scholarly journals Derecho versus bioética en las tomas de decisiones médicas en torno a casos límites

2011 ◽  
Vol 60 (3) ◽  
Author(s):  
Enrique Villanueva Canadas

L’autore riflette sui dilemmi etici dei medici odierni e su quali siano le misure che devono individuare per risolverli. Nega che la bioetica sia la panacea per risolvere queste questioni come pure che la legge rappresenti l’ultima istanza dell’ideale di giustizia. La risposta risiede nella ricerca che ciascuno fa nella ricerca della soluzione ottimale di un problema. L’autore è particolarmente critico con linee di pensiero che difendono una visione neutrale della giustizia nelle questioni morali, lasciando che gli individui agiscano secondo le proprie credenze; accusa il liberalismo neutrale di creare una società senza valori e di promuovere leggi che stanno trasformando la società; esplora il futuro dell’umanità minacciato da tecniche che possono modificare il genoma e con essa creare nuovi tipi di esseri umani; riflette sul rapporto scienza-etica-legge per dimostrare che sia la bioetica che la legge dovrebbero avere solidi fondamenti scientifici. A titolo di esempio, egli ricorda come le leggi fondamentali per la procreazione assistita e la ricerca biomedica in Spagna, 14/2006 e 14/2007, si basavano su una sola Commissione senza una garanzia scientifica. L’autore sottolinea come l’aspetto essenziale per legiferare sulla natura giuridica dell’embrione umano è quello di stabilire scientificamente ed inequivocabilmente quando comincia la vita umana. Dopo aver preso in considerazione le diverse opinioni egli fa notare come tutti gli argomenti scientifici che supportano la natura giuridica dell’embrione e molte leggi sull’aborto che negano la personalità dell’embrione sino a un certo periodo dell’impianto, si basano sulle stesso tipo di speculazione mai provata. Nel 1922 G.W. Corner mise in relazione la struttura delle membrane fetali (corialità, amnios) con le differenti fasi ipotetiche di duplicazione embrionale. Corner presentò la sua teoria come una proposta teorica, una speculazione. (We may permit ourselves to (…) indulge in a brief speculation regarding the morphogenesis of human monochorionic twins). Un autore moderno, Rowena Spencer ha dimostrato che questa teoria non è affatto vera. L’autore conclude dicendo che solo una società che considera l’uomo come fine per se stesso senza considerare le circostanze sarà salva dall’autodistruzione. ---------- The author reflects upon the ethical dilemmas of nowadays doctors and which are the measures they have to try to solve them. He denies that bioethics is the panacea for solving these issues as well as the consideration of law as the last instance of the ideal of justice. The answer everybody looks for in the quest for the optimal resolution of a problem. The author is specially critical with lines of thought that advocate a neutral kind of Justice in moral issues letting individuals act according to their own believes. The author accuses neutral liberalism of creating a society without values and of promoting laws that are transforming society. The author explores the future of humanity threatened by techniques that may modify the Genome and therewith create new types of human beings. The author reflects upon the relation Science-Ethics-Law to demonstrate that both bioethics and law should have solid scientific foundations. As an example, the author mentions how the Fundamental Laws for assisted human reproduction and biomedical research in Spain 14/2006 and 14/2007 were based on the opinion of a sole commission without scientific warrant. The author outlines how the essential aspect in order to be able to legislate about the juridical nature of the human embryo is to establish scientifically and unequivocally when does a human life begin. After considering different opinions he analyzes that all the scientific arguments that support the juridical nature of the embryo and most abortion laws denying personhood of the embryo until after a certain period of implantation, are based upon the same type of never proven speculation. In 1922 G. W. Corner put in relation the structure of fetal membranes (chorionicity, amnion) with different hypothetical stages of embryonic duplication. Corner presented his theory as a theoretical suggestion, a speculation. (We may permit ourselves to (…) indulge in a brief speculation regarding the morphogenesis of human monochorionic twins). Modern author, Rowena Spencer has demonstrated that this theory is far from true. The author finishes by saying that only a society that considers man, as an end in itself notwithstanding circumstances will be saved from self-destruction.

TASAMUH ◽  
2018 ◽  
Vol 16 (1) ◽  
pp. 1-24
Author(s):  
Ishak Hariyanto ◽  
Agus Dedi Putrawan

The Prophet's missionary journey as an arena for building a humanitarian system that is mutually acceptable and recognizes the values ​​of human equality in the social system is still a deviation, even though life must embrace one another, accept unconditionally and respect human values. Acceptance of fellow humans seems to have become a deviation and even becomes collective amnesia in social life. This collective amnesia is present in human life without realizing that we live in it so that acceptance in the name of the man as a form of hablumminannas is like the construction of a mere imaginary society. The construction of imaginary societies has occurred in Medina as a social institution on the journey of prophetic preaching. Such things occur as a process of living systems; a process of establishing his identity as a social system in building the ideal society that has ever existed on this earth. The Madinah community is a society based on a collective agreement stated in a charter, commonly known as the charter of Medina. Relations between groups are built based on the breath of acceptance among others, because of the awareness of the similarity of the nature and dignity of human beings. Why Medina is referred to as a normal social system identity, not because of the intersubjectivity; acceptability of humans and humans built from all components of the social system is always in communication and mutual action.


Author(s):  
Hongwen LI

LANGUAGE NOTE | Document text in Chinese; abstract also in English.現代生物科技的廣泛應用引發了一系列社會、法律和倫理問題,它帶來的負面效應正如它的正面效果一樣多。現代生物科技的基本邏輯體現在:它採取還原論的思維模式,秉承改善生命的宗旨,以及持有技術樂觀主義的態度。作者運用莊子的哲學思想對現代生物科技展開一般性批評。作者指出,現代生物科技首先表現出強烈的反自然性,它向自然提出過分要求,干擾、阻止事物順其自然、按其本性來展示自己。現代生物科技還表現出異化特徵,主要體現在物質化和資本化兩個方面。物質化將人的活動限制在物的層面,片面追求物的有用性;資本化則導致生物資本主義的發展。用莊子道家的語言,技術的非自然性和異化的直接原因是“道”“技”分離。因此,為了走出現代生物技術的陷阱,應該採取莊子“道技合一”的方式,實現“技不離道”、“以道馭技”、“道法自然”之完美結合。Biotechnology is a field of applied biology that involves the use of living organisms and bioprocesses such as engineering, technology, and medical research. This paper highlights the social, legal, and moral issues brought about by modern biotechnology. It is particularly concerned with materialism, capitalism, and commercialism where biotechnological means are explored and exploited without ethical boundaries. The result of biotechnological abuse is that we human beings will become increasingly alienated from our authentic nature and being.Daoism was one of the major philosophical traditions of ancient China, based on the teaching of Laozi and Zhuangzi. This paper focuses on the Daoist view of human life and its relation to the natural world from Zhuangzi’s perspective. It will be contended that we must put “human flourishing” – the Dao – first, before we care about the utility of science and technology – the Ji. According to Daoism, true human self-realization depends on the unity between the Dao and the Ji.DOWNLOAD HISTORY | This article has been downloaded 138 times in Digital Commons before migrating into this platform.


2013 ◽  
Vol 20 (7) ◽  
pp. 762-770 ◽  
Author(s):  
Bart Cusveller

A relatively small but intellectually robust strand in the Christian religion is the Reformed tradition. Especially, its Calvinist sensibilities inform this Protestant stance towards human culture in general and vocations in particular. Correspondingly, there are some small but robust contributions to academic discourse in nursing ethics. So far there has been no attempt to bring those together as a distinct approach. This article suggests such a Reformed Christian, especially Calvinist, account of nursing ethics. Central to the Reformed perspective is the notion that God is sovereign over all of creation and culture and hence that there can be no religiously or morally neutral area in human life. Consequently, nursing is not seen as professional to the extent it is based on research evidence or theoretical models, but to the extent it serves the ultimate purpose of the practice of care. In the Reformed view, this purpose is fostering the well-being of human beings in need as intrinsically valuable. Nurses are professionals who accept this responsibility, that is, the whole of expectations holding for personal qualities, conduct and outcomes, required to serve the purpose of care. As this is a moral purpose, succeeding or failing to live up to these expectations is the source of moral issues in nursing.


2018 ◽  
Vol 15 (2) ◽  
pp. 148-160
Author(s):  
Lili Halimah ◽  
Anisah Anisah

Pendidikan memiliki peranan yang penting dalam kehidupan manusia, dan diharapkan dapat menciptakan manusia yang berkualitas. Pendidikan Kewarganegaraan memiliki tiga kompetensi yang dapat  membentuk “the ideal democratic citizen” yakni kompetensi civic knowledge, civic skills, dan  civic disposition. Pembelajaran PPKn mengaitkan antara teori dengan praktek nyata di lapangan, dan berhubungan dengan nilai-nilai budaya yang beragam dan majemuk. Faktor yang mempengaruhi nilai budaya lokal dalam melestarikan kebudayaan melalui  upacara adat pesta laut Blanakan Kabupaten  Subang Jawa Barat yang dilakukan setahun sekali  guna  menghormati leluhurmya. Penelitian ini menggunakan pendekatan kualitatif. Hasil penelitian (a) Masyarakat nelayan memunculkan civic knowledge yang diarahkan oleh para tokoh, sehingga memiliki kesadaran untuk melestarikan nilai-nilai kebudayaan, yang mampu mengeksplorasi dan memanfaatkan potensi alam daerah, (b) Nilai-nilai dalam pesta laut, selalu memerlukan civic skill yang cakap dalam mengorganisasikan kegiatan, semua ini diperlukan partipatory skill, dan (c) Membentuk karakter masyarakat nelayan pada pesta laut, dengan cara memberi tahu dan mengajarkan hal-hal yang baik oleh para tokoh budaya. Dengan demikian perlu ditanamkan the ideal democratic citizen untuk meningkatkan kecintaan pada  nilai budaya lokal, dan tidak terpengaruh oleh budaya asing.----------------------------------------------------------- Internalization the value of citizenship education in the traditional sea party tradition (Pesta Laut Blanakan)  in order to develop the ideal democratic citizenEducation has an important role in human life and is expected to create quality human beings. Citizenship Education has three competencies that can form the ideal democratic citizen, namely civic knowledge, civic skills, and civic disposition competencies. PPKn learning links theory with real practice in the field, and deals with diverse and pluralistic cultural values. Factors that influence the value of local culture in preserving culture through the Blanakan Subang regency West Java regency traditional ceremony which is conducted annually to honor its ancestors. This study uses a qualitative approach. Research results (a) The fishing community raises civic knowledge directed by leaders, so that they have an awareness to preserve cultural values, which are able to explore and utilize the natural potential of the region, (b) Values in sea party, it always requires civic skills that competent in organizing activities, all of this requires participatory skills, and (c) forming the character of fishing communities at sea party, by telling and teaching good things by cultural leaders. Thus it is necessary to instill the ideal democratic citizen to increase the love of local cultural values, and not be influenced by foreign cultures.


2020 ◽  
Vol 1 (1) ◽  
pp. 79-88
Author(s):  
Ainul Fithriyah

The variety of thoughts about the optimal attainment of human self and the satisfaction of human life is what may have made Arthur Schopenhauer (1788-1868) deny all worldly phenomena. He saw that the world was full of suffering. Humans, as the supreme product of the basic activities of the world, are in fact the most unfortunate creatures. Therefore, humans will be able to achieve happiness when they are able to kill passions and cravings. Studies on the optimal achievement of humans and the meaning of human life from the two figures above, are still important and beneficial to do. Because the concept of the ideal human being is a model and example for us that we can emulate or maybe we can make it happen if we feel fit and believe in the truth. But the question might arise, is it still relevant to study the thoughts of long-dead figures such as Ibn Arabi and Neitzsche? in the opinion of the author, the study of their thinking is still relevant. Because in their thoughts are contained eternal pearls, and because of the peculiarity of each thought. This is evident if we pay attention today, where the thoughts of the two figures are still the subject of study in various countries, both in the West and the East. The works that examine Nietzsche's thoughts about the Ubermensch man include the work of Chairul Arifin, entitled The will to power: Briedrich Nietzsche. This book discusses Nietzsche's views on human beings and his anti-theism. These two thoughts are then connected by the author of this book with Nietzsche's main thought, namely the will to power. And in one of its chapters, the book also examines the concept of Ubermensch Nietzsche. Another work that addresses Nietzsche and Nietzsche's main ideas, including Ubermensch in a separate chapter is Nietzsche by St Sunardi. Besides that, there are other books. Of the books mentioned above and others to the best of the author's knowledge, there has never been found a work that specifically compares Ibn Arabi's insan kamil concept and Nietzsche's Ubermensch concept.


2017 ◽  
Vol 1 (1) ◽  
pp. 91
Author(s):  
Amrullah Husein

Muhammadiyah as an Islamic movement based on the Qur'an and Sunnah with tajdid movement inherent in him always carrying the mission of amar ma'ruf nahi mungkar in all areas of life. In order to make Islam a rahmatan li al-'alamin then Muhammadiyah adopt various approaches and strategy of da'wah, among others through Cultural Da'wah. Cultural da'wah as an approach and strategy of da'wah in the context of actualization of Islamic teachings in the midst of the dynamics of culture and social change in a society run gradually in accordance with the conditions of local communities. The focus of cultural da'wah lies in awareness of faith so that people are willing to accept and fulfill all Islamic teachings covering aqidah, worship, morality, and muamalah by considering the stages of social change based on social, economic, cultural, and political plurality of a society so that finally the ideal stage Islamic society can be achieved as the main mission of the Islamic message. Muhammadiyah's concept of cultural propagation essentially relies on two aspects, aspects of dynamism and purification. First, the dynamics appreciate the potential and the tendency of human beings as cultural beings, to make efforts so that culture can bring to the progress and enlightenment of human life. Secondly, purification tries to avoid the preservation of culture that is evident in terms of Islamic teachings are shirk, superstition, bid'ah and khurafat.


2018 ◽  
Vol 3 (2) ◽  

Philosophy is a search for a general understanding of values and reality by chiefly speculative rather than observational means. It signifies a natural and necessary urge in human beings to know themselves and the world in which they live and move and have their being. Hindu philosophy is intensely spiritual and has always emphasized the need for practical realization of Truth. Philosophy is a comprehensive system of ideas about human nature and the nature of the reality we live in. It is a guide for living, because the issues it addresses are basic and pervasive, determining the course we take in life and how we treat other people. Hence we can say that all the aspects of human life are influenced and governed by the philosophical consideration. As a field of study philosophy is one of the oldest disciplines. It is considered as a mother of all the sciences. In fact it is at the root of all knowledge. Education has also drawn its material from different philosophical bases. Education, like philosophy is also closely related to human life. Therefore, being an important life activity education is also greatly influenced by philosophy. Various fields of philosophy like the political philosophy, social philosophy and economic philosophy have great influence on the various aspects of education like educational procedures, processes, policies, planning and its implementation, from both the theoretical and practical aspects. In order to understand the concept of Philosophy of education it is necessary to first understand the meaning of the two terms; Philosophy and Education.


IIUC Studies ◽  
2020 ◽  
Vol 15 ◽  
pp. 33-46
Author(s):  
Kalim Ullah

Human beings are deeply related to land. Human beings take birth on land, live on land, die on land and mixes with land ultimately. As stated in the holy Quran: ‘We (Allah) created you (human beings) from the soil, we shall make you return to the soil and We shall call you back again from the soil’ (20:55). Human life is surrounded by soil i.e. land. So, land is a highly completed issue of human life involving economic, social, political, cultural and often religious systems. Land administration is thus a critical element and often a pre-condition for peaceful society and sustainable development. In administrating land, Khatian or record of rights plays a vital role to determine the rights and interests of the respective parties as supportive evidence. In this article, discussion is mainly made on the fact that Khatian or record of rights is not a document of title solely but it may be an evidence of title as well as possession. IIUC Studies Vol.15(0) December 2018: 33-46


2015 ◽  
Vol 3 (2) ◽  
pp. 262-265
Author(s):  
Dr.Navdeep Kaur

Since its evolution environment has remained both a matter of awe and concern to man. The frontier attitude of the industrialized society towards nature has not only endangered the survival of all other life forms but also threatened the very existence of human life. The realization of such potential danger has necessitated the dissemination of knowledge and skill vis-a-vis environment protection at all stages of learning. Therefore, learners of all stages of learning need to be sensitized with a missionary zeal. This may ensure transformation of students into committed citizens for averting global environment crisis. The advancement of science and technology made the life more and more relaxed and man also became more and more ambitious. With such development, human dependence on environment increased. He consumed more resources and the effect of his activities on the environment became more and more detectable. Environment covers all the things present around the living beings and above the land, on the surface of the earth and under the earth. Environment indicates, in total, all of peripheral forces, pressures and circumstances, which affect the life, nature, behaviour, growth, development and maturation of living beings. Irrational exploitation (not utilization) of natural resources for our greed (not need) has endangered our survival, and incurred incalculable harm. Environmental Education is a science, a well-thought, permanent, lasting and integrated process of equipping learning experiences for getting awareness, knowledge, understanding, skills, values, technical expertise and involvement of learners with desirable attitudinal changes about their relationship with their natural and biophysical environment. Environmental Education is an organized effort to educate the masses about environment, its functions, need, importance, and especially how human beings can manage their behaviour in order to live in a sustainable manner.  The term 'environmental awareness' refers to creating general awareness of environmental issues, their causes by bringing about changes in perception, attitude, values and necessary skills to solve environment related problems. Moreover, it is the first step leading to the formation of responsible environmental behaviour (Stern, 2000). With the ever increasing development by modern man, large scale degradation of natural resources have been occurred, the public has to be educated about the fact that if we are degrading our environment we are actually harming ourselves. To encourage meaningful public participation and environment, it is necessary to create awareness about environment pollution and related adverse effects. This is the crucial time that environmental awareness and environmental sensitivity should be cultivated among the masses particularly among youths. For the awareness of society it is essential to work at a gross root level. So the whole society can work to save the environment.


Author(s):  
Gerald O’Collins, SJ

Help towards understanding the human and religious functions of tradition comes from such sociologists as Peter Berger, Anthony Giddens, and Edward Shils. Tradition by Shils continues to illuminate how, although human beings modify inherited beliefs and change traditional patterns of behaviour, the new always incorporates something of the past. Shils takes a global view of tradition; it embodies everything individuals inherit when born into the world. It is through tradition that new members of society begin to identify themselves. The bearers of tradition may be not only official but also ‘learned’ and ‘ordinary’. Shils dedicates many further pages to changes in traditions and the forces leading to these changes. What sociologists like Giddens say about globalization also affects theological reflection on tradition. Surprisingly, the very few theologians who have published on tradition have ignored the sociologists.


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