论代孕亲子关系法律适用的困境与出路——以儿童最佳利益原则为视角

代孕关系是一种互为目的的交换关系,代孕需要伦理提供正当性的辩护和道德支撑。我国虽为禁止代孕的国家,但代孕亲子关系的法律适用困境仍难以破解,其中包括代孕儿童的人格尊严、道德地位以及成长的现实需要等问题直接导致代孕儿童被置于“商品化、无国籍和无父母”的风险之中。联合国《儿童权利公约》已为各国在代孕亲子关系认定问题上,提供了一个共同的伦理原则和法律框架,儿童最佳利益原则不仅为国际合作凝聚共识,还可以作为对代孕儿童进行伦理关怀,以及代孕亲子关系法律适用的基本道德原则。

     

A Zero-Relationship Justification of Rights： A Contractual Approach Based on Rawls＇ Device of the ＂Original Position＂

In contemporary moral and political philosophy, there are two leading approaches to the justification of rights. These could be broadly identified as deontological theories and consequential theories. These two schools of theories each have their own strengths and weakness, while there is also a third contractual approach that is under represented. Because Rawls＇ and Scanlon＇s well-known contractual theories are designed for purposes other than the justification of rights, the purpose of this paper is to establish a principle of rights on the basis of Rawls＇ justification device of the ＂original position.＂ First, it supplies a criterion based on human conduct or action. Second, based on this account of human conduct, different types of relationships are constructed and presented to the parties in the ＂original position.＂ Third, it will show that the parties in the ＂original position＂ would choose one of these relationships as the principle of rights. Finally, Rawls＇ first principle of justice will be reformulated. The procedure of choosing a principle of rights in this paper could also be viewed as a demonstration that, when properly situated and motivated, human beings exhibit their potential as rational beings.     

On Replacing the Ethical Principle of Autonomy With an Ethical Principle of Accordance

The author defines and critiques the ethical principle of autonomy. As a concept, autonomy is most aligned with paradigms of counseling that focus on the individual as a psychological entity with moral agency. It is less consistent with frameworks that focus on relationships philosophically and in practice. Autonomy is paradoxical, because it is a consensually defined principle imposed on counseling practice while denying counselors a choice in its application. The author suggests accordance as an alternative ethical principle. Accordance is consistent with relational paradigms of practice and the other relationship‐focused ethical principles in counseling. Accordance fully contextualizes individual responsibility and choice.     

精神障碍诊疗实行自愿原则的伦理辩护

精神病患者的自主权应当得到相应的尊重和保护,作为社会的弱势群体,精神病患者的认知和行为能力存有缺陷,无法完全对自身的健康与合法权益予以保护,“自愿原则”将精神病患者从历史“异端”拉进社会关爱中,并用法律予以规范,是法制与人权的进步。通过对维护患者利益原则、尊重自主权原则、知情同意权原则、维护公共利益原则和公正原则进行伦理精神分析,论述《精神卫生法》对精神障碍诊疗实行自愿原则的相关规定,提出“自愿原则”实施的伦理正当性,为衡平正义提供价值考量。     

两性畸形患者性别定位的选择及思考

探讨两性畸形患者性别定位的选择原则和由此引发的社会问题。患者应正确认识两性畸形疾病, 并且选择正确和完善的治疗方法。两性畸形患者作为社会弱势群体, 应当得到人们的理解、同情和帮助。近年来两性畸形患者的就诊数量不断增多, 患者性别选择后的生活状态可在一定程度上反映整个社会的进步情况。如何正确对待两性畸形患者, 不仅仅是医学上的问题, 而且涉及到伦理问题。对待这类患者, 遵循一定的性别定位选择原则, 将对患者的治疗和维持社会稳定具有重要意义。     

如何实现慢性乙型肝炎的理性治疗

慢性乙型肝炎是一种常见的、严重危害人类健康的传染病。为了合理治疗慢性乙型肝炎病人,必须把握慢性乙型肝炎的治疗目标、治疗原则和恰当的治疗时机,明确如何选择恰当的药物。     

中医学防治亚健康的机制与方法研究

随着传统医学模式的转变,亚健康状态的研究已经成为当今医学的热点。但由于其系统研究的不足,亚健康状态产生与治疗机制尚未明确,在亚健康的治疗上仍然存在许多困难和未知。总结了中医学对亚健康状态的防治机制,提出了亚健康状态的治疗原则和防治方法。     

Resource availability hypothesis: Perceived financial and caloric status affect individuals' height preferences for potential partners

Height is an important concern in human mate choices. Prior research indicates that people who live in areas with abundant resources differ from those who live in areas with scarce resources regarding height preferences. Based on a health‐maximizing principle, we propose a resource availability account for such differences. Compared with women's height preferences, men's height preferences are hypothesized to be more dependent on either financial or caloric resource availability. Specifically, taller females would be more preferred by males who are poor in resources than those who are rich in resources. Results from three studies supported these hypotheses. In Study 1, men from remote areas of China who had lower family income preferred taller women more than those from eastern China who had higher family income. In Study 2, men who were financially dissatisfied preferred taller women more than those who were financially satisfied. In Study 3, men with low caloric status preferred taller women more than men with high caloric status. In addition, women's height preferences in Studies 1, 2 and 3 were less determined by resource availability. These findings suggest that height preferences are changeable, depending on financial or caloric status.     

On the reception of the concept of the death drive in Germany: expressing and resisting an ‘evil principle’?

With Beyond the Pleasure Principle, Freud attempted ‘to describe and to account for the facts of daily observation in our field of study’ (1920, p. 7), in particular concerning destructive clinical phenomena that confront us in the analytic situation: traumatic neuroses, melancholic states, negative‐therapeutic reactions, masochism, repetition compulsion and so on. The author demonstrates in the first section how Freud's own resistance – later self‐diagnosed – to recognizing these unwelcome facts was expressed in the terminological and conceptual ambiguities of the death drive hypothesis then introduced, ambiguities that to some extent continue to impede the reception of its clinical usefulness to this day. As soon as Freud had demonstrated the connection with clinical practice more directly in The Ego and the Id (1923), some contemporaries adopted it as a helpful clinical concept, while others believed that they could (and must) refute it. The second part outlines its reception in the 1920s and 1930s, which was part of an international discussion that was, of course, initially conducted mainly in German. The beginnings of an important further development of the death drive hypothesis are described in a separate section because it originated from Melanie Klein's earliest experiences in analysing children in Berlin in the early to mid‐1920s. She referred at that time to an ‘evil principle’, and in 1932 published her view of the death drive hypothesis, which was further developed in subsequent decades by her and her followers in London. In this period, conditions changed dramatically: in Germany Freud's books (among others) were burnt, crimes against humanity were instigated and psychoanalysis ceased to exist in this country. Almost all the analysts who published on the death drive had to emigrate. From then on, entirely different discourses took place in the various regions. In Germany, the death drive hypothesis was (largely) disregarded or rejected for decades after the Holocaust. Frank demonstrates how the uncritical recourse in relevant works to this day to an article by Brun in 1953 that considered the death drive to have been comprehensively refuted on the basis of (apparently) comprehensive literature research can be understood as a symptom. Pursuing some reflections by Beland (1988) and Cycon (1995), the author expounds her thesis that in Germany the clinical usefulness of the death drive hypothesis could not be considered as long as destructive impulses were still an immediate social reality. According to the author's observations, in stating that there had been a ‘definite reaction formation against death drive hypotheses’, Brun had unintentionally made an accurate diagnosis. It was not until the realization of inevitable perpetrator identifications (‘Hitler in us’) in this country became (more widely) possible that a concern with the death drive hypothesis could also resume. In the final section, the author takes up one line of this development and traces how some German analysts in the 1980s came into contact with Kleinian developments that had since occurred and how these found and find their way into their analytic working. She closes by asking whether it might be appropriate to consider Melanie Klein's concept of an evil principle – along with the pleasure and reality principles – as a less ambiguous one for the phenomena under consideration.     

Moral Dilemmas in Military Situations: Proportionality Principle,Religiosity, Political Attitudes,and Authoritarian Personality

The current study focuses on a moral dilemma in military situations: the amount of force to be used in order to neutralize a “most wanted” terrorist. This study examines the association between this moral dilemma with 4 independent variables: agreement with the proportionality principle (mediating variable), level of religiosity, authoritarian personality, and political attitudes. Three equal groups of participants (together, N = 357) were included: Israeli regular army combat soldiers, Israeli reserve combat soldiers, and Israeli students. In accordance with the study hypotheses, the 4 independent variables significantly correlated with each other and with moral decisions. Structural equation modeling indicated that agreement with the proportionality principle is the best predictor of moral decision, and mediated the association between level of religiosity and political attitudes and moral decisions.