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This essay explores Joel Feinberg's conception of liberalism and the moral limits of the criminal law. Feinberg identifies liberty with the absence of law. He defends a strong liberal presumption against law, except where it is necessary to prevent wrongful harm or offense to others. Drawing on Rawlsian, Marxian, and feminist standpoints, I argue that there are injuries to individual liberty rooted not in law, but in civil society. Against Feinberg, I defend a richer account of liberalism and liberty, linking them to human dignity, and a more positive role for law. Feinberg justifies liberty as an instrumental welfare‐interest, valuable in virtue of the way it serves the individual's ulterior goals. Drawing on the example of racism and civil rights, I argue that the value of equal liberty stems from its social role in constituting persons’ sense of their own worth and dignity. Against Feinberg, I claim that liberty's value is grounded in a shared historical ideal of personhood, not in the individual's goals or desires. Feinberg also links liberalism with an extreme anti‐paternalist position, on which individuals should be at liberty to alienate their very own right of personal autonomy. Drawing on the examples of slavery and drug addiction, I argue against this liberty, and the conception of liberalism and paternalism in Feinberg which leads to it. A liberalism founded upon an ideal of human dignity allows, even requires, a use of law to prevent persons from destroying the very conditions of their own autonomy and dignity.  相似文献   

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The Salafi movement presents itself as a moral guardian of Muslims in a world that, according to many, is filled with moral crisis, temptations and anti-Islam tendencies. Salafis claim that it is essential to return to the community of the pious forefathers seen as the most outstanding community of all times with the highest absolute moral standard. In this article I will show how individual participants engage with this idea of a moral community of believers yet remain vulnerable to the ambiguities and ruptures inherent in everyday life and within the Salafi movement. By exploring how Salafis passionately try to search for the ‘correct’ knowledge and strive to maintain a unity between knowledge, conviction and behavior, and the role of friendships therein, I argue that Salafism does not remain separate from the troubles of everyday but that these issues enter into and exist in Salafi thought and practice, not by being resolved but by being transformed into personal struggles. These ambiguities and ruptures may cause problems but also provide an incentive for Salafis to continuously work at the self-improvement of one’s piety, authenticity, and sisterhood and brotherhood.  相似文献   

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Robert Coles combines the insights of literature with the resources of medicine and psychiatry in order to understand and bring healing to people. Using the distinction between character and personality, Coles explores the active moral lives of children. To Coles, the moral purpose of the family is to develop character. Coles's contribution is not a new theoretical approach; rather, it is a literary documentary perspective that seeks to awaken and sensitize our moral imaginations.He is an instructor in moral philosophy at Notre Dame College in Baltimore, Maryland.  相似文献   

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The increasing reliance upon, and perhaps the growing public and professional skepticism about, the special expertise of bioethicists suggests the need to consider the limits of moral expertise. For all the talk about method in bioethics, we, bioethicists, are still rather far off the mark in understanding what we are doing, even when we may be going about what we are doing fairly well. Quite often, what is most fundamentally at stake, but equally often insufficiently acknowledged, are inherently political, essentially contested visions of the most compelling and attractive forms of life for individuals and social organization. The current situation in bioethics parallels similar debates in eighteenth-century jurisprudence, especially Jeremy Bentham's withering critique of the prevalent forms of judicial argument and his own, equally unsuccessful, attempt to develop a decision-making procedure in ethics that would operate on a plane above politics. The risk, both then and now, is that we will fail to appreciate the wide range of reasonable disagreement that will remain past the point of extended reflection and discussion.  相似文献   

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The author investigated the relationship between salient family processes and adolescent moral thought among a sample of 271 adolescents and their parents. Family-process variables measured were adaptability, cohesion, and parent-adolescent communication; adolescent moral thought was measured by the influence the adolescent participants attributed to sources of moral authority. Perceptions of high family cohesion were associated with the greatest influence attributed to the family as a source of moral authority. Perceptions of high family adaptability were associated with greater influence attributed to all sources of moral authority. Parent-adolescent dyads who perceived high positive communication showed strong parent-adolescent agreement on the levels of influence attributed to all sources of moral authority. The findings (a) support the view that a strong relationship exists between family-socialization processes and the content of adolescent moral thought and (b) redress an empirical imbalance in research literature.  相似文献   

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The paper deals with imagination and its failures from a psychoanalytic perspective. We offer a definition of imagination failures and suggest how they can be interpreted as an opportunity to learn from experience. In order to show that the topic has a concrete and not only speculative significance we consider the public report on September 11 as a case study. The report was published by the National Commission on Terrorist Attacks Upon the United States after a long investigation of the facts and circumstances relating to the September 11 attacks. The document has been the object of strong criticisms, as we argue in the paper. Both the document and some of the critiques that it received focus, however, on significant aspects of the debate about imagination, such us the fragility of imaginative thought, its dependence on unconscious desires and its plurality of outcomes: a plethora of imaginaries can in fact be developed at any time, from the same set of information about reality. We comment on these aspects and reinterpret them from a Bionian perspective. The concepts of ‘unthinkability’, ‘imagination failure’ and ‘depressive position’ are used to inform the necessity of dealing with an evolving and conflictual geopolitical scenario. Particular attention is paid to the proposal of ‘routinizing, even bureaucratizing, the exercise of imagination’ within the institutions that deal with National Defense. This possibility is discussed in depth in order to suggest how it may be concretely implemented. In conclusion, a strong case is made for the usefulness of psychoanalytic reflection in the arena of relationships among countries, with particular emphasis on the new terrorist challenges.  相似文献   

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This paper examined the links among sex role orientation, ego identity development and moral reasoning. 76 female and 58 male students were assessed on Bern's sex role inventory, ego identity, care-based and justice-based moral thought. For women, identity was negatively related to femininity and positively related to androgyny. Also, high levels of care-based moral reasoning, i.e., a balanced concern for the welfare of self and others, was related to androgyny for women. There were no significant findings for men. No significant relationships were found between sex role orientation and justice-based moral reasoning. Thus, the results suggested that for women in particular, relinquishing the stereotyped sex role definition and becoming more androgynous is important for their ego identity as well as care-based moral development.  相似文献   

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In reference to two central concepts of Albert Camus' philosophy, that is, the absurd and the rebellion, this article examines to what extent hisThe Plague is of interest to medical ethics. The interpretation of this novel put forward in this article focuses on the main character of the novel, the physician Dr. Rieux. For Rieux, the plague epidemic, as it is described in the novel, implies an unquestioning commitment to his patients and fellow men. According to Camus this epidemic has to be understood as a symbol of the absurd. Unable to base his actions on a Christian, metaphysical value system, Rieux sees his commitment as a continuous rebellion against the fact of the absurd, which opposes him in the form of evil, suffering and death. As a physician, Rieux is therefore forced to adjust his actions to life in its immediacy, that is, the suffering of his patients. In this article, it will be shown that Rieux's attention to the “immediate” is of particular interest to medical ethics: Theother person in need, rather thanmy moral convictions, sets the norm.  相似文献   

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Recognizing limitations in classic cognitive moral development theory, several scholars have drawn from theories of identity to suggest that moral behavior results from both moral judgments and moral identity. The authors conducted 2 survey-based studies with more than 500 students and managers to test this argument. Results demonstrated that moral identity and moral judgments both independently influenced moral behavior. In addition, in situations in which social consensus regarding the moral behavior was not high, moral judgments and moral identity interacted to shape moral behavior. This interaction effect indicated that those who viewed themselves as moral individuals pursued the most extreme alternatives (e.g., never cheating, regularly cheating)--a finding that affirms the motivational power of a moral identity. The authors conclude by considering the implications of this research for both theory and practice.  相似文献   

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In this study, the relationship between two aspects of the moral self, moral centrality and internal moral motivation, was analyzed. It is argued that these 2 aspects are conceptually distinct but nonetheless empirically related. Based on a cross-sectional study of 205 adolescents (M age = 14.83 years, SD = 2.21 years) it was found that moral centrality and internal moral motivation, even though substantially correlated, interacted in predicting moral emotion expectancies. Even though moral centrality was unrelated to adolescents' age it predicted a longitudinal increase in internal moral motivation over a 1-year interval. Overall, the findings call for a differentiation of moral centrality and internal moral motivation as 2 distinct but interrelated aspects of moral self-development that follow different developmental trajectories and are differentially related to age. At the same time, the study points out that adolescence may be less important for the development of the moral self than commonly assumed.  相似文献   

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