评中国思想家对道德与法律之关系的探索

儒家礼法合一论的真义是对“善法”的追求 ,对“恶法”的否定。因为善法体现了儒家的道德精神 ,反映了一种人道主义的价值取向 ,而恶法则是反人道的。墨家强调“法不仁不可以为法” ,其真实的意思是不道德的法律不是真正的法律 ,与儒家的礼法合一论有相似之处。法家主张“法虽不善犹善于无法” ,从而否定了法律的道德基础和价值根据。今天 ,我们在立法中贯彻道德的法律化取向需要谨慎从事 :一是注意把那些体现时代精神、合乎社会潮流的道德予以法律化 ,不能把落伍于时代的道德法律化 ;二是切忌把过高的道德义务转化为法律义务。必须认识到 ,应该法律化的道德只是“底线道德” ,而高层次的道德是不宜法律化的 ,否则就是强人所难。     

European values in bioethics: why,what, and how to be used?

Are there distinctly European values in bioethics, and if there are, what are they? Some Continental philosophers have argued that the principles of dignity, precaution, and solidarity reflect the European ethos better than the liberal concepts of autonomy, harm, and justice. These principles, so the argument goes, elevate prudence over hedonism, communality over individualism, and moral sense over pragmatism. Contrary to what their proponents often believe, however, dignity, precaution, and solidarity can be interpreted in many ways, and it is not clear which reading would, or should, be favored by popular opinion. It is therefore dangerous to think that any one understanding of "European", or any other, values could be legitimately imposed on those who have different ideas about morality in health care and related fields. Bioethical principles should be employed to promote discussion, not to suppress it.     

The Morality System with and without God

What I set out to do is to cast some doubt on the thesis that, in Bernard Williams's words, any appeal to God in morality either adds nothing at all, or it adds the wrong sort of thing. A first conclusion is that a morality of real, inescapable and (sometimes) for the agent costly obligations, while being at home in a theistic metaphysic, does not sit easily with metaphysical, atheistic naturalism. The second conclusion is that Christine Korsgaard's impressive ethical project which is neutral towards theism and atheism fails in giving a satisfying account of such obligations. My final claim is that a theistic account in terms of a strong divine command theory might succeed where non- and atheistic accounts seem to founder.     

Toward a New Concept of Global Morality

The human community faces today the most serious challenges ever to have confronted the planet in the areas of health, environment, and security. Science and technology are essential for responding to these challenges. More is needed, however, because science is not equipped to deal adequately with the values dimensions and the political issues that accompany the challenges. For an adequate response, there must be cooperative effort by scientists and statespersons, informed for moral leadership by the religious wisdom that is available. The religious communities can provide this spiritual dimension, thereby fulfilling their traditional role, but it will require their coming to terms with the character of the scientific and technological base of contemporary culture. The paper lays the conceptual groundwork for understanding these issues.     

当代大学生性道德价值取向调查研究

本研究以信度和效度较高的自编问卷,通过对我国经济发达不同地区的九所不同类别高校1673名大学生进行调查,揭示:不同类别大学生间的性道德观念存在显著差异;不过,大学生总体上对性道德持肯定态度,对性行为道德、边缘性行为道德的认可程度较高,对独自性行为存在矛盾心态,对同性恋倾向持否定态度。本研究提出:性行为道德由"贞操、感情、自愿、责任、忠诚"五因素构成;边缘性行为道德由"感情、自愿、责任"三因素构成。     

A Challenge to Brink's Metaphysical Egoism

Those who subscribe to aprudential conception of practical reason do not believe that there is a conflict between other-regarding and self-regarding norms as the former are held to be founded on the latter. Moral conduct, they maintain, is always rationally justifiable. The reasons we should fulfil the demands of other-regarding norms are the same as those we have for fulfilling self-regarding norms. David Brink has put forth an interesting and novel account of this approach to practical reason which he calls‘metaphysical egoism’. Metaphysical egoism requires that we modify our pre-theoretical understandings of self-interest on metaphysical grounds. I critically assess Brink’s argument and claim that metaphysical egoism does not adequately function as a motive or guide for action. It is susceptible to many of the same problems which strategic egoism faces. This revised version was published online in July 2006 with corrections to the Cover Date.     

Prosociality enhances meaning in life

A central feature of meaning in life is a consideration of more than oneself. We extend this logic to suggest that altruistically motivated prosociality – acting in ways that benefit others – is a self-transcending action that may provide meaning in life. Study 1 provided evidence of a relationship between self-reported prosocial behavior and meaning in life, even after statistically controlling for personality traits and self-esteem. Study 2 provided evidence that engaging in a prosocial action, via writing notes of gratitude, increased meaning in life. Study 3 provided evidence that individuals bolster perceptions of prosociality following threats to meaning. Study 4 suggested relationship satisfaction partially mediates the link between prosocial actions and meaning in life. These studies provide initial evidence that prosociality enhances meaning in life.     

Moral Utilitarianism and Attitudes Toward Animals

The majority of studies investigating attitudes toward animals have underscored the role of demographic and personality factors. The study of the role of general moral worldviews on attitudes toward animals represents an important complementary perspective. In the current study, we analyzed the relationship between moral utilitarianism toward humans and attitudes toward animals. In psychological and neuroscientific studies, moral utilitarianism has been shown to be related to empathy deficits. We expected that utilitarian decision making would be related to the endorsement of an instrumental representation of animals. We measured utilitarianism with the trolley problem, a hypothetical moral dilemma widely used in the psychological study of moral reasoning. A sample of 20,474 French adults answered an online survey measuring attitudes toward animals and moral decision making involving human beings. Results showed that irrespective of participants’ age and gender, there was a slight relationship between utilitarianism measured by the trolley dilemma and the endorsement of an instrumental representation of animal. Limitations and implications for future research are considered.     

What Is Legal Philosophy?

This article delineates some of the main issues that are debated by philosophers of law. It explores the connections between legal philosophy and other areas of philosophy, while also seeking to specify the distinctiveness of many of the concerns that have preoccupied philosophers of law. It illustrates its abstract points with examples focused on the separability of law and morality, the nature of the rule of law, the nature of rights, justifications for the imposition of punishment, and the identification of basic legal entitlements.