scholarly journals 儒家之家庭倫理與生命倫理爭議: 回應恩格爾哈特教授幾點意見

Author(s):  
Shui Chuen LEE

LANGUAGE NOTE | Document text in Chinese; abstract in English only.In response to Engelhardt’s emphasis of the status of family in the bioethics and culture war, I would argue that Confucianism takes the family as the basic social ethical unit, which circumscribes not only the individual’s interpersonal responsibilities within the family, but also everyone’s social and political relations at large. Family is both the starting point and the end point of one’s life, hence we have responsibilities of filial piety to our parents and to nurture our children. Through mutual responsibilities, the family provides shelter, provisions, safety, loyalty, affection, and moral support for its members. Such an ethical family provides the best education and balanced character development for the child, which leads to a prosperous and fruitful life. Hence, it is more than just to give the family the legal status in a family member’s medical and bioethical decisions. Chinese traditional medical practice demands that physicians treat a patient and the patient’s family as relatives with great empathy and affection. The ideal is a Confucian doctor. Bioethical and medical decisions are determined within the family in a harmonious fashion and to the greatest benefit of the patient.DOWNLOAD HISTORY | This article has been downloaded 153 times in Digital Commons before migrating into this platform.

2020 ◽  
pp. 205-210
Author(s):  
А. М. Мамульчик

The relevance of the article is that the granting of special status «child divorced from the family» in the Ukrainian legislation includes three aspects: 1) identification of a person who is a child separated from the family; 2) granting the status of «child deprived of parental care»; 3) it is possible to grant the status of “refugee” or “person in need of additional protection”, as any person recognized as a child divorced from a family is recognized as a child deprived of parental care and can apply for asylum in Ukraine (and receive refugee status or a person in need of additional protection). Each of the identified aspects of the above status is the responsibility of certain public authorities, ie public administration entities, which are endowed with the appropriate powers. The purpose of the article is to identify the subjects of administrative and legal support for the identification of children separated from their families, ie the subjects of public administration, which are empowered to identify such children in Ukraine. It was found that in fact, the identification of a child separated from the family at the present stage in Ukraine does not belong to the responsibilities of public administration, but is the responsibility of the child who was forced to leave the country of origin or residence and arrived in the territory of Ukraine unaccompanied by a family member or persons determined by law/custom who are responsible for such a person, or who were left unaccompanied after arriving on the territory of Ukraine, or its legal representatives. In our opinion, the absence in the legal acts that determine the legal status of public administration entities, whose activities include the identification of children separated from their families, their obligation to identify such children is a shortcoming of administrative and legal support for child status. , separated from her family, in Ukraine. It is determined that the subjects of public administration, which have the authority to identify children separated from their families, include the State Border Guard Service of Ukraine, executive authorities, local governments, the National Police of Ukraine, the Prosecutor’s Office of Ukraine.


Author(s):  
Lawrence YUNG

LANGUAGE NOTE | Document text in Chinese; abstract in English only.Mark Cherry’s article identifies claims regarding individual autonomy, gender neutrality, and rights to sexual freedom as taking a commanding place within the secular liberal recasting of the family to grant same-sex marriage the same legal status as heterosexual marriage. Cherry refers to Plato’s proposal of abolishing family in Republic (Book V) as a precursor to reforming the family to engineer currently favored versions of social justice. This paper adds to the discussion on family and social justice with an explication of this proposal of abolishing family and a comparison with the Confucian ideal of Great Unity.DOWNLOAD HISTORY | This article has been downloaded 122 times in Digital Commons before migrating into this platform.


Author(s):  
Jie BAI

LANGUAGE NOTE | Document text in Chinese; abstract also in English.近年來得益於女性地位的提升與名人效應,單身女性凍卵問題日趨成為社會輿論關注的焦點,由此也引發了法學界對單身女性生育權的討論。然而,單身女性凍卵不僅僅是一個法律議題,更是一個倫理問題。不僅法律和法規的制定和修訂中多有涉及對倫理的關照,凍卵的臨床實踐中也廣泛存在對倫理的考量。在結婚率和生育率持續走低當下社會,相當一部分單身 女性選擇凍卵的動機是希望脱離婚姻而進行自主的生育行 為。值得深思的是,東亞的儒教國家對輔助生殖的使用限制最為嚴格、政策最為保守。本文試圖通過分析儒家會如何看待脱離婚姻的生育行為,來探討儒學倫理對單身女性凍卵抱有怎麽樣的態度、能夠帶來怎麽的啟示。本文認為,儘管在法律維度上應該肯定單身女性擁有生育權,但在倫理層面上,脱離婚姻的生育行為應該極為審慎,因為其有違儒家倫理中對家庭秩序的看重,同時也讓“雙親撫育”難以得到實現。In recent years, thanks to the promotion of the status of women and the celebrity effect, the issue of the frozen eggs of single women has become a focus of public opinion, leading to discussion of the reproductive rights of single women in the legal arena. However, single women's frozen eggs are also an ethical issue. The laws and regulations not only involve ethics, but also ethical considerations in the clinical practice of frozen eggs. In today's society, in which the marriage rate and fertility rate continue to decline, many single women choose to freeze their eggs to distinguish between reproductive activities and marriage. It is worth thinking about the fact that Confucian East Asia has the strictest restrictions and most conservative policy on the use of assisted reproduction. This paper explores how Confucian ethics have a different position on single women’s frozen eggs by analyzing how Confucianism views fertility behaviors that are separated from marriage. It argues that although it is certain that a single woman has the right to give birth in the legal dimension, ethically, the procreative behavior of marriage should be taken with caution, as it violates the Confucian ethic of the family order by making parental care more difficult.DOWNLOAD HISTORY | This article has been downloaded 45 times in Digital Commons before migrating into this platform.


2020 ◽  
Vol 5 (3(72)) ◽  
pp. 53-57
Author(s):  
A.I. Mamoshin

Background. The purpose of this scientific article is a comprehensive study of some peculiarities of the legal situation of minor parents under the family legislation of the Russian Federation. Methods of scientific research have drawn up general-theoretic methods of knowledge: analysis and synthesis, derivation and induction, as well as a method of prediction. Private-legal methods include formal-logical and legaldogmatic methods. The results of scientific knowledge are that the author analysed the peculiarities of the legal status of minor parents and identified some gaps in the current legislation concerning the implementation of the rights and obligations of minor parents Conclusions. Summing up the work, we concluded that it is necessary to make some changes to the current legislation and recognize the status of minor parents as a significant basis for recognizing minor citizens as fully capable.


Author(s):  
Jaume Vernet i LLobet ◽  
Jordi Jaria Manzano

During the last three decades the recognition of some kind of rights about environmental protection has been developed around the world, in international public law as in internal constitutional law. Despite this, it has been a excruciating question to define the content of this kind of rights. The general category of the right to a healthy environment receives a different treatment in different legal systems and has a complex set of facets hard to be insert into an unity. This work try to describe the situation of the recognition of the right to a healthy environment in the international and the national level with the final aim of state that this situation of fact demands to define a legal content of it, despite the difficulties that have been noted by the scholars, tending to underline the impossibility of give to it a real legal status. We are facing a legal reality answering with more or less success to social needs and it is required to accept the process of general recognition of the right and to extract conclusions of this. After the presentation of the status of the situation in international main documents and significant constitutions, the work makes a proposal to give content to the right to a healthy environment in a double sense. First, we have a defensive approach, which aims to give individuals the legal weapons to react against actual aggressions that affect them directly; and second, we have the cooperative point of view, which aims to give them access to the decision-making process. The first approach more or less reacts to actual harm. The second is intended to prevent harm. This could be a starting point to advance in define a legal content of this right.


2013 ◽  
Vol 6 (1) ◽  
pp. 37-49 ◽  
Author(s):  
Gerry Stephen Oxford ◽  
Joyce Harts Hurley

TRP channels are members of a large family of non-selective cation channels. The family which numbers over 30 is classified into 6 groups based on amino acid sequence homology. TRP channels are distributed in many peripheral tissues as well as central and peripheral nervous system. These channels are important in sensing a wide range of chemical and physical stimuli. Several TRP channels, including TRPV1 and TRPA1 are important in pain transduction pathways. This review will focus on the function of TRP channels in the trigeminovascular system and other anatomical regions which are relevant to migraine. We will discuss the possible role of TRP channels in migraine, including the potential role of TRPV1 in the hypersensitivity and allodynia frequently observed in migraine patients. We will review the status of TRP channel drugs in migraine therapeutics. We will also discuss the possible roles of TRP channels in triggering migraine attacks, a process which is not well-understood.


Author(s):  
Jue WANG

LANGUAGE NOTE | Document text in Chinese; abstract in English only.Mark Cherry’s critical reflection on same-sex marriage is based on a general discussion of the culture war between the traditional view of the family and the liberal view. He discloses three kinds of social and moral risks in the cultural transformation from the traditional family to the post-modern family, and casts doubt on the goal of the legalization of same-sex marriage in contemporary society.DOWNLOAD HISTORY | This article has been downloaded 91 times in Digital Commons before migrating into this platform.


Author(s):  
Wenming TANG

LANGUAGE NOTE | Document text in Chinese; abstract in English only.Professor Ni’s essay on the role of the family provides insights into Confucian ethics. Here I indicate four points. First, the proper approach to understanding Confucian ethics is through virtue theory, not deontology. Second, filial piety can be used as the pretext for grabbing egoism. Third, filial piety entails an equilibrium between private and public interests. Fourth, the reconstruction of the three cardinal guides is necessary in modern society. I also point out two problems with the essay. First, the Confucian idea of marriage is based on the intergenerational relationship between parents and children, not romantic love between a man and a woman. Second, in practice, the strategy is important but the principle is fundamental.DOWNLOAD HISTORY | This article has been downloaded 44 times in Digital Commons before migrating into this platform.


Author(s):  
Илья Викторович Абрамов

Земельное право коренных народов в Югре возникло в противовес нефтегазовому освоению и растущему отчуждению земель. Принятое в 1992 г. Положение о статусе родовых угодий расценивалось как юридическая основа для поддержки традиционного природопользования и идентичности хантов и манси. Наибольшее распространение угодья получили в центральных и восточных районах округа, где проживали ханты. В западных районах, где проживали манси, родовые угодья не получили широкого распространения, и статья объясняет причины этого дисбаланса. На примере Кондинского и Березовского районов описана экономическая и этническая обстановка, определившая отличие западных районов от восточных; показаны специфические проблемы выделения родовых угодий, разные решения администраций, отдельно разобран случай родовиков села Болчары. Современное состояние родовых угодий описано на основе наблюдений, интервью с владельцами, а также на материалах функционального зонирования территорий традиционного природопользования ХМАО-Югры. Статья характеризует юридическо-экономический контекст, в котором родовые угодья существуют четверть века, иллюстрируя постепенное выхолащивание изначальной идеи из-за изменений законодательства. Показано расхождение между концепцией традиционного природопользования как задачи по самообеспечению индигенных домохозяйств и реалиями рыночной экономики, которые требуют ведения товарного хозяйства или внешних источников дохода. Родовые угодья стали дорогим инвестиционным проектом с непонятным целеполаганием. Большая часть наследственных владельцев не может или не знает, как использовать земли. The special land law for indigenous peoples of Yugra was written in 1992 and became a counterweight to the development of the oil and gas industry and the growing alienation of natural land. As early as 1989, a third of the Okrug’s territory was reserved for indigenous land management. The «Regulation about the status of family lands in the Khanty-Mansi Autonomous Okrug» defined ‘rodovye ugod’ya‘ (family lands) as a natural-territorial complex where indigenous people have historically led a traditional life. Family lands were regarded as the basis for traditional nature management, and a space for preserving the original culture. By 1999, 465 family lands had been allocated, taking up half of the Surgut and Nefteyugansk districts and a quarter of the Nizhnevartovsk district. These were the lands of the historical residence of the Hanty. In the west of Yugra, in the Kondinsky and Berezovsky districts (where the Mansi mostly lived), the family lands occupied 3.3 and 16.4% of the area. The article analyzes what caused the disproportions. On the example of the Kondinsky and Berezovsky districts, the economic and ethnic situation that determined the difference between the western and eastern parts is described. I mark the specific problems of allocating ancestral lands, the special decisions of the administrations, and the case of five family lands from the Bolchary village is separately analyzed. In 2001, the Regulation on Family Lands was absorbed by the Federal law on Territories of Traditional Nature Use. The article describes the difficulties that arose during the change of jurisdiction and discusses the disputed status of the owners (ex-rodoviki). The final legal status was obtained only after the functional zoning of the territories of traditional nature use (ex-family lands) in 2015. The result of the work was a set of special maps showing the exact boundaries, the size of forage and pasture zones, and the number of indigenous people permanently residing on the land. These data showed that in the western regions of the KhMAO-Yugra, the family lands did not fulfill their original task of creating reserves for original culture and traditional nature management. In 2014, less than 0.5% of the indigenous population lived permanently on family lands, and their contribution to the traditional economy was insignificant. The article uses specific examples to analyze the reasons why the concept of traditional nature management turned out to be inoperable. The differences between the concept of traditional nature management created by the state and the realities of the existence of ancestral lands are shown.


Author(s):  
Zora Itković

The author presents some aspects of the structure of families with children with behavioural disordrs and those where this is not the case and gives a comparison of the socio-economic features of these families. The starting point of the research project was the hypotheis that the socio-economic status of the family has a significant influence on the behaviour of children, that is that the adaptibility of the child to the social context depends on die nature of the family group. Here one has in mind the stability of family relationships and the types of family connections (love, gentleness, authority), the place of the family within society and the culture of the family. This is the reason that the author examines in details the connection between behavioural disorders in children and the state of the family. The article presents those forms of familial structure and familial relationships which directly influence the socialization of the child using the methods of analysing pedagogical documentation and sampling.The results of the investigation confirmed the hypotheis that better social adaptation takes place with children in families with a higher socio-economic siatus and better conditions within the family circle as these pertain to the material conditions of the family, the educational level of the parents, the interest parents show for the child’s school success and their access to bringing up their children in respect of the lines of communication between parents and children.On the basis of the findings gathered during the investigation, the author concludes that there is a close connection between the status of the family and behavioural disorders in children.


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