关系的探讨,纳入到具有普遍性的政治哲学框架中来,实现一种现代政治哲学叙事。     

从道德本位到权利本位的转换——梁启超《新民说》审视

梁启超《新民说》是对以《大学》为代表的中国传统“新民”思想的改造和发展。他以民权、独立、自由的资产阶级“公德”代替以伦理道德为核心的封建主义的“私德” ,用中西文化中的优秀道德传统构建新国民 ,实现了从以伦理道德为本位的旧道德向以权利为本位的新道德的转换 ,“旧国民”向“新国民”的转换。     

当代自由主义和社群主义之争:以公民资格为焦点

当代自由主义和社群主义之争涉及很多方面,但以公民资格为焦点来看,二者之间的主要差异表现为:自由主义以个体价值立论,重视个人自由和权利的保障,而社群主义则以群体价值立论,重视社会公共善的达成.这两种公民资格观所标榜的公民精神都在不同方面契合当代中国社会发展的需要.就我国当前现状而言,应从日常生活中的公民礼仪做起,培养和塑造以宽容尊重、平等交往为主要人格特征的新时代公民,由此,政治民主生活中负责任的好公民才可能产生.     

论医学伦理学的自主性原则

医学伦理学的自主性原则是对个人的自主和自由的尊重,其核心是对人权的尊重,包含有知情同意、保密、隐私等具体规则。自主性原则是根源于西方强调个性自由和选择的自由主义道德传统,我国古代哲人也提出过相近乃至相同的看法。     

Moral and religious issues in education

Difficulties in liberal secularism are considered in relation to the views of ethnic minorities and in terms of the misleading nature of its supposed neutrality and objectivity. Cultural liberalism is seen in contrast to be committed to the preservation of other cultures and to celebrating diversity. This might avoid relativism and, within the Wisdom Tradition, offer a mutual enrichment and better access to truth. The practice of religious education can be seen as implicating the general behaviour of the teacher and the ethos of the school. A postmodernist pedagogy, involving dialogue with text and teacher, might both respect diversity and recover a sense of mystery. Reassessment of the relationship between knowledge and morality might lead to new practice in moral education, with relevant activities leading beyond the facts towards reflection on values. Moral education might also go beyond the intellect to encourage appropriate emotional dispositions in a communicative ethics. The dominance of certain metaphors in the language of cultural identity and authenticity channels thinking: this needs to be questioned.     

Civil Ethics and the Validity of Law

This paper aims to clarify the nature and contents of 'civil ethics' and the source of the binding force of its obligations. This ethics should provide the criteria for evaluating the moral validity of social, legal and morally valid law. The article starts with observing that in morally pluralist Western societies civil ethics already exists, and has gradually started to play the role of guiding the law. It is argued that civil ethics should not be conceived as 'civic morals' which is in fact rather 'state ethics', nor as 'public ethics' which is said to reach its perfection when it becomes law, nor as ethics applicable primarily to the basic structure of a society (political liberalism), but instead as a citizens' ethics. Subsequently the paper attempts to show what the contents of this ethics are, and which ethical theory would be able to ground its obligations.     

Navigating the nuances: a matrix of considerations for ethical-legal dilemmas

At one time or another, we all have encountered cases with serious ethical and legal implications. How can we know that we have thoroughly explored every facet of these dilemmas? The authors present a 7-category matrix of the following considerations: moral principles and personal values, clinical and cultural considerations, ethics codes, agency or employer policies, statues, rules and regulations, and case law. Two clinical examples illustrate the usefulness of this multidimensional framework for professional psychologists. Implications and applications for practitioners and ethics educators are also discussed.     

Genealogy of Morality and Law

In order to clarify the relationship between morality and law, it is necessary to define both concepts precisely. Cultural realities refer to concepts which are more specifically defined if we focus towards the genealogy of those realities, that is to say, their motivation, function and aim. Should we start from legal anthropology, comparative law and history of law, law arises as a social technique which coactively imposes ways of solving conflicts, protecting fundamental values for a society's co-existence. Values subject to being protected are proposed by morality, the latter making subordination of law to morality inevitable. This explains that a great number of modern constitutions include a reference to fundamental moral values, that is to say, they have explicitly positivised moral contents. Legal reasoning, at all levels and expressions, needs to appeal to the aforementioned values. Constitutional reasoning, international law, legislative activity and judicial practice are studied to verify the latter. This subordination of law to morality sets out a serious problem: moralities are cultural realities which are only valid for a specific society. In order for law not to fall in a not very rational legal relativism, law should not be subordinated to morality, but to ethics, the latter understood as cross-cultural morality. The Universal Declaration of Human Rights was a step forward in this sense.     

Ethics, Law and Legislation: The Institutionalisation of Moral Reflection

This paper describes the different dimensions of the relation between moral reflection and legislative processes. It discusses some examples of the institutionalisation of moral reflection. It is argued that the relation between ethics and law is still an actual and relevant question. Ethics also has to reflect on its own role in political life. The paper defends the relevance of a theological perspective on the relation between law and ethics. In the last part it is argued that the modality of relation between ethics and law depends on the specific character of social domain.     

Being a Traveller—On Traversing the Self-Process in Qualitative Research

This paper addresses certain key questions about researching in psychology from a qualitative perspective. It debates the question of certainty versus variability—are truths fixed and universal or is there something beyond immortal, objective facts? The question of sharability versus particularity is raised—is the complete picture explained by generalisations or does one view the psychological landscape in a way that highlights the difference? The question of objectivity versus subjectivity is dwelled upon—should the researcher be a detached, neutral observer of the Other or should she let her subjectivity flow freely in the researching process? And finally, the question of neutrality versus positionality is examined—does reality come into focus only if the researcher stands at a certain distance or would her lens blur if she stands too close? Through engagement with these questions, the researcher, akin to a traveller who meanders across a littered landscape, attempts to traverse personal territories in the search of truths of human knowledge. The paper also delves into some of the unsettling aspects of qualitative research.     

“How dare you sport thus with life?”: Frankensteinian fictions as case studies in scientific ethics

Fictional scenarios involving "hard" science offer what are in effect case studies of scientific ethics. From his analysis of Shelley's novel, biologist Leonard Isaacs constructed a model of a "Frankenstein scenario," applicable to the dilemmas posed by the advancement of science in our time, as well as to fiction about science by such contemporary writers as Robin Cook and Michael Crichton. The special contribution of fiction to the study of ethics is that it both reflects and evaluates reality's infinite permutations. In reflecting and judging, the fictional scenarios engage our moral imagination and compel us to confront our personal ethos in relation to the evolving ethos of science.     

Liberalism,Communitarianism and the Project of Self

Abstract

In this article the authors seek to conceptualize a dynamic and inclusive understanding of personal identity within multicultural democracies such as South Africa, which will draw on both the liberal and communitarian traditions’ respect for the project of self. A preliminary layout for such a project emerges from a literature survey of recent, primarily South African publications on identity and culture, and it suggests that selfhood depends on: a) virtues, cultivated within cooperative communities which allow for effective freedom; b) a venture into existential uncertainty, which alleviates that fear of loss of identity that is supposedly central to many multicultural conflicts; c) the hermeneutic construction of identity through narratives that allow for a plurality of voices; and d) the creative transcending and re-interpretation of values and traditions. The authors contend that such an understanding of identity goes some way towards addressing the question of the way that diverse personal and group identities are to be accommodated in South Africa’s multicultural democracy, and to rethinking the unity which underlies diversity without resorting to liberalism’s reduction of personal identity to rational autonomy.     

伦理豁免刍议

伦理豁免,是在一定的伦理尤其是亲属关系(一定程度上包括朋友关系)中,在究竟是履行伦理的义务、还是履行法律的义务之间,人们陷入紧张冲突甚至两难的情况下,被法律赋予一定的特殊权利,得依法免除法定的义务、责任甚至罪责。中华伦理、中华法系以伦理豁免来解决伦理、法律的矛盾,有宝贵的理论和实践;其中蕴涵的基本价值是,通过维护伦理,从根本上维护社会秩序。伦理豁免对今天解决伦理、法律之两难,仍是宝贵的智慧。     

READING HAUERWAS IN THE CORNBELT: The Demise of the American Dream and the Return of Liturgical Politics

In this paper I examine criticism of Hauerwas's critique of American democracy and liberalism, and of American violence and war, as sectarian and politically irrelevant. This twin account has the merit of engaging his critics from left and right. I show that his critique of American Christians, and their support of America's ways of promoting justice and freedom at home and in the world, has analogies with Foucault's genealogical project in France, and represents a more powerful critique of American imperialism and militarism, and of a compliant church, than efforts to sustain the purchase of rights talk or liberal justice in contemporary theological ethics.     

一名宗教信仰者输血引发的思考

输血挽救了无数危重患者的生命,但少数宗教信仰者在自己或其家属急需输血时却拒绝输血治疗,而目前我国的法律法规在这一方面尚无明确规定,在此种情况下是否输血,医师处于两难的选择,也较易引起医患纠纷,为此建议我国卫生及其司法部门尽快制定相关法律法规,使医务工作者,在遇到此类问题时有章可循,有法可依。     

人本视域下的和谐社会及其政治、伦理构建

来自于不同学科的对和谐社会的热烈探讨,成为近年来中国学界的一大理论景观.随着认识的深入,对和谐社会构建途径的探讨无疑是最具现实性与价值性的方面.作为一种社会状态而非社会形态,和谐社会本质上表现为以人为本的主体性和谐.依据社会主义和谐社会的特定内涵和特征,我们认为在和谐社会构建的众多可能途径中,不仅需要公民社会的政治建构和制度保障,更需要相应的现代意义上的公民伦理和公民道德建构.公民社会以制度化的形式确立民主法制、自由平等、公平正义等当代社会基本价值理念,并确保全体国民共享和受惠于这些理念,从而为建立真正的和谐社会提供制度保障;公民伦理、公民道德作为公民社会的观念形态、精神蕴涵、文化表征与价值确证,揭示公民社会的本质特征和本质要求,为公民社会的建构提供价值导引与方法论指导,从而为和谐社会的构建提供坚强的基石和后盾.     

Is Personal Identity Evaluative?

Abstract

Martha Nussbaum subscribes to the view that our identity is an evaluative question determined by our common, deeply held beliefs about what is worthwhile in human life. In so doing, she asserts that for an account of ethics to have “philosophical power” it needs to be grounded in an account of human nature that is both evaluative and internal.

I focus on Nussbaum’s claim that personal identity has to include the necessary features of practical rationality and sociability. Although Nussbaum puts forward self-validating arguments to prove that we cannot - on pain of pragmatic inconsistency - dispute that practical rationality and sociability are necessary features of human life, it is my claim that her account is flawed. The nature of the relationship between ethics and human nature is the broader context to such debates. This paper raises questions regarding on the one hand, whether it is possible to found ethics in human nature and, on the other, what we are to make of accounts that turn on the assumption that identity is ethical, not metaphysical.     

Ethos and Eidos as Field Level Concepts for the Sociology of Morality and the Anthropology of Ethics: Towards a Social Theory of Applied Ethics

Human Studies - This article presents the notions of ethos and eidos as field level concepts for the sociology of morality and the anthropology of ethics. This is accomplished in the context of...     

Schools as Ethical or Schools as Political? Habermas Between Dewey and Rawls

Education is oftentimes understood as a deeply ethical practice for the development of the person. Alternatively, education is construed as a state-enforced apparatus for inculcation of specific codes, conventions, beliefs, and norms about social and political practices. Though holding both of these beliefs about education is not necessarily mutually contradictory, a definite tension emerges when one attempts to articulate a cogent theory involving both. I will argue in this paper that Habermas’s theory of discourse ethics, when combined with his statements on constitutional democracy and law, manifests this tension for formal education. Through a contrast with Dewey’s social-liberal view of education on the one hand, and the procedural liberalism and its associated view of education, common to Rawls and others writing in the contemporary Anglo-American tradition on the other, the questions of what this means for education and why it matters are raised and addressed.