美国堕胎争论的伦理反思

2022年,美国联邦最高法院推翻了罗伊案中确立的堕胎判例,这立即在美国引发了激烈的法律和伦理争论。探讨了此裁决背后的历史背景和法律变迁,强调了堕胎争议中自主权与生命权的核心冲突。指出尽管自由主义社会倾向于强调个体选择的权利,但堕胎的道德与法律问题并未因此得到解决。各方除了继续产出精致缜密的修辞,似乎没有取得大的成效和共识。这种以个体为中心的道德观念可能导致社会对重要伦理问题的深入讨论和共识形成上的缺失。因此,呼吁更多关注于如何通过群体叙事和文化价值来塑造和理解堕胎的道德语言,以促进更广泛的公共道德对话。

     

论保护基因隐私需要引入权利形式

基因技术的发展将基因隐私保护问题摆在人类面前,“采用怎样的方式才能有效保护基因隐私”是一个亟待解决的疑问。从分析侵犯基因隐私所带来的社会危害出发,对“权利形式是否适用于保护基因隐私”这一问题进行分析,并得出肯定性结论。     

国民公正观的结构

对429名被调查者的研究发现,最为公众赞同的公正观依次为:(1)公正体现在法律面前人人平等;(2)公正体现为人们在求学、就业、投资、参政等方面的机会平等;(3)公正体现在程序公平合理。因素分析表明,国民的公正观是多元的,可分为6个维度,分别为权利、衡平、救济、报应、平等、平均。聚类分析的结果表明,公正内隐观的6个维度最终可聚为\"均等\"和\"对等\"2类。     

Conflict of interest in medicine in Lithuania: legal and ethical aspects

The current legal framework within the Lithuanian health system is described including a review of the physician’s autonomy, rights and duties, and patients’ rights including the right to reimbursement. The role of ethical codes and the law are discussed. An earlier version of this paper was presented at an International Conference on “Conflict of Interest and its Significance in Science and Medicine” held in Warsaw, Poland on 5–6 April, 2002.     

Hotep's Story: Exploring the Wounds of Health Vulnerability in the US

A wide variety of forms of domination hasresulted in a highly heterogeneous health riskcategory, ``the vulnerable.' The study of healthinequities sheds light on forces thatgenerate, sustain, and alter vulnerabilities toillness, injury, suffering and death. Thispaper analyzes the case of a high-risk teenfrom a Boston ghetto that illuminatesintersections between ``race' and class in theconstruction of vulnerability in the US.Exploration of his ``wounds' helps specify howlarge-scale social and cultural forces becomeembodied as individual experience of disparatehealth risk. The case demonstrates that healthinequities would not occur if resources –employment, income, wealth, education, housing,profiling in the legal system, and health care– were more justly managed in keeping withstandards outlined in the Universal Declarationof Human Rights. Professional responses to the``wounds of vulnerability' may reveal importantaspects of who we are and what our work asscholars, practitioners, and advocates mustbecome.     

From case management to prevention of scientific dishonesty in Denmark

In 1992, The Danish Medical Research Council established a national committee on scientific dishonesty with the twofold task of handling cases of scientific misconduct and taking preventive initiatives. Scientific dishonesty was proven in only five cases, but in another nine cases lesser degrees of deviations from good scientific practice were found. The experiences from a total of 24 treated cases indicated that three key areas were at the basis of most of the accusations and the deviations from good practice: uncertainty about 1) authorship, about 2) rights and duties to use scientific data and about 3) agreements at the initiation of joint studies. As a consequence guidelines on good practice have been issued on these key subjects. An earlier version of this paper was presented at a symposium, Scientific Misconduct. An International Perspective, organised by The Medical University of Warsaw, 16 November, 1998.     

Ethical Assumptions in Economic Theory: Some Lessons from the History of Credit and Bankruptcy

This paper evaluates the economic assumptions of economic theory via an examination of the capitalist transformation of creditor–debtor relations in the 18th century. This transformation enabled masses of people to obtain credit without moral opprobrium or social subordination. Classical 18th century economics had the ethical concepts to appreciate these facts. Ironically, contemporary economic theory cannot. I trace this fault to its abstract representations of freedom, efficiency, and markets. The virtues of capitalism lie in the concrete social relations and social meanings through which capital and commodities are exchanged. Contrary to laissez faire capitalism, the conditions for sustaining these concrete capitalist formations require limits on freedom of contract and the scope of private property rights.     

In Defense of Individualism

This paper offers a programmatic philosophical articulation of moral and political individualism. This individualism consists of two main components: value individualism and rights individualism. The former is the view that, for each individual, the end which is of ultimate value is his own well-being. Each individual's well-being has ultimate agent-relative value and the only ultimate values are these agent-relative values. The latter view is that individuals possess moral jurisdiction over themselves, i.e., rights of self-ownership. These rights (along with other rights individuals may come to possess) constrain the manner in which agents may pursue value. For this reason, the articulated individualism is an constrained individualism. Sketches of arguments are offered for both value and rights individualism. And it is argued that the sole legitimate function of legal/political institutions is to further delineate and protect the rights of individuals. However, the paper is also concerned to indicate why this radical moral and political individualism does not have many of the features or implications that are commonly ascribed to it. In this connection, I seek to show how this social doctrine accords with individuals' having concern for the well-being of others, with the emergence of relationships among individuals that have both instrumental and non-instrumental value, with a degree of responsibility for self and others that is often thought to be antithetical to individualism and, in general, with a flourishing of civil order.     

Letters, Notes, and Comments

Letter: Universal Declaration of Human Rights by the World's Religions
Commenting on Leaping into the Boundless: A Daoist Reading of Comparative Religious Ethics by Francisca Cho, Moral Reason, Risk, and Comparative Inquiry by Robin W. Lovin, Heuristic Power as the Test of Theory by Ronald M. Green, and The Author Replies by Francisca Cho