认真对待民法中的身份——我国身份法研究之反思

当今的私法研究以财产私法为重，而身份私法相对薄弱。身份法基本理论研究的式微源于学界对身份法的历史偏见、财产法优位主义以及民事立法理念的片面继受等因素。民法体系的逻辑完足、民法典的最终成就、当代中国社会生活现实对身份利益保护与救济的需求，都需要我们认真对待民法领域的身份问题。身份法研究既要追求身份关系的制度构建与伦理秩序原理间的协调与平衡，又应致力于身份制度与民法整体制度的逻辑融合，还要为现代亲属身份生活领域的利益纠纷化解提供理论基础。     

信息化战争中若干伦理问题论析

信息化战争对传统的战争伦理提出了新的挑战:战争的合法性成为战争必须首先解决的问题;战争合理性之争贯穿于战争的全过程;作战行为"慈性化"成为争取道义支持的焦点;战争伦理与战争法的反用成为军事弱势方进行军事斗争的一种选择。     

公民宪法义务与相关概念的关系

公民宪法义务已经得到世界上绝大多数国家的肯定和国际社会的普遍认同。对公民宪法义务的深入研究有助于中国宪法学向纵深方向发展。在回答了公民宪法义务是什么、他国宪法义务如何规定后,公民宪法义务与宪法权利、道德、其他部门法义务等概念的关系成为宪法义务研究无法回避的问题。     

Engineering an Artful and Ethical Solution to the Problem of Global Warming

The idea of geoengineering, or the intentional modification of the Earth's atmosphere to reverse the global warming trend, has entered a working theory stage, finding expression in a variety of proposed projects, such as launching reflective materials into the Earth's atmosphere, positioning sunshades over the planet's surface, depositing iron filings into the oceans to encourage phytoplankton blooms, and planting more trees, to name only a few. However, geoengineering might not be as promising a solution to the problem of global warming as its advocates claim. Many scientists, policy makers, and ethicists still dismiss the option as infeasible and too risky given the immense scale at which most geoengineering projects must be instituted and the catastrophic consequences that could, in all likelihood, result. The thesis of this article is that geoengineering should not be so easily dismissed in policy debates concerning how to mitigate the anthropogenic emissions of global greenhouse gases. My plan is to investigate the desirability of the geoengineering option for addressing global climate change in terms of its capacity to overcome collective action issues, to accommodate ethical norms, and to provide an artful, or creative, response to the problem. In the first section, a general picture of the global warming problem and the particulars of some proposed geoengineering projects are laid out. The second section frames the issue as a collective action problem that demands an innovative approach to coordinating individual and group action. In the third section, I reveal six ethical quandaries that emerge in global climate change debates and how they complicate any attempts to ameliorate or resolve the problem. The penultimate section shows how the ideas and activism of two twentieth‐century titans in philosophy and ecology—John Dewey and Aldo Leopold, respectively—might be combined to address the problem of global warming through artful inquiry and the adoption of an Earth ethic. Finally, I conclude by arguing that a fundamental shift in perspective must occur if we are to take intentional climate change seriously as a possible, even if a second‐best, tool in the environmentalist's tool kit.     

Preventing unethical behavior of firms＇ managers through shame as a corporate culture

The series of big scandals in the US and other countries have been sensational news around the world. Big companies with good corporate governance mechanism also suffer from the unethical behavior done by the corporate leaders. When good corporate governance mechanism are not able to prevent corporate leaders from doing unethical behaviors, then this is a sign for a corporation to look for another mechanism that can prevent corporate leaders from doing unethical behaviors. Therefore, this paper proposes that shame value may be able to lead people to think before taking any action so that unethical behavior can be minimized. This idea is developed on the basis of assumption that in the nature of people, doing unethical behavior can make people feel ashamed. By adopting shame value as a corporate culture, a firm can instill a value to the corporate leaders and other employees as an early warning system to prevent them not doing unethical behaviors. Shame value as a corporate culture creates a role model through corporate leaders to strengthen the implementation of shame value as a corporate culture and formulate the policy that can motivate employees to hold this value. Apart from that, employing values explored from religion of conduct to strengthen and maintain shame value in the organization is also suggested. Nevertheless, the limitation of shame values is that it cannot be instilled in all organization as corporate culture since the boundary of shame is different for different cultures.     

西方国家行政伦理的平等论

平等作为西方国家行政官员的一个重要德性,是指行政官员在管理社会公共事务过程中只拥有法定的权力和权利,不享有也不该享有特殊的权力和权利,即特权.行政官员是否拥有这一平等德性对于他们是否能够道德地对公共事务进行管理具有重要意义.     

环境保护教育:思想品德教育的一项新内容

环境问题形成的直接原因是无节制的扩大生产规模和人口规模、滥用科学技术消耗自然资源、追求奢华生活的高消费 ,而其深层根源则是漠视自然价值和环境价值的思想道德观念。以培养有理想、有道德、有文化、有纪律的社会主义新人为己任的思想品德教育 ,理应将环保教育纳入从小学到大学的思想品德教育之中 ,使全体学生树立起热爱自然的情感、维护生态平衡的意识和保护环境的自觉行为 ,从而从根本上解决生态环境问题     

Childhood bads,parenting goods,and the right to procreate

Abstract

Harry Brighouse and Adam Swift, together with many other philosophers, think that adults’ interests in raising a child can give them a moral right to parent when they will be adequate parents. We consider whether the same interest could give such adults a moral right to procreate, as a means of acquiring a child to raise. We argue that the interest in parenting cannot support a right to procreate, because the features of childhood that make parenting uniquely valuable for adults are bad for children. Adults may have a right to procreate, but they do not have that right due to their interest in a parent–child relationship.     

Experimental analysis of the effect of standards on compliance and performance

Legal directives – whether laws, regulations, or contractual provisions – can be written along a spectrum of specificity, about which behavioral and legal scholarship present conflicting views. We hypothesized that the combination of specificity and monitoring promotes compliance but harms performance and trust, whereas the combination of specificity and good faith enhances both the informative goal‐setting aspects of specificity and people's sense of commitment. To test these hypotheses, we used a 2x2x2 experimental design in which participants were instructed to edit a document with either general or detailed instructions, with a reference to good faith or without it, and with a review of the work or without it. Participants could engage in various levels and kinds of editing, allowing us to distinctly measure both compliance and performance. When participants require information and guidance, as in the case of editing, we found that specificity increases performance relative to the vague standard condition. We discuss the characteristics of the regulatory frameworks in which our findings are especially relevant.     

Ethics as an Enabler of Public Policy

Ethics constrains us. But ethics can also act as an ‘enabler’, helping to secure compliance with public policies. Basing policies on ethical principles helps the public know what is required of them by public policies. Framing policies in those ways also primes people to think in terms of their own ethically based reasons for action. Basing policies on ethical principles can assist in securing the cooperation of potential veto players by creating cooperative norms and a culture of trust.