论当代生命伦理学与人权

生命伦理学面临诸多的伦理问题,其中最为凸显的是人权困境,生命伦理学与人权有着内在的本质联系和契合点,人权是生命伦理的核心和生长点,人权的基本理论和原则使生命伦理学的存在与发展成为可能,并且成为活生生的伦理现实。生命伦理学饱含丰富的人权意蕴,成为人权理论合理性的印证。要科学审视当代生命伦理学和人权关系,化解人权困境,推动生命伦理学的发展。     

The Expansion and Restructuring of Intellectual Property and Its Implications for the Developing World

In this paper we begin with a reference to the work of Hernando de Soto The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, and his characterization of the Western institution of formal property . We note the linkages that he sees between the institution and successful capitalist enterprise. Therefore, given the appropriateness of his analysis, it would appear to be worthwhile for developing and less developed countries to adjust their systems of ownership to conform more closely to the Western system of formal property. However, we go on to point out that property relationships within the Western system have become subject to redefinition through the expansion of Intellectual Property (IP) rights in ways that ultimately work to the disadvantage of the developing and less developed countries. We point out that this restructuring has been given global application through the implementation of the TRIPS agreement by the WTO. In the final section of the paper I suggest ways in which IP rights and relevant institutions can be reformed in order to avoid the disadvantages to the developing and less developed countries.

从医患冲突看医患权利保障的社会环境

从医患冲突的现状、产生的原因以及如何保障医患双方的合法权益等三方面对当今愈演愈烈的医患冲突问题进行了深入细致的分析,认为导致医患冲突的原因除了医疗管理缺陷与医疗服务问题等表面因素外,还有着诸如价值观念、权利意识、法制观念甚至传媒介入等涉及到社会综合环境的深层次的社会原因,必须加以重视.随着改革开放的不断深入,医患双方的利益格局发生了新的变化,只有从改善社会环境背景入手,才能适应这一变化,才有可能减少医患纠纷的发生,最终使医患双方的合法权利得到保障.     

Disputed practices and reasonable pluralism

This paper addresses the problem of disputed cultural practices within liberal, deliberative democracies, arguing against the currently dominant view, advocated by Susan Okin among others, that such problems represent a fundamental tension between two liberal values: gender equality and cultural autonomy. Such an approach, I argue, requires the state to render normative judgements about conceptions of the good life, something which is both arbitrary and unfair in societies characterised by reasonable pluralism. Disputed practices, I claim, are defined by the existence of reasonable disagreement over their legitimacy, which means they need to be resolved in a way that abstains from morally evaluating the religious or cultural doctrines of the group in question. The paper therefore articulates a cost-based approach to such problems. The cost-based approach focuses our conceptual attention on the sorts of publicly identifiable costs that any state decision will have on the various parties to a dispute. By restricting itself to public reasons, this method thereby avoids arbitrarily privileging certain conceptions of the good at the expense of others when determining the boundaries of reasonable pluralism. This revised version was published online in August 2006 with corrections to the Cover Date.     

How Ethical Are Ethical Purchasing Policies?

In recent years ethical purchasing policies have been promoted as potentially effective and promising ways of combatting global inequality and oppressive labour practices in developing countries. These initiatives have been launched on university campuses with the hope of opening a new front for improving labour rights under conditions of neo-liberal globalization. This paper is an attempt to respond to the critics of these policies, and especially their claims that ethical purchasing may have the perverse effect of increasing job losses and undercutting economic development in poorer countries. Although it can be shown that these criticisms are misguided, it is important to acknowledge that ethical purchasing should not be seen as a full-blown alternative to the kind of progress that can be achieved through state-centred labour regulation. Nevertheless, the new role of universities as monitors of corporate responsibility remains a promising one.     

Islamic Legal and Ethical Views on Organ Transplantation and Donation

In Islam, one of the core beliefs is in the life of the hereafter. At the end of time and all that exists, all human beings will be resurrected (in their bodies and souls) and will face the Day of Judgment. Even their body parts or organs will stand witness against them. Furthermore, in Islamic law, every action or thing is categorized either as legitimate or prohibited. This article explores ethico‐legal opinions on the issues of organ donation and transplantation in the light of these essential Islamic beliefs.     

Being Conscious of Marc Bekoff: Thinking of Animal Self-Consciousness

The preceding article by Marc Bekoff reveals much about our current understanding of animal self‐consciousness and its implications. It also reveals how much more there is to be said and considered. This response briefly examines animal self‐consciousness from scientific, moral, and theological perspectives. As Bekoff emphasizes, self‐consciousness is not one thing but many. Consequently, our moral relationship to animals is not simply one based on a graded hierarchy of abilities. Furthermore, the complexity of animal self‐awareness can serve as stimulus for thinking about issues of theodicy and soteriology in a broader sense.     

Social Research in the Advancement of Children's Rights

This article argues that investigators doing developmental and social research with children have, for the most part, failed to acknowledge the inherent implications of their work for children's rights. The impact of these studies upon children's rights occurs at every stage; from hypothesis formulation to hypothesis testing to dissemination of findings. This paper addresses the issue in the context of developmental research on children's ability to report experienced events accurately. This particular research area has generated data that has been extrapolated to legal contexts and created a foundation for assumptions about the credibility of child witnesses. This in turn has had profound effects on children's right to be heard and the weight given to their testimony. The argument is made that there is a need for social scientists to explicitly articulate how their work may impact upon children's rights and what is in fact the social agenda in this regard underlying their research.     

The Humanistic-Legal Problematic in Solov'ëv's Philosophical Journalism

Could anyone shake nineteenth century Russia out of herphilosophico-juridical stagnation? Was there anyone whodared speak of rights, of freedoms based on vital principles?Was there anyone who had the courage to suggest that the lawof force be turned into recognition of the force of law, orwas bold enough to call for the revival of natural law onits idealist reading? Solov'ëv turned out to be the thinkerwho was able to do these things. An amateur in juridicalquestions, remote from the enlightenment rationalizations ofpolitical liberalism, Solov'ëv set out to lay the basis forjuridical freedom in way that was unexpected philosophicallyand culturally.

     

Skills,training, and activism

Most studies of activism and social movements give more attention to methods and strategies than to the development of skills. Yet skills are crucially important to the success of campaigns. Research on expert performance provides insights into what is required to become highly proficient at a well-defined set of skills. These insights are potentially relevant to activists, as shown by the example of training for lunch-counter sit-ins in Nashville, Tennessee in 1960. Skill development needs to be given greater attention by activists and scholars.