知情同意的临床实践存在的问题及对策

临床医疗实践中贯彻实施知情同意原则旨在保护病人的权益不受侵犯,然而知情同意原则实施起来并不简单,它常常会受到主客体两方面种种因素的制约,陷入意想不到的困境。分析了知情同意原则在实施过程中可能出现的一些难以回避的问题,并针对这些问题探讨了若干对策。     

Putting on Virtue Without Putting Off Feminists

Mary Wollstonecraft's account of virtue discourse and formation, which deploys ancient and medieval ethical resources for modern purposes, challenges a prevalent narrative in Christian ethics today. Several prominent Christian virtue ethicists have left the false impression that serious reflection on the virtues depends on pre‐modern traditions and the eschewal of modern resources. Troubled by skeptical quandaries and the difficulty of adjudicating conflicting claims about virtue, they are concerned with securing a pre‐modern court of appeals. Many feminists worry that these appeals unduly constrain because they naturalize what is contingent and fix what should be open to debate. Wollstonecraft does not share the skeptical concerns and so has no need for metaethical appeals. Adapting Edmund Burke's moral philosophy, her use of virtue discourse deploys his metaphor of “the wardrobe of the moral imagination” to more religious, radical, and democratic ends. This way of proceeding signals the possibility of a rapprochement between feminists of various stripes and those interested in deploying the discourse of the virtues for contemporary Christian ethics.     

Religious Ethics and the Environment

This essay discusses three recent books which each offer an integrative account of religious ethics and the environment. Religious environmental ethics is an area of inquiry within the larger field of religion and ecology. After a narrative that contextualizes the development of religious environmental ethics in relation to the environmental social movement, I describe the formation of the field including its focus on worldview, the “cosmological turn,” and its engagement with science, the “cosmic turn.” Elizabeth Johnson exemplifies the cosmic turn by developing a Christian theology of life in nature which explicitly accepts Darwin's theory of evolution. Willis Jenkins advocates a prophetic pragmatism and critiques a focus on worldview that is abstracted from practice and defers moral responsibility. Larry Rasmussen joins analysis of worldview with reflection on cross‐cultural resources for “anticipatory communities” of moral formation to catalyze change. I argue with Rasmussen that religious environmental ethics needs multiple approaches and should allow room for methodological pluralism.     

Yeshayahu Leibowitz's Axiology

This essay explicates and assesses Yeshayahu Leibowitz's axiology, and its relation to the value he claims halakhic (Jewish legal) practice instantiates: service of God. It argues that, while Leibowitz often affirms a relativist “polytheism of values,” he sometimes implies that the religious value is the “most valuable value.” However, this is not due to its material content, because serving God is objectively best; rather it is because, consonant with his negative theology, it most fully instantiates the formal properties of a value. The essay concludes by assessing the tenability of Leibowitz's metaethics as well as the argument for positing this contentless value as an intention and reason for halakhic practice.     

THE THEOLOGICAL ETHICS OF HERBERT McCABE, OP: A REVIEW ESSAY

Herbert Mc Cabe, OP (d. 2001), was a significant theological figure in England in the last century. A scholar of Aquinas, he was also influenced by Wittgenstein and Marx, his reading of whom helped him articulate a distinctive Thomistic account of human embodiment that serves as a critique of other dominant approaches in ethics. This article shows McCabe's contribution to moral theology by placing his work in conversation with other important approaches, namely, situation ethics, proportionalism, and the New Natural Law Theory.     

How Ethical is Islamic Banking in the Light of the Objectives of Islamic Law?

Islamic banking is based on moral foundations that make it distinct from conventional banking. Some argue that because of its foundation in Islam, Islamic banking may represent a more morally appealing alternative. Yet, evidence shows that this is not the case. Indeed, the current practice of Islamic banking has not been able to achieve its goals which are based on Islam's moral values: to enhance justice, equitability, and social well‐being. This essay examines the extent to which Islamic banking is ethical and concludes that the practice of the industry does not seem to be de facto ethical from the Islamic perspective of ethical values. It only consists in trading the same instruments of conventional banks without genuinely enforcing Islam's ethical vision. The practice of Islamic banking misrepresents Islam and does not contribute to solving social problems. The interaction between maqasid al‐shari?a (objectives of Islamic law) and qiyās (deductive analogy) provides a supplementary tool for interpreting the failure of the prior in terms of the practical misuse of the latter by Islamic banks. This essay provides an interpretive approach to the current debate about why Islamic banking has failed and suggests ways to move cautiously in the future.     

FREE YOUR MIND: BUDDHISM,CAUSALITY, AND THE FREE WILL PROBLEM

The problem of free will is associated with a specific and significant kind of control over our actions, which is understood primarily in the sense that we have the freedom to do otherwise or the capacity for self-determination. Is Buddhism compatible with such a conception of free will? The aim of this article is to address three critical issues concerning the free will problem: (1) what role should accounts of physical and neurobiological processes play in discussions of free will? (2) Is a conception of mental autonomy grounded in practices of meditative cultivation compatible with the three cardinal Buddhist doctrines of momentariness, dependent arising, and no-self? (3) Are there enough resources in Buddhism, given its antisubstantialist metaphysics, to account for personal agency, self-control, and moral responsibility?     

Better Never to Have Been Born

The pro‐life paradox, as I call it, begins with a single claim endorsed by many American Christians: infants and young children are innocent in the sight of God because they cannot yet take responsibility for their spiritual well‐being. With this in mind, I argue that pro‐life believers have unwittingly fallen victim to a theological paradox in which their attempts to save the earthly lives of unborn children make it theoretically possible for said children to die an eternal death. On the one hand, many Christians trust in an eventual spiritual reckoning where God will separate the “sheep” from the “goats” (see Matthew 25:31–46), ushering the former into heaven while damning the latter to hell. However, those who cannot yet repent and seek salvation are not blamed for their spiritual failings. If they die, they go to heaven because they are too young and intellectually immature to know any better. But if dead children are spiritually blameless, then abortion practitioners have perversely and paradoxically saved millions of unborn souls by removing human volition (and thus damnation itself) from the equation and by making it possible for the unborn to experience the joys of heaven without the temptations of earth.     

THE ETHICS OF LAND RESTITUTION

Many indigenous communities were dispossessed of their land during the period of colonial rule. This long process resulted in forced demographic removals and perennial poverty. Nowadays these communities, especially Third World groups, seek redress of this situation through legal processes of land restitution. This process is met by resistance from landowners in these countries, the colonial powers of old, as well as from big corporations that benefited from the dispossession. The investigation undertaken in this article addresses the ethics of land reform from a Christian ethical perspective. The policy of land restitution in South Africa is used as a case study, but the results of this research are also applicable to other parts of the world where land restitution is considered. The article first evaluates the biblical teachings of land and land reform and their implications for modern ethics. In the light of these issues, the article addresses the question of whether land ownership can be considered as a fundamental human right. The article also focuses on the legality of expropriation and dispossession of land for the purposes of restitution. Moreover, guidelines for fair and legal restitution within the context of Christian ethics and legal philosophical principles are proposed.