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。     

Alternative death rituals in Switzerland: building a community of shared emotions and practices

New alternative death rituals are gaining significance in Switzerland, like in other contemporary Western societies. This article discusses how celebrants who are independent of any religious community shape alternative funerals and why such rituals may be able to function as a coping resource for a certain kind of participants. I argue that these rituals, co-produced by celebrants and the bereaved and including actively involved participants, can be seen as a re-conquest of ritual agency for lay people. By encouraging physical and mental contact with the deceased, the celebrants try to enable emotional arousal and create a temporary community of shared experiences and emotions and of the living and the dead. Elements of an individually crafted spirituality and a kind of nature religion represent both separation and continuing bonds between the living and the dead. As a consequence, such funerals serve as a resource in the face of death by integrating a singular death with the wider context.     

Constructing the boundaries of Anglican orthodoxy: An analysis of the Global Anglican Future Conference (GAFCON)

This article examines the evolution of the transnational orthodox Anglican movement through the lens of the Global Anglican Future Conference (GAFCON)—the movement’s most significant public expression to date. GAFCON represented the first large-scale event at which a sizable number of Anglicans (ordained and lay) from both the global North and global South gathered to galvanise an ‘orthodox’ response to the current ‘crisis’ in the Anglican Communion (a crisis precipitated by debates over the status of homosexuality). The analysis is based upon fieldwork conducted at GAFCON, a review of a range of documentary sources, and retrospective interviews with several attendees. The article argues that GAFCON constituted a key moment for the attempted framing of movement objectives for participants, other Anglicans, and outside observers, fixing a standard of orthodoxy in the final Jerusalem Declaration. While attempting to project an image of orthodox unity to outsiders, GAFCON leaders also made the negotiation of certain aspects of cultural difference central to the event’s purpose. Detailed examinations are provided of two topics (homosexuality and female ordination) that exemplify the ongoing negotiation of the boundaries of orthodoxy within the movement. The article concludes with reflections on the significance and further development of the movement.     

Voices of African Traditional Healers: Cultural Context and Implications for the Practice of Counselling in Sub-Saharan Africa

The healing paradigm implicit in many sub-Saharan African cultures is embedded in African cosmology, and thus the recognition of this is essential for understanding Traditional African Healing practices and implementing collaborative counselling practices. To this end, this article focuses on the cultural importance, or voice, of traditional healers in sub-Saharan Africa. The current article uses an ethnographic approach to analyse systematically the cultural context of indigenous healing practices in sub-Saharan Africa. The anthropological importance of Traditional Healing practitioners, the context of healing, and the changing legal and ethical status of Traditional Healers are addressed as pivotal in furthering the development of this crucial, yet under utilized resource. The authors propose that such cultural understanding is highly relevant to the work of professional counselors.     

Step into liquid: Rites,transcendence and transgression in the modern construction of the social sacred

This essay looks at the construction and transformation of the notion of sacred space in the twentieth century. The notions of transgression and lived moments (or everyday rites), as put forth by numerous writers and architects, are examined as an alternative vision of the sacred and spatial ontology that relies upon material conditions and relations as its source. In particular, it focuses on the emergence of this social spatial category through the work of the Collège de Sociologie a group of ethnologists, philosophers, writers and artists (Georges Bataille was a founder) who convened bi-weekly at a Paris café between 1937 and 1939 in the hope of constructing a sacred sociology. This group's activity provides the groundwork for understanding how the social sacred emerges as a category of spatial practice in the late twentieth century, and how the categories of events and rites are explored by the youthful avant-garde in architecture that emerge from the 1960s. In particular, the architect Bernard Tschumi's writings on transgression and event provide a direct link to the sacred sociology of the Collège as he is a close reader of Bataille's, and the work of the European radical avant-garde in architecture from the late 1960s and early 1970s helps to elucidate how the Collegians call for a sacred sociology is manifest in what I call the sacred social. I proposes this new category of the ‘social sacred’ to explain a spatial category which emerges in the twentieth century, and which we can use to understand how space, architecture, and urbanism help to define and engender this new sacred category.     

The Rhetoric of Homosexual Practice

Many Protestant denominations have or recently had policies that prohibit “self‐avowed practicing homosexuals” from being ordained. By only prohibiting “practicing” homosexuals, proponents of these policies claim that they do not discriminate against homosexuals as a group since, technically, a homosexual can still be ordained as long as she is “non‐practicing.” In other words, a condemnation of homosexual practice is not the same as a condemnation of homosexual persons. I argue that this is not the case; the rhetoric of homosexual practice does, in fact, amount to a condemnation of gays and lesbians. It does so by conflating the two things it claims to keep separate—homosexual conduct and homosexual identity. I demonstrate this conflation by analyzing the history of this rhetoric and how it has been adjudicated in church court decisions from the United Methodist Church and the Presbyterian Church (USA).     

Mission and People with Disabilities

This article begins with a few thoughts and some historical and canonical encounters about how lay and ordained people with disabilities have been involved in Orthodox mission work in the past. It then presents two concrete contemporary situations in which people with disabilities are involved in Orthodox ordained ministry work despite the persisting tradition that disabled people not be ordained. The first example is taken from the Eritrean Orthodox Tewahedo Church, where the involvement of people with disabilities in both ordained and lay ministry provides significant support for a church that lives in a delicate situation. The second example is taken from the Romanian Orthodox Church and presents the case of Father Theophilus P?r?ian, one of the most prominent contemporary Romanian Orthodox monastic figures, who served as an ordained priest despite his disability. This article pleads for a deeper involvement of disabled people in both ordained and lay ministry in Orthodox churches.     

筮人"掌三易"及《周易》在先秦的传播

周代占筮《连山》、《归藏》、《周易》三易并用,但太卜、筮人、筮史之外的周人似更喜筮用《周易》．与此同时,周人大量语用《周易》,显示了《周易》在社会上超出卜筮职能范围的广泛传播、接受与应用．其传播方式除口耳相传外,已经出现书面传播,并伴有阐释文本,即《易》传,可见《易》学乃至《易》教的兴起．《周易》能够成为“六经”之一并传世至今,正与此有着直接的关系．     

先秦音乐与儒家的礼乐理想

中国古代音乐的基本理论在先秦时期已初具系统。从音律上看,先秦音乐与现代音乐或西方古代音乐不存在本质上的不同,但在音阶的选用上,人们把“五声”视为最理想的音阶,所追求的音乐意念是“和”。先秦儒家在继承周代礼乐制度的基础上提出了“礼以别宜、乐以敦和”的礼乐理想作为治国平天下的基本途径,不仅使礼乐之间的互补关系得到进一步发展,还使“乐”的含义发生了深刻的转化。所谓乐,不仅指声音的和谐,更重要的是内心的愉悦,即“无声之乐”。它所强调的是个人对差别性社会规范即礼的发自内心的认同,并从生活践履中获得和乐的内在体验。     

Tribal aspects of postmodern consumption research: the case of French in‐line roller skaters

Tribes constitute a research focus for postmodern consumer research and an alternative way of targeting marketing action. Consumers are supposed to value the goods and services which, through their linking value, permit and support social interaction of the communal type, products or services that support AB and not the fact of being A or B. This paper seeks to explore current developments in postmodern consumer research in terms of methods used to identify tribes and in terms of approaches used to elaborate an offer which is capable of supporting tribal rites and to capitalise, at a brand image level, on these tribal phenomena. Copyright © 2001 Henry Stewart Publications.