The "spare parts person"? Conceptions of the human body and their implications for public attitudes towards organ donation and organ sale

Background  

The increasing debate on financial incentives for organ donation raises concerns about a "commodification of the human body". Philosophical-ethical stances on this development depend on assumptions concerning the body and how people think about it. In our qualitative empirical study we analyze public attitudes towards organ donation in their specific relation to conceptions of the human body in four European countries (Cyprus, Germany, the Netherlands and Sweden). This approach aims at a more context-sensitive picture of what "commodification of the body" can mean in concrete clinical decisions concerning organ donation.     

A Journey Toward Wholeness, a Journey to God: Physical Fitness as Embodied Spirituality

Physical fitness expressed through exercise can be, if done with the right intention, a form of spiritual discipline that reflects the relational love of humanity to God as well as an expression of a healthy love of the embodied self. Through an analysis of the physiological benefits of exercise science applied to the human body, this paper will demonstrate how such attention to the optimal physical fitness of the body, including weight and cardiovascular training and nutrition, is an affirmation of three foundational theological principles of human embodiment: as created in the “imago Dei”, as unified body/spirit, and as part of God’s creation calling for proper stewardship. In a contemporary climate where women’s bodies in particular are viewed through the lens of commodification—as visual objects for sale based on prescribed notions of superficial esthetics and beauty—as well as the consistently high rates of eating disorders such as anorexia, bulimia, and obesity, authors Greenwood and Delgado offer a vision of how women and men can imagine a subjective relationship with their own bodies that reflects the abundant love of God for God’s creation. Spoken from the lived experience of professional fitness competitor and trainer, as well as trained biokineticist, Dr. Greenwood presents the most current scientific data in the field of biokinetics that grounds the theological analysis offered by Dr. Delgado, whose personal journey through anorexia and scholarly emphasis on Christian theological anthropology inform this work. Taken together, Greenwood and Delgado suggest a response to God’s love for humanity, including our physical bodily humanity, which entails a responsibility to attend to the physical fitness of our bodies in order to live into the fullness, flourishing and love of God’s creation as God intended.     

Eudaimonism,Human Nature,and the Burdened Virtues

This article explores the prospects for a eudaimonist moral theory that is both feminist and Aristotelian. Making the moral philosophy developed by Aristotle compatible with a feminist moral perspective presents a number of philosophical challenges. Lisa Tessman offers one of the most sustained feminist engagements with Aristotelian eudaimonism (Tessman 2005). However, in arguing for the account of flourishing that her eudaimonist theory invokes, Tessman avoids taking a stand either for or against the role Aristotle assigned to human nature. She draws her account of flourishing instead from the beliefs about flourishing implicit in the feminist and black freedom movements. I examine the implicit conception of flourishing in the writings of two prominent leaders of the black freedom movement—Martin Luther King, Jr. and Malcolm X—and argue that Tessman's attempt to avoid the “sticky issue” of human nature is not successful. Tessman's defense of the burdened virtues depends on a particular reading of human nature as does a eudaimonist account of the virtues more generally.     

The venality of human body parts and products in French law and common law

The successive bioethics laws in France have constantly argued that the human body is not for sale and consecrated an absolute principle of free and anonymous donations, whether of semen, ova, blood, tissues or organs. Nonetheless, this position is not shared by all countries. These legal divergences upset today our moral principles and the development of these practices leads us to question the legal status of human biological material and its gradual commodification. This paper outlines the current law principles that protect people's interests in their bodies, excised body parts and tissues without conferring the rights of full legal ownership in French law and in Common law. Contrary to what many people believe, people do not legally 'own' their bodies, body parts or tissues. However, they do have some legal rights in relation to their bodies and excised body material. For lawyers, the exact relationship people have with their bodies has raised a host of complex questions and long debates about the status we should grant to human body parts. The significance of this issue is due to two reasons:first, because of the imperative protection we have to assure to human dignity and then, because of the economic value which is attached to human products.     

非法人体试验行为的刑法规制

非法人体试验行为具有严重的社会危害性,而现行刑法又无法全面进行规制,致使该行为得不到公正的处理,影响了刑法预防犯罪目标的实现。根据犯罪化所应当具备的社会危害性、刑法谦让性原则等条件以及国际立法经验,建议刑法修正后增加非法人体试验罪,并参照非法行医罪的法定刑进行刑罚设置。     

Coping profiles characterize individual flourishing,languishing, and depression

Abstract

According to the broaden-and-build theory of positive emotions, negative emotions narrow one's thought–action repertoire. In contrast, positive emotions have a broadening effect, expanding cognitive capacity, increasing potential coping strategies that come to mind, and enhancing decision-making, reaction, and adaptation to adversity. Fredrickson and Losada determined that a positivity ratio – the ratio of experienced positive to negative emotions – at or above 2.9 promotes human flourishing. A ratio below 2.9 is indicative of languishing individuals, whereas a ratio below 1.0 is a marker of depression. This study examined whether adaptive and maladaptive coping profiles differentiated those who flourish, languish, or are depressed in two convenience samples – military spouses (n =367) and public school teachers (n=267). Results were consistent with the theoretical predictions, as coping profiles of the groups differed significantly, with flourishing individuals favoring adaptive coping strategies more than those who were languishing or depressed. Conversely, depressed individuals reported greater use of maladaptive coping strategies than those who were languishing or flourishing. These results provide further empirical support for the mathematical model of Fredrickson and Losada, as the set of positivity criteria were predictive of coping profiles in two samples where successful coping and adaptation are important.     

Virtuous motives,moral luck,and assisted death

Abstract

In this paper I outline a motive-based virtue account of right action, according to which an action is right if it expresses or exhibits virtuous motive, and which defines virtue in terms of human flourishing. I indicate how this account allows us to deal with the problem of consequential luck. By applying this account to the question of whether it is ever morally right or acceptable to assist in someone’s death, I demonstrate how it also allows us to deal with the problem of circumstantial luck, which arises when an agent finds himself in a situation where he is forced to choose between two reprehensible acts.     

Feminists on the inalienability of human embryos

The feminist literature against the commodification of embryos in human embryo research includes an argument to the effect that embryos are "intimately connected" to persons, or morally inalienable from them. We explore why embryos might be inalienable to persons and why feminists might find this view appealing. But, ultimately, as feminists, we reject this view because it is inconsistent with full respect for women's reproductive autonomy and with a feminist conception of persons as relational, embodied beings. Overall, feminists should avoid claims about embryos' being inalienable to persons in arguments for or against the commodification of human embryos.     

EMBRYONIC PERSONHOOD,HUMAN NATURE,AND RATIONAL ENSOULMENT

This essay briefly describes a few of the problems associated with using personhood language to defend the right to life of the pre‐implantation embryo. Arguing that an immaterial soul explains the personal identity of an embryo is problematic for many people because there is no apparent spiritual activity in the unborn. While some scholars argue that the embryo has the potential to act as an adult person and thus should be protected from harm, others contend that potentiality alone is insufficient reason to ascribe special moral worth to the embryo in utero. For Thomas Aquinas, the soul is not only the life‐principle that organizes the human body, but it is also that by which the human being thinks and wills. By making suitable corrections to Aristotle's hylomorphic depiction of the soul–body relation, I suggest that a rational soul must be present from the moment of conception and that it is at the service of the (embryonic) person. What is of critical importance here is to accept that a human being is present from the moment of conception, something the vast majority of embryologists maintain, notwithstanding the inveiglement of those who state that the pre‐implantation blastocyst is simply a disorganized clump of cells.     

Meditation for Tourists in Thailand: Commodifying a Universal and National Symbol

Meditation in Thailand’s international meditation centers is presented in advertisements as both a universal practice and a cultural icon that links Thailand to its ancient past. National religions and religious symbols serve to re-inscribe particular images, places, and practices as part of the national heritage. The practice of meditation is contextualized within Thailand and Thai culture, while it is also de-contextualized as a universal practice in which international meditators can participate. At the national level, meditation is a marker of Thailand’s difference and exoticism. At the same time as Thailand’s otherness is highlighted, meditation is also connected with universal systems of science and rationality. I argue that these selective elements serve to reinforce consumer values and constitute a commodification of meditation for tourists. I demonstrate that this does not detract from the practice for foreign communities, but that it is an example of the creative adaptations for reaching a wide variety of audiences. By looking at meditation guidebooks and promotional materials about meditation, this article contributes to scholarly dialogues of the commodification of religious practices.     

交流 诠释 求同尊异——关于生命伦理学的跨文化研究

生命伦理学的跨文化研究,重在诠释不同文化传统伦理观念的历史轨迹,尊重道德的多元性,同时寻求共同点,以促进人类之间的合作和交流。不同伦理思想的交流中形成的某种共识和趋同,是社会共荣和医学发展的需要。否定伦理观念的多元和把伦理观念多元绝对化,都无益于人类健康事业的繁荣。     

The Decent Care Movement: Subsidiarity,Pragmatic Solidarity,and Cross-Cultural Resonance

Decent Care is the World Health Organization and The Ford Foundation’s joint effort to articulate a healthcare paradigm that makes a patient’s voice equal to the voice of the healthcare provider. In this article, the six tenants of Decent Care are outlined with particular emphasis on subsidiarity. Liberation theology’s preferential option for the poor maxim is presented and compared with other major world religions to demonstrate the cross-cultural focus of “decency.” The power of this paradigm is in its emphasis and proclamation of human flourishing in a healthcare setting, generally speaking, and more specifically, human flourishing in the presence of affliction from chronic disease or dying cross-culturally.     

Humanness can be said in many ways

The recent debates on human enhancement ask the question whether enhancing our capabilities is morally desirable. In a sense, the answer is straightforward: to enhance, that is to make things better, is, by definition, a good thing. However, to enhance has a special meaning in the present debates: it consists in going beyond our "natural" capabilities. Is it then still a good thing? To answer this question, it is necessary to ask what is the value of the goods we pursue through enhancement, and this is only possible in the context of a conception of human flourishing. There exist several conceptions of human flourishing; each demands that we improve ourselves in certain directions, depending on the various excellences and on the ideal of the person they promote. But are all means permissible to this effect? Of course not. A set of normative principles is suggested in order to determine which means are permissible. The result of this is that technological and biotechnological means raise no particular problem.     

Meaning making,self‐determination theory,and the question of wisdom in personality

Self‐determination theory (SDT) has advanced the most comprehensive model of motives for human flourishing in the field of personality psychology and beyond. In this article, we evaluate SDT relative to the process of meaning making, particularly from a narrative perspective, showing what SDT can and cannot explain about the construction of self‐identity and its relation to human flourishing. On the one hand, SDT explains how subjective assessments of need fulfillment drive the process of self‐determined living. The internal motives that follow such fulfillment serve as important themes in people's life stories that predict several markers of hedonic and eudaimonic well‐being. On the other hand, SDT's focus on subjective fulfillment limits what SDT can explain about how wisdom, which is a canonical good of both eudaimonia and meaning making, helps people make sense of life's more difficult or unfulfilling events. SDT may facilitate a facet of wisdom that is more subjective and experiential but not the critical facet of wisdom defined by objectively more complex structures of interpretation.     

REPRODUCTIVE TECHNOLOGY: A CRITICAL ANALYSIS OF THEOLOGICAL RESPONSES IN CHRISTIANITY AND ISLAM

Reproductive medical technology has revolutionized the natural order of human procreation. Accordingly, some have celebrated its advent as a new and liberating determinant of kinship at the global level and advocate it as a right to reproductive health while others have frowned upon it as a vehicle for “guiltless exchange of sexual fluid” and commodification of human gametes. Religious voices from both Christianity and Islam range from unthinking adoption to restrictive use. While utilizing this technology to enable the married couple to have children through the use of their own sexual material is welcome, the use of third party, surrogacy, and reproductive cloning are not in keeping with the sacrosanct principles of kinship, procreation through licit sexual intercourse, and social cohesiveness for building a cohesive family as uphold by both Christianity and Islam. To examine such larger issues emanating from these new ways of human procreation, beyond the question of legality, is a point which legal scholars in both Christianity and Islam, when issuing religious decrees, have not anticipated sufficiently. The article proposes to be an attempt to that end through a qualitative critical content analysis of selected literature written on the subject.     

Science,Religious Naturalism,and Biblical Theology: Ground for the Emergence of Sustainable Living

During this century, humans must learn to live in ways that are sustainable, both ecologically and morally. The global community already consumes more ecological resources than Earth can generate; population growth and increasing development are widening that gap. We suggest that paths to sustainability can be found by mindful reflection on meanings discerned in the convergence of a scientific understanding of nature, religious naturalism, and biblical understandings of creation. The patterns of ecological sustainability observed in natural systems and the wise ways of relating to the land discerned in the Hebrew Bible suggest that sustainability must be grounded in social and ecological justice and that just ways of living can emerge from a deep sense of the ways in which nature and all of humanity are interdependent. We conclude that the twentieth-century emphasis on individual control of our future must make room for the emergence of a new understanding of mutuality. There can be no flourishing apart from mutual flourishing.     

Rights: Foundations, Contents, Hierarchy

It would seem that we in the West are suffering from an increasing glut of rights. To the sixty-odd human rights that the Universal Declaration and its Covenants have long given us, must now be added the particular rights claims of an increasing number of ‘oppressed’ minorities, claims to compensation rights for just about every conceivable harm done and claims to ever more trivial things. This tendency is harmful insofar as it trivialises rights and devalues the coverage of rights. Human rights are fundamental and ought to be protected from these tendencies. Using an analysis of the foundations of human rights, and their function in maintaining autonomy in particular, this article analyses the content of rights – what must be fulfilled in order for a right to be protected – as a means of demonstrating the possibility of reducing the volume of rights without reducing rights coverage and of creating a defensible hierarchy.     

The role of the arts and humanities in human flourishing: A conceptual model

There is much debate on the value of the arts and humanities in our society. Each side provides strong arguments, but there has been little empirical research to draw on. A key reason for the lack of scientific evidence is the absence of a conceptual model on which to base investigations of the ways the arts and the humanities might contribute to human flourishing. To address this, we present a model to demarcate the domain of the arts and humanities by means of an extensional definition (e.g. majors, disciplines, and occupations) integrated with a functional analysis (i.e. modes of engagement and activities of involvement). We suggest immersion, embeddedness, socialisation, and reflectiveness as mechanisms by which the arts and humanities may enhance various forms of human flourishing. We conclude with implications of the model and ideas for future research to investigate the effects of the arts and humanities on human flourishing.     

What does it mean to use someone as "a means only": rereading Kant.

Debates about commodification in bioethics frequently appeal to Kant's famous second formulation of the categorical imperative, the formula requiring us to treat the rational (human) being as "an end in itself" and "never as a means only." In the course of her own treatment of commodification, Margaret Jane Radin observes that Kant's application of this formula "does not generate noncontroversial particular consequences." This is so, I argue, because Kant offers three different--and largely incompatible--interpretations of the formula. One focuses on the obligation to preserve rational willing; the second stresses respect for human (physical) dignity and integrity; the third views respect for others as "ends in themselves" as primarily involving a willingness to govern one's conduct by a procedure of impartial co-legislation. Only the third of these interpretations, I conclude, offers a reasonable and coherent approach to moral judgment about the limits of commodification.     

Cognitive extension,enhancement, and the phenomenology of thinking

This paper brings together several strands of thought from both the analytic and phenomenological traditions in order to critically examine accounts of cognitive enhancement that rely on the idea of cognitive extension. First, I explain the idea of cognitive extension, the metaphysics of mind on which it depends, and how it has figured in recent discussions of cognitive enhancement. Then, I develop ideas from Husserl that emphasize the agential character of thought and the distinctive way that conscious thoughts are related to one another. I argue that these considerations are necessary for understanding why forms of cognitive extension may diminish our cognitive lives in different ways. This does not lead to a categorical rejection of cognitive enhancement as unethical or bad for human flourishing, but does warrant a conservative approach to the design and implementation of cognitive artifacts.