关于克隆人试验与伦理学的三原则

由于克隆人试验的对象是人的活细胞,不是人的胚胎;并且由于人只能有限地决定自己的未来,根本无法决定自己的出生;同时由于基因诊断和修复有助于新生儿的健康,因而克隆人试验既不会伤害任何人的生命体,也不会侵犯任何可能出现的克隆人的自主权和平等权,进而不会违反伦理学的三原则。     

Spinoza on the Conditions that Nominally Define the Human Condition

ABSTRACT

In ‘Freedom of the Will and the Concept of a Person,’ Harry Frankfurt argues that a successful analysis of the concept ‘human’ must reveal something that distinguishes humans from non-humans, as well as indicate something informative about ‘those attributes [of ourselves] which are the subject of our most humane concern.’ In this paper, I present an analysis of Spinoza’s concept of ‘human’ as it is employed within his Ethics. I show that Spinoza’s concept of ‘human’ satisfies Frankfurt’s desiderata because I show that Spinoza’s concept of ‘human’ is, at core, a version of Frankfurt’s own. I argue that Spinoza’s account of human bondage and human freedom indicate that Spinoza sees humans as beings that possess higher-order volitions, and that comments Spinoza makes throughout his corpus shows that he views beings that lack higher order desires to be, in an important sense, non-human. The analysis here sheds light upon the community of entities that Spinoza’s Ethics is written for, as well as upon issues concerning the nature of Spinoza’s Free Man.     

BIOMEDICAL ETHICS: MUSLIM PERSPECTIVES ON GENETIC MODIFICATION

Technology pertaining to genetically modified foods has created an abundance of food and various methods to protect new products and enhance productivity. However, many scientists, economists, and humanitarians have been critical of the application of these discoveries. They are apprehensive about a profit‐driven mentality that, to them, seems to propel the innovators rather than a poverty‐elimination mentality that should be behind such innovations. The objectives should be to afford the most benefit to those in need and to prevent hunger around the world. Another major concern is the safety of genetically modified food. Muslims, as well as those in other religious communities, have been reactive rather than proactive. Muslims must connect scientific knowledge and ethical behavior based on faith. In Islam, there is no divide between the two. God has commanded us to seek knowledge and make discoveries to better our lives and our environment. We are trustees of this world and everything in it. The poor, the sick, and the wayfarers have a right to be fed and cared for. God reminds Muslims continuously that the earth and all the heavens belong to God; therefore, no one should feel hunger, no one should suffer or be prevented from sharing this bounty.     

JUST WAR THEORY,HUMANITARIAN INTERVENTION,AND THE NEED FOR A DEMOCRATIC FEDERATION

The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I consider Pogge's and Habermas's analyses as alternatives to Hobbesian conceptions of justice. Second, I consider the core conventions of international law, which are in tension with the primacy of state sovereignty in the UN system. Third, I argue that the just war tradition does not limit just causes for war to self‐defense; it supports saving innocent third parties from crimes against humanity as a just reason for war. While classical authors focused less on this issue, the point is especially clear in twentieth‐century just war theories, such as those offered by the American Catholic bishops, Jean Elshtain, Brian Orend, and Michael Walzer. Against Walzer, I argue that we add intractable military tyranny to the list of horrors meriting intervention if other ad bellum conditions are met. But these results require us to reexamine the “just authority” of first resort to govern such interventions. The Coordination Principle implies that we should create a transnational federation with consolidated powers in place of a treaty organization requiring near‐unanimity. But to be legitimate, such a global institution must also be directly answerable to the citizens of its member states. While the UN Security Council is inadequate on both counts, a federation of democracies with a directly elected executive and legislature could meet both conditions.     

A JEWISH CONCEPTION OF HUMAN DIGNITY

This paper depicts the meanings of human dignity as they unfold and evolve in the Bible and the Halakhah. I posit that three distinct features of a Jewish conception of human dignity can be identified in contrast to core characteristics of a liberal conception of human dignity. First, the original source of human dignity is not intrinsic to the human being but extrinsic, namely in God. Second, it is argued that the “dignity of the people” has precedence over personal autonomy and liberty, which are core liberal pillars. The third characteristic pertains to the potential conflict between personal autonomy and liberty, and God's commandments. The theoretical analysis of human dignity is then examined in light of several Supreme Court decisions in Israel during the 1990s. I illustrate that Jewish religious and secular‐liberal conceptions pull in different directions in the rulings of liberal and religious Justices in Israel.     

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.     

A RECONSIDERATION OF KIERKEGAARD'S UNDERSTANDING OF THE HUMAN OTHER: The Hidden Ethics of Soteriology

In this article, I embark on an analysis of Søren Kierkegaard's view of human otherness in strict correlation to his Christian philosophy. More specifically, my aim is to show that Kierkegaard's thought is essentially informed by a decisive appropriation of the soteriological category of sin which has momentous implications for Kierkegaard's views of selfhood and intersubjectivity. The main argument is that both Kierkegaard's negative evaluation of human otherness and his acerbic indictments of any collectivist interference in salvific matters cohere with his appropriation of the doctrine of the Fall. At the same time, I show in what sense Kierkegaard deems human alterity to be indispensable to one's spiritual self‐becoming expressed through the Christian imperative of loving the other as neighbor. Seen thus, agape, while supplementing Kierkegaard's creationistic psychology, actually becomes the necessary restorative opposite of sinfulness in the self's encounters with the distinct uniqueness of the human other.