scholarly journals 儒家正義論及其對醫療公正問題的啟示

Author(s):  
Shunqing ZHANG

LANGUAGE NOTE | Document text in Chinese; abstract also in English.正義是一個歷史範疇,任何具有實踐品格的正義理論都只能是與特定道德共同體特殊的善的規定相聯繫的正義論,從這一意義上說,儒家當然也有自己的正義論。儒家正義論是以天道性命的邏輯關係為起點,通過仁、禮、義三維一體的倫理結構而表現的正義論。這種正義論將社會正義與個人正義統一起來,總體上體現為一種“厚生”的思想意識和行動。由於“生”具有不同的實踐領域和境界層次,從而使儒家正義論具有多維的展現向度。把這種正義論應用於醫療公正領域,儒家主張醫療保健政策必須以維護國民的生命意義和完整實現為前提,主張政府應提供一種基礎性的全民性的醫療保障和保健制度。但儒家不認同單級的平等主義的分配制度,而是強調資源的差等分配,但資源差等分配的前提不在於每個人實際的貧富狀態,而取決於人的修德程度或者說後天努力與貢獻的程度。個體對自我生命的完整實現負有天定的義務,因此儒家主張在醫療保健領域應當賦予個體和家庭以更多的自主權。In the West, “justice” is a complex ethical principle, with meanings that range from the fair treatment of individuals to the equitable allocation of healthcare resources. Justice in bioethics is perhaps the most contested and controversial principle. This paper argues that the Confucian notion of justice is neither rights-based nor distributive; rather, it is based on the virtues of humanness and benevolence (ren), correct behavior and propriety (li), and uprightness and appropriateness (yi). Those virtues cherished in the Confucian tradition constitute what can be called a Confucian concept of justice, the primary principle of which is to respect human life. This means that in the healthcare system, the Confucian idea of justice is approached from the perspective of equality and fairness. On the one hand, the government should provide basic care for all persons according to the virtue of humanness/benevolence; on the other hand, the government should allow for diversity and differences in medical treatment and healthcare resource allocation according to the virtues of propriety and appropriateness, given that medical resources are limited and China supports a huge population. In other words, the government has the responsibility of providing public health care to those who cannot afford to pay for their own basic healthcare needs. At the same time, the government should allow for alternatives and should permit people to choose between ways of dealing with their medical issues.Clearly, the language of “rights” is absent from the Confucian tradition. However, this essay argues that because the Western notion of justice, particularly in the legal sense, does not take into account what is good, the Confucian virtue-based justice better fits the cultural milieu of medical practice in China. From the standpoint of Confucianism, healthcare and bio-medical ethics should be more concerned about what is good for society, family, and the individual than about absolute equality or the principle of fair equality, which engender both moral and economic hazards.DOWNLOAD HISTORY | This article has been downloaded 259 times in Digital Commons before migrating into this platform.

Author(s):  
Andri Setyorini ◽  
Niken Setyaningrum

Background: Elderly is the final stage of the human life cycle, that is part of the inevitable life process and will be experienced by every individual. At this stage the individual undergoes many changes both physically and mentally, especially setbacks in various functions and abilities he once had. Preliminary study in Social House Tresna Wreda Yogyakarta Budhi Luhur Units there are 16 elderly who experience physical immobilization. In the social house has done various activities for the elderly are still active, but the elderly who experienced muscle weakness is not able to follow the exercise, so it needs to do ROM (Range Of Motion) exercise.   Objective: The general purpose of this research is to know the effect of Range Of Motion (ROM) Active Assitif training to increase the range of motion of joints in elderly who experience physical immobility at Social House of Tresna Werdha Yogyakarta unit Budhi Luhur.   Methode: This study was included in the type of pre-experiment, using the One Group Pretest Posttest design in which the range of motion of the joints before (pretest) and posttest (ROM) was performed  ROM. Subjects in this study were all elderly with impaired physical mobility in Social House Tresna Wreda Yogyakarta Unit Budhi Luhur a number of 14 elderly people. Data analysis in this research use paired sample t-test statistic  Result: The result of this research shows that there is influence of ROM (Range of Motion) Active training to increase of range of motion of joints in elderly who experience physical immobility at Social House Tresna Wredha Yogyakarta Unit Budhi Luhur.  Conclusion: There is influence of ROM (Range of Motion) Active training to increase of range of motion of joints in elderly who experience physical immobility at Social House Tresna Wredha Yogyakarta Unit Budhi Luhur.


2020 ◽  
Vol 30 (2) ◽  
pp. 3-10
Author(s):  
T. Subedi ◽  
M. Ghimire

In recent years, import of timber and other wood products from different parts of the world have been increasing in Nepal. The Government of Nepal aims to be a self-sustain in timber production. In this context, the objective of this study was to estimate efficiency of harvesting practices in Nepal in relation to stump-height. We collected the data on the stump-heights and other biometric characteristics of the trees from different felling sites of Kailali, Kanchanpur, Jhapa and Morang districts of Nepal. The volumes of the individual trees as well as the proportions of the volumes of their stumps with different heights were calculated. Correlation and ANOVA were used to find the significance of the associated factors. The average stump-heights using the conventional felling method and the chain saw method were found to be 0.74±0.17m and 0.46±0.21m, respectively with wider range. The correlation between the stump-height and diameter at breast height (dbh) was found significant. Similarly, the harvesting method, skill and experience of the tree-fellers and tree species were also found to be significant with the stump-heights. On an average, 5% of the total timber production equivalent to one million cubic feet (cft) is lost in the Fiscal Year 2074/075 in Nepal while adopting the conventional method of harvesting because of the higher stump-height than the one prescribed by the Government. The estimated loss was NRs. 2 billion (roughly equivalent to US $ 20 million, @NRS 100 = 1 USD) to the national economy, and the Government had to bear loss of about NRs. 500 million (roughly equivalent to 5 million USD) from the royalty of timber. This amount of loss could be reduced to half by using power chain saw. Lack of skilled laborers, poor implementation of law, and weak knowledge of officials were major causes for losses in harvesting practices. Moreover, about 2% wood volume loss can be avoided, without any further investment, by setting minimum standard stump-height at 15 cm and providing training to the field staff and tree harvesters.


2020 ◽  
Vol 2 (1) ◽  
pp. 121-141
Author(s):  
Osama Sami AL-Nsour

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.


Author(s):  
Anto Arockia Rosaline R. ◽  
Lalitha R. ◽  
Hariharan G. ◽  
Lokesh N.

Purpose Because of the outbreak of Covid 19, the entire world is thinking of new strategies, preventive measures to safeguard the human life from the widespread of the pandemic. The areas where people are affected are marked as containment zones and people are not allowed to exit out of those areas. Similarly, new people are not allowed to enter inside those areas. Hence, the purpose of this paper is to propose a methodology to track the Covid zones, to enhance and tighten the security measures. A geo-fence is created for the containment zone. The person who enters or exits out of that particular zone will be monitored and alert message will be sent to that person’s mobile. Design/methodology/approach After tracking the location of a suspicious individual, the geo-fenced layer is mapped in the area and then the virtual perimeter is used for further trapping process. This geo-fenced layer can be viewed by the citizens as soon as it is updated by the Covid monitoring team. The geo-fencing is a concept of building a virtual perimeter area. This virtual perimeter monitoring system helps in monitoring the containment zones effectively. It reduces operational costs by using an automated system based on wireless infrastructure. It also alerts the authorities immediately to catch the violators. Thus, it helps to speed up the process of inspecting the containment zones and monitoring the individuals who violate the rules given by government. Findings The proposed methodologies will be an effective way to track the Covid’s communal spread. But the workflow of the system demands the required data sets and permission in legal manner to set up the environment that maintains the constitutional law and order in practice. The application developed was a prototype to display how it works if the required data sets are provided by the government. There are several tracking models that are released across the world such as Aarogya setu (India), Trace together (Singapore) and Hagmen (Israel). All these models are based on Bluetooth proximity identification; though Bluetooth proximity identification is helpful for high range in a short distance, the privacy concern is debatable one. Using modern technology, it is so easy to crack the individual gadgets and with Bluetooth enabling it makes things even worse. Thus, it is important to maintain the tracking a safer and secure one, and another issue with those Bluetooth-based applications is that tracking can be done only if the user enabled the Bluetooth option, if not the entire functioning would become a mess. The proposed methodology of tracking without Bluetooth will ensure data security also. Originality/value This was developed as a project by our third-year students of the Department of Information Technology of our college.


2020 ◽  
Vol 20 (2) ◽  
pp. 100-114
Author(s):  
Leonid V. Yakushev ◽  

The paper analyses the potential for the recognition of human rights as a universal moral and legal regulator in the social and political sphere by Buddhism, Christianity (on the Orthodoxy example) and Islam. The analysis is focused on the dogmas and specific cultural norms of these religions which regulate the legal status of the individual. Among the Buddhism’s no­tions allowing the latter to join the global consensus on human rights, there are the category of compassion, the Five precepts and the doctrine of Buddha-nature. The last one seems to be the most promising. The understanding of the human freedom typical for the Orthodox tradition differs from the one implied by the conception of human rights. But supporters of human rights within the Orthodoxy appeal to the roots of ideas of universal equality and human dignity in the Christian moral ideal. The human rights’ protection, in their opinion, can be seen as a minimal manifestation of the Christian love. The Islam’s participation in the world consensus on human rights could be based on additional interpretation of the Quran and Sunnah that adapts some of their statements to the modern social life’s condi­tions. One of the crucial notions in this respect is maslakha (the general welfare principle) which fixes the basic goods of human life and secures their protection. The directions of the rapprochement of the three religious traditions with the conception human rights traced in the article can become the basis for a consensus that will make human rights genuinely uni­versal, but the real achievement of such a consensus depends on the readiness of religious leaders and ordinary believers to correct and develop their social and political ideals.


2021 ◽  
Vol 126 ◽  
pp. 06007
Author(s):  
Oleg Tkach ◽  
Оleh Batrymenko ◽  
Dmytro Nelipa ◽  
Mykola Khylko

The article considers topical issues of the threat of collapse of democracy. Examples of the democracy collapse have shown the lack of free and fair elections in the world, which threatens the independence of the judiciary, restrictions on the right to freedom of speech, which limits the ability of the political opposition to challenge the government, to prosecute, to offer alternatives to the regime. The collapse of democracy in connection with the spread of COVID-19 is being considered, as the democratic spectrum has repeatedly resorted to excessive control, discriminatory restrictions on freedoms such as movement and assembly, and arbitrary or coercive coercion. Attention is drawn to the fact that the outbreak of coronavirus COVID-19 has led to the introduction in all countries of restrictions on the rights and freedoms of the individual in order to prevent the spread of this infectious disease, declared a global pandemic by the World Health Organization. Thus, the unusual nature of the COVID - 19 coronavirus pandemic poses numerous dilemmas to the public, governments, parliaments, the judiciary, law enforcement and many other actors when it comes to the need for effective protection of health and, ultimately, human life, as well as adherence to and ensuring the fundamental democratic principles of man and society.


2013 ◽  
Vol 20 (20) ◽  
pp. 59-69
Author(s):  
Gábor Kozma ◽  
Attila Barta

Abstract One of the most important segments of the post-1990 transformation of territory-based administration in Hungary was the changing of the geographical structure of deconcentrated state administrative organisations. The study, on the one hand, provides a brief overview of the history of deconcentrated state administrative organisations in Hungary, and discusses the regional characteristics of the organisational transformations after the political changes, taking six moments in time (the middle of 1994, 1998, 2002, 2006, 2010 and 2012 respectively) as the basis. On the other hand, using the same six snapshots in time, it examines which settlements experienced favourable or unfavourable changes, and what factors influenced the selection of the seats for these institutions. The results of the survey indicated that the alignment of territorial structure of deconcentrated state administrative organizations to the planning-statistical, NUTS 2 regions has already begun at the end of the 1990s. The government formed in 2006 took significant steps in the area of aligning the spatial structure of the organizations with the planning-statistical regions; however, in the period after 2010 the significance of the county level increased again. In the period examined, no significant changes took place at the top and at the bottom of the list according to the number of seats: the largest settlements of the individual regions reinforced their leading positions.


2019 ◽  
Vol 9 ◽  
pp. 165-180
Author(s):  
Agnieszka Morawiak

Innovation in creating consumer values as an important factor in socio-economic selection making  Consumption concerns many aspects of human life in both material and non-material dimensions. It shapes the attitude towards the family, spare time management, religion or culture. It sets the shape of our dreams, desires and life aspirations. On the one hand, it affects the system of our values, on the other hand, it is inspired by this system. Opponents of consumption, treating it as a secondary value and value in itself, accuse it of leading to the development of such phenomena as: mass entertainment, commercialization of culture or devel­opment of quite unnecessary, apparent needs. Instead, it removes the values generally respected in so­ciety, such as: interest in the fate of others, solidarity, care for the environment or the future of next gen­erations. Today’s consumer is not a mindless human being subject to the rules of the market, they are increasingly educated, aware and responsible. They make choices based not only on their own needs but based on values existing in a given society. They purchase wisely and respectfully, remembering that today’s choices will be the legacy for future generations, thus the consumer’s interest must be synchronized with these generations. Nowadays, it is the consumer who creates the image of the company, forcing it to take ethical and moral actions, and also heading for conscious consumption. Such an attitude creates the opportunity to include the consumer in the processes of companies’ activities and their innovations, as well as treating them personally and more like a partner. In the realities of the new economic, political, and social system, new values of individuals, as well as of entire social groups associated with the behaviour of consumers of the modern world are developing. Consumption, on the one hand, determines the shape of dreams, desires and the way of life. On the other hand, based on an innovative approach to it, it performs a symbolic function that gives a deeper and wider perspective to existing products, emphasizing them as exceeding their useful functions. Consumers becoming more aware of their choices take into account not only the system of their own values but also the values existing in a given society. This innovative approach to consumption creates new quality, a new lifestyle, it shapes new roles, it draws attention to the environment around us, and it cares about the sensible use of its resources and its means. Following values in the selection of products reveals responsibility connected to decision making, its impact on the environment and on entire social groups. They allow the individual to real­ize themselves in the group and the human community, they enable human development, achieving customer satisfaction, and avoiding the plundering economy. 


2021 ◽  
Vol 11 (2) ◽  
pp. 25-33
Author(s):  
Musyaffa Amin Ash Shabah

This study analyzes same-sex marriage and interfaith marriage in the perspective of HumanRights and Islamic Law. This research is a library research using the juridical-normative approachand descriptive analysis data. The results of the study show that same-sex marriage by nature hasagainst the nature of human life that is born to establish mental and biological bonds between theopposite sex, namely between men and women. The Positive Legal Review emphasizes that in theMarriage Law, it is stated that marriage is a physical and spiritual bond between a man and a womanto form a family or household and to carry on offspring and aim at upholding religious teachingsand carrying out customs. On the other hand, Islamic religious law also explicitly prohibits same-sexmarriage. As for the relation to interfaith marriage, if it is legalized, it is a violation of the constitution.Article 29 of the 1945 Constitution states that the State is based on the One Godhead (paragraph 1).The state guarantees the freedom of every resident to embrace his own religion and worship accordingto his religion and belief (verse 2). This article clearly states that the State guarantees every citizento practice his religious teachings. One form of freedom of religious worship is manifested in theimplementation of marriage. Religion regulates the procedures for marriage, including what is allowedand not done. Six religions recognized in Indonesia reject interfaith marriage. The legalization ofinterfaith marriage means that the government does not respect the prevailing rules in religion.


2020 ◽  
Vol 8 (10) ◽  
pp. 1-13
Author(s):  
Ahmed Hassan Ali Murshed

Certainly, Love is one of the most unmistakable natural sentiments of the individual, so the psychologists have attempted to characterize the word 'love' in various manners, for instance,Freud, in his book, (Civilization and Contents)illuminates the sentiment of love according to mental perspective. As he would like to think, a limit between the 'object' and'ego' is degraded, so he stated that "Against to all proof of his feelings, a person, who is in love utters that 'you' and 'I' are one and begins carrying on as if it was a reality" (Freud, 13). 'Self' of the individual, who falls in love is totally degraded into 'oneself' of the other, so Love assumes an important role in bliss or despondency in human life, in which, the fruitful love makes life upbeat and on the contrary, its disappointment changes life into a hopeless wreck, so unfortunately, Unrequited Love is a one imbalance in which you may love someone with all your heart, but you don’t receive these feelings in return. In other words, it is love that isn’t reciprocated. For example, you may love someone deeply, but this person simply doesn’t love you back. This paper will discuss the characters’ suffering as a result of the one-sided love and explain how they behaved during the events of the love stories, as well as delineate the tragic ending of their unrequited love, furthermore, it will give some examples from some of Pamuk’s novels.


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