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The genetic foundation of human nature and the legal approach. Some philosophical–legal concerns 人性的遗传基础与法律途径。一些哲学和法律问题
Q1 Arts and Humanities Pub Date : 2014-07-03 DOI: 10.1080/11287462.2014.932996
S. Salardi
Since it has become possible to “read the book of life”, different approaches to the universe, revealed by genetic scientific advances, have come into being. On the one hand, the Human Genome Project (HGP) has opened the medical field to new treatments – or at least to the hope of new therapies – through, for instance, gene therapy. On the other hand, developments in genetics have allowed reductionism or genetic essentialism to make its way into the public and institutional perception of genetic advances. This paper will argue that the essentialist approach to genetics is inspired by the constant craving of humans to find, once and for all, those features and determinants that constitute identity: the human nature. I will argue against this trend by testing a particular field in which the concept of human nature could be the source of discrimination and inequalities, that being genetic human nature based law.
自从“阅读生命之书”成为可能以来,基因科学的进步揭示了探索宇宙的不同途径。一方面,人类基因组计划(HGP)打开了医学领域的新疗法——或者至少是新疗法的希望——比如基因疗法。另一方面,遗传学的发展使还原论或遗传本质主义得以进入公众和机构对遗传进步的看法。本文将论证,遗传学的本质主义方法是受到人类不断渴望一劳永逸地发现那些构成身份的特征和决定因素:人性的启发。我将通过测试一个特定领域来反对这种趋势,在这个领域中,人性的概念可能是歧视和不平等的根源,这是基于遗传人性的法律。
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引用次数: 0
The relation between law, religion, culture and medical ethics in Nigeria 尼日利亚法律、宗教、文化和医德之间的关系
Q1 Arts and Humanities Pub Date : 2014-07-03 DOI: 10.1080/11287462.2014.937949
O. Odia
Nigeria consists of over 250 ethnic groups with various customs and values. There are three dominant religions: Christianity, Islam and sundry traditional religions. The religion and cultures of the various peoples control the lives and transactions of the various groups. Nigerian law is based on English common law, customary law and Islam-based Sharia law. Medical ethics came into focus in the early 1960s after independence, when the Medical and Dental Council of Nigeria (MDCN) was set up to regulate the practice of medicine and dentistry. The law that established the Medical and Dental Council was updated in 1990, under the Medical and Dental Practitioners Act, Cap 221, laws of the Federal Republic of Nigeria. Medical ethics in Nigeria is based on the core principles of the Hippocratic oath, and the Nigerian code of medical ethics was revised in 1990 and 2004. However, the core principles remain the same. The law, religion and culture of the Nigerian people seem to be in firm accord with the code of medical ethics as it relates to abortion and euthanasia. The Nigerian penal code regards euthanasia as murder. Abortion, except done in order to save the life of the mother, remains a criminal offence. However, litigations against those who commit abortion are few and far between. This harmony between law, religion, culture and medical ethics, however, does not apply to the medical practices of organ transplantation, assisted conception and its related practices, and limb amputations. This paper discusses in detail the polemics and discordant dynamics of the emerging ethical controversies and proffers suggestions for a way forward, in order to obviate possible ethical conundrums.
尼日利亚由250多个具有不同习俗和价值观的民族组成。主要有三大宗教:基督教、伊斯兰教和各种传统宗教。不同民族的宗教和文化控制着不同群体的生活和交易。尼日利亚法律以英国普通法、习惯法和伊斯兰教法为基础。在尼日利亚独立后的20世纪60年代初,医学伦理成为人们关注的焦点,当时成立了尼日利亚医学和牙科理事会(MDCN),以规范医学和牙科的实践。根据尼日利亚联邦共和国法律第221章《医疗和牙科从业人员法》,1990年更新了设立医疗和牙科委员会的法律。尼日利亚的医学伦理以希波克拉底誓言的核心原则为基础,尼日利亚的医学伦理守则于1990年和2004年进行了修订。然而,核心原则保持不变。尼日利亚人民的法律、宗教和文化似乎与与堕胎和安乐死有关的医学道德守则完全一致。尼日利亚刑法将安乐死视为谋杀。堕胎,除非是为了挽救母亲的生命,仍然是一种刑事犯罪。然而,针对堕胎者的诉讼却少之又少。然而,法律、宗教、文化和医学伦理之间的这种和谐并不适用于器官移植、辅助受孕及其相关做法和截肢等医疗实践。本文详细讨论了新出现的伦理争议的争论和不和谐的动态,并为未来的道路提供了建议,以避免可能的伦理难题。
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引用次数: 5
Maternity and immigrant women (with a particular focus on Italy) 产妇和移民妇女(特别关注意大利)
Q1 Arts and Humanities Pub Date : 2014-07-03 DOI: 10.1080/11287462.2014.937581
E. Carovigno, S. Schettini
Women and motherhood are important aspects of the immigration issue. Different behaviour related to reproduction and maternity among foreign women, when compared with that of Italian women, is a key factor that has led to a slowing down of the population decline in Italy. Difficulties connected to migration often have impacts on motherhood, in some cases posing problems and conflicts with being a mother. This can result in frequent recourse to abortion, difficulty in managing sexuality and reproductive capacity, and the decision to postpone the realization of children indefinitely – situations that may provoke deep lacerations in the fabric of women's identity. One of the main problems for immigrant women in relation to pregnancy, childbirth and childcare is a profound sense of isolation: having been uprooted from their families, friends, and their own cultural references and traditions related to motherhood, and in some cases giving birth in aseptic hospitals with doctors and nurses who do not even speak their language, either alone or in the presence of a husband or a friend from the same country. Those who work in obstetrics and gynaecology departments are well aware that the number of foreign patients has increased significantly in recent years. From a practical point of view, this means that health professionals increasingly face new and often complex situations, and are forced to rely more on common sense than protocol. In a world afflicted by political and economic crises and an unequal distribution of wealth, in order to meet the health care needs of immigrants, we need to promote an appreciation of all of the different cultures, a bioethical approach, encouraging medical staff to convey feelings of hospitality and solidarity.
妇女和母性是移民问题的重要方面。与意大利妇女相比,外国妇女在生育和生育方面的不同行为是导致意大利人口下降速度减缓的一个关键因素。与移徙有关的困难往往会对母性产生影响,在某些情况下还会造成问题和与做母亲的冲突。这可能导致经常诉诸堕胎,难以管理性行为和生育能力,并决定无限期推迟生育- -这些情况可能在妇女的身份结构中造成深刻的创伤。移民妇女在怀孕、分娩和育儿方面的主要问题之一是一种深刻的孤立感:离开了家庭、朋友,离开了与母性有关的自己的文化参考和传统,在某些情况下,在无菌医院分娩,医生和护士甚至不会说他们的语言,要么是独自一人,要么是在同一国家的丈夫或朋友在场的情况下。在妇产科工作的人都很清楚,近年来外国病人的数量显著增加。从实际的角度来看,这意味着卫生专业人员越来越多地面临新的、往往是复杂的情况,被迫更多地依靠常识而不是规程。在一个受到政治和经济危机以及财富分配不平等困扰的世界上,为了满足移民的保健需要,我们需要促进对所有不同文化的欣赏,采取生物伦理的办法,鼓励医务人员传达好客和团结的感情。
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引用次数: 0
The Australian Engineering Construction Sector: shifting environmental values and practices 澳大利亚工程建设部门:转变环境价值和实践
Q1 Arts and Humanities Pub Date : 2014-07-03 DOI: 10.1080/11287462.2014.944764
E. L. Hamilton-Foster
Whilst many studies have examined environmental attitudes and practices in the broader construction industry, few have done so specifically in the context of the Australian Engineering Construction Sector (AECS) including national infrastructure projects. This paper aims to extend the knowledge base on environmental culture in construction, specifically on non-building projects. It seeks to demonstrate how the sector is shifting in response to global environmental concern and how this is reflected in the value systems and work practices for non-building projects. The study presents a conceptual model to illustrate how organisations can achieve high standards of environmental performance supported by value systems and work practices. A representative organisation in the sector is assessed against key criteria regarding environmental values and practices. Finally, the paper identifies possibilities for further case study analysis to develop a strategic model for environmental performance in the AECS.
虽然许多研究已经检查了更广泛的建筑行业的环境态度和实践,但很少有研究专门针对澳大利亚工程建设部门(AECS),包括国家基础设施项目。本文旨在扩展建筑环境文化的知识基础,特别是在非建筑项目中。它旨在展示该部门如何响应全球环境问题而转变,以及这如何反映在非建筑项目的价值体系和工作实践中。该研究提出了一个概念模型,说明组织如何在价值体系和工作实践的支持下实现高标准的环境绩效。根据环境价值和实践的关键标准,对行业中具有代表性的组织进行评估。最后,本文确定了进一步案例研究分析的可能性,以开发AECS环境绩效的战略模型。
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引用次数: 1
Can we use the notion of normality in genetic selection without discriminating? 我们能在基因选择中不加歧视地使用正常的概念吗?
Q1 Arts and Humanities Pub Date : 2014-07-03 DOI: 10.1080/11287462.2014.943540
M. Garasic
With the hope of somehow contributing to the ongoing discussion on the topic, this paper is loosely based on the debate that emerged from Rob Sparrow's article “Should human beings have sex? Sexual dimorphism and human enhancement” (The American Journal of Bioethics, 10, 3–12, 2010). Building on some of his arguments, my claim is that we should not refer to gender when discussing not-yet-born agents. More broadly still, my intention is to provide a further analysis of the intersection of the concepts of gender and autonomy. I will begin by briefly highlighting Sparrow's article and critiques, with special emphasis on the poststructuralist attack. In doing so, I will consider the differences between structuralism and poststructuralism in relation to this debate. Subsequently, I will draw a parallel between Judith Butler's notion of the performativity of gender, sex and Ronald Dworkin's distinction between zoe and bios. The next move will then be to re-divert attention to the crucial role that health plays in the discussion (as instrumental to the “normal” and autonomous functioning of the body), suggesting that one of the substantial differences between human enhancers and non-enhancers is the ranking that health has in their corresponding scale of values. Setting the bar for how an organism functions “normally” will be the last step necessary to create the basis for my main claim: building on Butler's description of the singular agent in relation to others, I will suggest Jürgen Habermas and Onora O'Neill as credible and valuable expansions of a position willing to reconcile individual and relational autonomy, supporting this final claim with the words of Immanuel Kant. If we aim to use genetic engineering and preimplantation genetic diagnosis (PGD) to prevent unhealthy children from being born – as I shall state we should – we can use this notion of normality in a way that will be accepted also by those who are historically critical of such a way of conceptualising a human being, only if we understand the parallel need for society to shift to a more inclusive and shared definition of autonomy.
为了对这个话题的讨论有所贡献,本文大致基于罗布·斯派洛的文章《人类应该有性行为吗?》两性异形和人类增强”(《美国生物伦理学杂志》,2010年第10期,3-12页)。基于他的一些论点,我的主张是,我们在讨论尚未出生的代理人时不应该提及性别。更广泛地说,我的意图是进一步分析性别和自主概念的交集。首先,我将简要介绍斯派洛的文章和批评,特别强调后结构主义的攻击。在此过程中,我将考虑与这场辩论有关的结构主义和后结构主义之间的差异。随后,我将把朱迪思·巴特勒(Judith Butler)关于性别的表演性的概念与罗纳德·德沃金(Ronald Dworkin)对zoe和bios的区分进行比较。下一步将是将注意力重新转移到健康在讨论中所起的关键作用上(作为身体“正常”和自主功能的工具),这表明人体增强剂和非增强剂之间的实质性差异之一是健康在其相应的价值尺度中的排名。设定有机体如何“正常”运作的标准将是为我的主要主张建立基础所必需的最后一步:基于巴特勒对与他人相关的单一主体的描述,我将建议j根·哈贝马斯(rgen Habermas)和奥诺拉·奥尼尔(Onora O'Neill)作为愿意调和个人和关系自治的立场的可信和有价值的扩展,用伊曼努尔·康德(Immanuel Kant)的话来支持这一最终主张。如果我们的目标是使用基因工程和胚胎植入前的基因诊断(PGD)来防止不健康的孩子出生,我应当说明我们应该正常的——我们可以使用这个概念的方式也将接受那些历史上重要的这样一种方式即可形成的一个人,只有当我们理解平行社会需要转移到一个更具包容性和共享自治的定义。
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引用次数: 1
Culture, Urbanism and Changing Human Biology. 文化、城市化和不断变化的人类生物学。
Q1 Arts and Humanities Pub Date : 2014-04-03 DOI: 10.1080/11287462.2014.897070
L M Schell

Anthropologists have long known that human activity driven by culture changes the environment. This is apparent in the archaeological record and through the study of the modern environment. Perhaps the largest change since the paleolithic era is the organization of human populations in cities. New environments can reshape human biology through evolution as shown by the evolution of the hominid lineage. Evolution is not the only process capable of reshaping our biology. Some changes in our human biology are adaptive and evolutionary while others are pathological. What changes in human biology may be wrought by the modern urban environment? One significant new change in the environment is the introduction of pollutants largely through urbanization. Pollutants can affect human biology in myriad ways. Evidence shows that human growth, reproduction, and cognitive functioning can be altered by some pollutants, and altered in different ways depending on the pollutant. Thus, pollutants have significance for human biologists and anthropologists generally. Further, they illustrate the bio-cultural interaction characterizing human change. Humans adapt by changing the environment, a cultural process, and then change biologically to adjust to that new environment. This ongoing, interactive process is a fundamental characteristic of human change over the millennia.

人类学家早就知道,由文化驱动的人类活动会改变环境。这在考古记录和对现代环境的研究中都很明显。也许自旧石器时代以来最大的变化是城市人口的组织。新环境可以通过进化重塑人类生物学,正如原始人谱系的进化所显示的那样。进化并不是唯一能够重塑我们生物学的过程。人类生物学中的一些变化是适应性的和进化的,而另一些则是病态的。现代城市环境可能会给人类生物学带来哪些变化?环境中一个重要的新变化是主要通过城市化引入污染物。污染物可以以无数种方式影响人类生物学。有证据表明,某些污染物会改变人类的生长、繁殖和认知功能,并以不同的方式改变,这取决于污染物。因此,污染物对人类生物学家和人类学家普遍具有重要意义。此外,它们说明了人类变化特征的生物文化相互作用。人类通过改变环境来适应,这是一个文化过程,然后通过生物变化来适应新环境。这种持续的、相互作用的过程是几千年来人类变化的一个基本特征。
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引用次数: 23
Interculturalism, bioethics perspectives, and human rights 跨文化主义、生命伦理学观点和人权
Q1 Arts and Humanities Pub Date : 2014-04-03 DOI: 10.1080/11287462.2014.920162
Aline Albuquerque
This paper aims to contribute to a deeper reflection on intercultural conflicts within the scope of bioethics, and to point out the problem of using human rights as a theoretical normative mediator of the conflicts in bioethics that bear elements of interculturalism. The methodological steps adopted in this inquiry were the analysis of the concept of intercultural conflict in bioethics, from the perception developed by Colectivo Amani; the study of human rights as tools of the culture of human beings, based on Bauman's theories; and the investigation of the tools that human rights offer so as to solve intercultural conflicts in bioethics. I conclude that intercultural bioethics must incorporate in its prescriptive and descriptive tasks, norms and institutions of human rights that ensure the participation and social integration of individuals from communities that are in cultural conflict. Such measures will act as instruments for the solution of intercultural conflicts.
本文旨在对生命伦理学范围内的跨文化冲突进行更深入的反思,并指出将人权作为具有跨文化主义元素的生命伦理学冲突的理论规范中介的问题。在这次调查中采用的方法步骤是分析生物伦理学中跨文化冲突的概念,从collectivo Amani开发的感知;以鲍曼的理论为基础,将人权作为人类文化的工具进行研究;以及对人权提供的工具的调查,以解决生命伦理学中的跨文化冲突。我的结论是,跨文化生物伦理学必须在其规范性和描述性任务中纳入人权规范和制度,以确保处于文化冲突中的社区的个人参与和社会融合。这些措施将成为解决文化间冲突的手段。
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引用次数: 1
The end of the world as we know it: an analysis of evolutionary and cultural factors which may reduce future human survival 我们所知的世界末日:对可能减少未来人类生存的进化和文化因素的分析
Q1 Arts and Humanities Pub Date : 2014-04-03 DOI: 10.1080/11287462.2014.897069
A. Saniotis, M. Henneberg
At present, various national populations are now at different stages of the demographic transition. This transition may have far-ranging consequences for future humans. With the envisaged artificial support for human life, the significance of these non-metabolic processes may increase. Though the Earth is a thermodynamically open system receiving energy from the universe, the amount of energy flow is limited and the way its flow is structured on the globe restricts human development. Therefore, the future relationship between human population and the Earth may be constrained by a number of conditions; it may no longer be a simple conquest of the world by technology-wielding humans. Human cultures are still adapted to a world of high mortality, high fertility and little mass migration, where the structure and function of the human body was automatically adjusted by natural selection requiring medical intervention only rarely in cases of acute diseases or injuries. Moreover, human population may also continue to increase its “genetic load”, leading to a further decline in population fitness. This article will provide possible future scenarios for humankind from both evolutionary and cultural perspectives which may reduce long-term human fitness.
目前,各国人口正处于人口转型的不同阶段。这种转变可能会对未来的人类产生深远的影响。随着对人类生命的人工支持的设想,这些非代谢过程的意义可能会增加。虽然地球是一个从宇宙中接受能量的热力学开放系统,但能量流的数量是有限的,其在地球上的流动方式限制了人类的发展。因此,未来人口与地球之间的关系可能受到若干条件的制约;它可能不再是由掌握技术的人类简单地征服世界。人类文化仍然适应于一个高死亡率、高生育率和很少大规模迁移的世界,在这个世界上,人体的结构和功能是通过自然选择自动调整的,只有在发生急性疾病或受伤的情况下才很少需要医疗干预。此外,人类种群也可能继续增加其“遗传负荷”,导致种群适应度进一步下降。这篇文章将从进化和文化的角度为人类提供可能的未来情景,这些情景可能会降低人类的长期适应性。
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引用次数: 1
A reflexive cartography and environmental conservation: a model of participatory zoning 反思性制图与环境保护:参与式分区模式
Q1 Arts and Humanities Pub Date : 2014-04-03 DOI: 10.1080/11287462.2014.917864
E. Casti
The Model of Participatory Zoning was developed by the Cartographic Laboratory Diathesis at the University of Bergamo (Italy) and was applied in the framework of Program Régional Parc W/ECOPAS (Ecosystèmes Protégés en Afrique Sahélienne). This model establishes a specific research methodology and develops some GIS (geographic information system)-based analytical tools. The research team designed these analytical tools in order to employ environmental protection models in the field research, which are based on sustainable development and participative management (UNESCO's Man and the Biosphere (MAB) zoning model). The Model of Participatory Zoning, based on participatory mapping that includes geographical competence in applied research, allows the transformation of theoretical concepts into management tools, that is, it embraces all project management phases, from methodological design to the digital capitalization of the outcomes achieved. This model considers territory not merely as something that conveys the material conditions of the humans who settled there, but also as something that embodies symbolic, cultural, and communal values, on which the functioning of any given society depends. For these reasons, maps must be approached with attention to cartographical semiosis, a theory whereby the drawing of a map must not be separated from an analysis of the territory since maps act as symbolic agents for a given society, that is, they prescribe the conditions for any territorial action. Far from being only a useful representational tool, maps, and in particular participatory maps, set out the place where the viewpoints of institutional agents – who are appointed to plan environmental and territorial conservation – are brought into question and placed side by side with those of local actors – who employ specific territorial knowledge either to promote or hinder conservation.
参与式的模型分区地图实验室是由大学的素质贝加莫(意大利)和应用程序框架的地区帕洛阿尔托研究中心W / ECOPAS(西非门徒en Afrique Sahelienne)。该模型建立了具体的研究方法,并开发了一些基于GIS(地理信息系统)的分析工具。研究小组设计了这些分析工具,以便在实地研究中采用基于可持续发展和参与式管理的环境保护模式(教科文组织的人与生物圈(MAB)分区模式)。参与式分区模型基于应用研究中包含地理能力的参与式制图,允许将理论概念转化为管理工具,也就是说,它涵盖了从方法论设计到实现成果的数字化资本化的所有项目管理阶段。该模型认为,领土不仅是传达居住在那里的人类物质条件的东西,而且是象征、文化和公共价值的东西,任何特定社会的运作都依赖于这些价值。由于这些原因,在处理地图时必须注意地图符号学,这是一种理论,即地图的绘制不能与对领土的分析分开,因为地图是特定社会的象征性代理,也就是说,它们规定了任何领土行动的条件。地图,特别是参与性地图,不仅是一种有用的代表性工具,而且还列出了一个地方,在这个地方,被任命来规划环境和领土保护的机构代理人的观点受到质疑,并与利用特定领土知识来促进或阻碍保护的地方行动者的观点并列。
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引用次数: 0
In memoriam: Dr Andrés Peralta Corneille 派拉塔在memoriam:医生Andrés Corneille
Q1 Arts and Humanities Pub Date : 2014-04-03 DOI: 10.1080/11287462.2014.922319
B. Chiarelli
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引用次数: 0
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Global Bioethics
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