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Constitutional and Other Persons 宪法及其他人士
IF 0.2 Pub Date : 2015-04-19 DOI: 10.5840/QD20155221
G. Bradley
In Roe v. Wade2 the Supreme Court affirmed three propositions about the status of unborn children as human persons. The first proposition was that the unborn are not constitutional persons. The Court asserted that the word “person” as used in the Fourteenth Amendment does not include the unborn (156). This conclusion was important because, as the Court plainly stated, the case for abortion liberty would otherwise, “collapse..., for the fetus’s right to life would then be guaranteed specifically by the Amendment” (156–67). The Court concluded, more specifically, that if the unborn were recognized as constitutional persons, only abortions to save a pregnant woman’s life could be consistent with equal respect for the life of the unborn.3 Writing for the Roe Court, Justice Blackmun treated the constitutional-person question as one about past legal usage, as an inquiry about a technical term whose meaning in Roe depended upon how it was understood in the nineteenth century. He considered just two kinds of historical evidence
在罗伊诉韦德案(Roe v. wade)中,最高法院确认了关于未出生婴儿作为人的地位的三项主张。第一个主张是未出生的人不是宪法规定的人。最高法院断言,第十四修正案中使用的“人”一词不包括未出生的胎儿(156)。这一结论很重要,因为正如最高法院明确指出的那样,否则堕胎自由的情况将“崩溃……,因为胎儿的生命权将得到修正案的具体保障”(156-67)。法院的结论更具体地说,如果未出生的人被承认为宪法人,只有为挽救孕妇的生命而堕胎才符合对未出生者生命的平等尊重布莱克蒙法官在为罗伊案法院撰写的意见书中,将宪法人问题视为一个关于过去法律用法的问题,作为一个关于一个技术术语的问题,这个术语在罗伊案中的含义取决于19世纪对它的理解。他只考虑了两种历史证据
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引用次数: 0
Bioethics: Ethico-Centric Interdisciplinarity 生命伦理学:以伦理学为中心的跨学科
IF 0.2 Pub Date : 2015-04-19 DOI: 10.5840/QD20155218
E. Brugger
When scholars over the past forty years have proposed definitions of ‘bioethics,’ they have usually addressed the question in terms of methodology:1 do we start with an analytical framework of abstract principles (Beauchamp and Childress),2 or the particularities of individual cases (John Arras, Jonsen and Toulmin);3 do we follow a neo-Kantian method (Alan Donagan),4 a more explicitly Christian approach,5 a narrative-based approach,6 a utilitarian,7 or
过去四十年来,当学者们提出“生命伦理学”的定义时,他们通常从方法论的角度来解决这个问题:1、我们是从抽象原则的分析框架(比尚和柴尔德里斯)开始,2、还是从个案的特殊性(约翰·阿拉斯、琼森和图尔敏)开始;3、我们是遵循新康德主义的方法(艾伦·多纳根)、4、更明确的基督教方法、5、基于叙事的方法、6、功利主义的方法、7或
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引用次数: 1
The New Regime of Marriage Law: Its Significance for Catholic Life 婚姻法的新制度:对天主教生活的意义
IF 0.2 Pub Date : 2015-04-19 DOI: 10.5840/qd20155222
J. Boyle
During the last decade the marriage laws in many jurisdictions, including Canada where I live, have been changed so as to allow couples of the same sex to be deemed to be married, that is, given the opportunity to marry legally with the result that same sex couples have the legal status—comprised of the legal rights, liberties, and duties that together specify it—which was enjoyed previously only by heterosexual married couples. This trend in the marriage law in Western countries seems unlikely to be reversed in the near future, and, indeed, appears more likely to continue—and perhaps to accelerate—in the present political and jurisprudential climate that so favors equality. This new legal regime seems likely to become the new normal. This change in the law is understood by both its proponents and opponents to be significant. Proponents highlight the greater equality created between same-sex and opposite-sex couples. Opponents highlight the radical implications of the new regime for the social forms within which people understand and carry out very basic relationships, including sexual and family relationships and child rearing. These relationships play a central role in personal and communal life, and, within the traditional monotheistic religions, including Catholicism, in understanding the relationship of human beings to God. As a result, Catholics, along with others sharing their evaluation of what is at stake in marriage, have reason to take the measure of this change in the law of marriage, its implications, and the consequences of the new social reality caused by that change. Doing this will allow for the needed assessment of the steps that are to be taken to deal with this new reality, particularly as it affects their own understanding and practice of Christian marriage. Such an assessment will rely on some of the considerations that figure in a strictly philosophical evaluation of the new regime of marriage law. But the evaluation I undertake here begins with a premise which secular reflection generally should avoid—namely, the normative dominance for Catholics of the Catholic teaching about and practice of marriage. It might appear that the change in the civil law of marriage should be of little concern to Catholics, because the new regime of marriage does not pretend to alter the marriage practices of Catholics and other tradition-
在过去的十年里,包括我居住的加拿大在内的许多司法管辖区的婚姻法都进行了修改,允许同性伴侣被视为已婚,也就是说,给予同性伴侣合法结婚的机会,从而使他们拥有法律地位——包括法律上的权利、自由和义务——而这些在以前只有异性恋夫妇才能享有。西方国家婚姻法的这一趋势似乎不太可能在不久的将来逆转,事实上,在当前的政治和法律环境下,这种趋势似乎更有可能继续下去,甚至可能加速。这种新的法律制度似乎可能成为新的常态。支持者和反对者都认为这项法律的改变意义重大。支持者强调在同性和异性伴侣之间创造了更大的平等。反对者强调了新制度对社会形式的激进影响,在这种社会形式中,人们理解和执行非常基本的关系,包括性关系、家庭关系和抚养孩子。这些关系在个人和社区生活中发挥着核心作用,在传统的一神论宗教中,包括天主教,在理解人与上帝的关系方面也发挥着核心作用。因此,天主教徒和其他人一起分享他们对婚姻的利害关系的评价,有理由对婚姻法的这种变化,其含义以及由这种变化引起的新社会现实的后果采取措施。这样做将允许对应对这一新现实所采取的步骤进行必要的评估,特别是因为它影响了他们自己对基督教婚姻的理解和实践。这样的评估将依赖于对婚姻法新制度进行严格的哲学评价时所考虑的一些因素。但我在这里进行的评估始于一个世俗反思通常应该避免的前提——即天主教关于婚姻的教义和实践的规范主导地位。似乎天主教徒对婚姻民法的改变不应太在意,因为新的婚姻制度并不假装改变天主教徒的婚姻习俗和其他传统
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引用次数: 0
Human Embryology: Science Politics versus Science Facts 人类胚胎学:科学政治与科学事实
IF 0.2 Pub Date : 2015-04-19 DOI: 10.5840/QD20155220
M. Condic
As a scientist, I have written and spoken about the topic of human embryology for many years, and I am continuously reminded of both the mystery surrounding human embryos and of the passionate feelings they evoke. The prenatal origin of human life has fascinated biologists, philosophers, and religious thinkers for a very long time.1 Yet in the modern age, thinking about the earliest stages of human life—and considering the value of life at its very beginning—has become entangled with some of the most emotionally compelling issues society and individuals face, including the bearing of children, the relief of human suffering, and the pursuit of scientific knowledge. For the vast majority of human history, prenatal development has been a profound mystery. A host of folklore, mythology, and religious beliefs have arisen surrounding the origin of human life, but until quite recently, we knew very little for certain beyond the basics that can be readily observed; that after a period of confinement lasting approximately nine months, a baby is brought forth from the mother’s womb with much effort and with considerable risk to both mother and child. Over the last several decades, science has begun to unravel the mysteries of human development. Yet despite these advances in our understanding, in many ways, the true nature of our embryonic origin remains shrouded in darkness, mystery, and controversy. One of the challenges we face in thinking about the human embryo is that embryonic development falls outside every-day human experience. Typically, we formulate our opinions about the world based on what we observe, what we feel about our observations, and what we conclude from these observational and emotional events. We develop an intuitive sense of what things are and how they fit into our lives based on our experiences with them over time. This kind of intuitive understanding allows us to overcome our immediate reactions in favor of what we know to be true overall—even when appearances might beg to differ. For example, many of us, quite understandably, react to human toddlers as members of an alien species. They are louder, messier, and consider-
作为一名科学家,我多年来一直在写和讲关于人类胚胎学的话题,我不断地想起围绕着人类胚胎的神秘和它们所唤起的激情。很长一段时间以来,生物学家、哲学家和宗教思想家对人类生命的起源都很感兴趣然而,在现代,思考人类生命的最初阶段,思考生命最初的价值,已经与社会和个人面临的一些最具情感吸引力的问题纠缠在一起,这些问题包括生儿育女、减轻人类痛苦和追求科学知识。在人类历史的大部分时间里,产前发育一直是一个深奥的谜团。围绕人类生命的起源,出现了大量的民间传说、神话和宗教信仰,但直到最近,除了可以轻易观察到的基本知识外,我们所知道的很少;在大约9个月的坐月子期后,婴儿从母亲的子宫里出来,需要付出很大的努力,对母亲和孩子都有相当大的风险。在过去的几十年里,科学已经开始揭开人类发展的奥秘。然而,尽管我们的理解取得了这些进步,但在许多方面,我们胚胎起源的真实本质仍然笼罩在黑暗、神秘和争议之中。我们在思考人类胚胎时面临的挑战之一是胚胎发育超出了人类的日常经验。通常,我们对世界的看法是基于我们的观察,我们对观察的感受,以及我们从这些观察和情感事件中得出的结论。随着时间的推移,我们对事物是什么以及它们如何融入我们的生活产生了一种直觉。这种直观的理解使我们能够克服我们的直接反应,支持我们所知道的整体是正确的——即使外表可能会有所不同。例如,我们中的许多人,完全可以理解,对人类幼儿的反应是外星物种的成员。他们更大声,更混乱,而且考虑
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引用次数: 1
Introduction to Catholic Bioethics 天主教生命伦理学导论
IF 0.2 Pub Date : 2015-04-19 DOI: 10.5840/QD20155216
Patrick Lee
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引用次数: 0
The Call to Holiness and Personal Vocation 对圣洁和个人天职的召唤
IF 0.2 Pub Date : 2015-04-19 DOI: 10.5840/QD20155217
G. Grisez
We do not call people holy unless they are outstanding morally. Originally, however, the word holy signified the mysterious and awesome reality of the divine. We use the word in that sense in the Gloria: “You alone are the Holy One.” But even those who believed in gods that were anything but morally excellent thought of them as holy. Taking holy to mean the mysteriousness and awesomeness of the divine, people of every religion also used the word to refer to things related to the divinity they worshipped. We too speak of holy pictures and holy water, things incapable of the moral qualities and great charity of a Thomas More or an Angela Merici. How, then, did holiness come to connote moral excellence? In his relationship with Israel, God manifested fidelity and loving kindness, righteousness and compassion (see Ex 34.6–7). And he directed Moses to teach the Israelites to imitate his holiness: “Say to all the congregation of the people of Israel, You shall be holy; for I the Lord your God am holy” (Lv 19.2). Because Yahweh not only is mighty and terrible but loving and faithful, his chosen people must walk in his ways, love him, and keep his commandments—which he gives them for their own good. Insofar as God’s people sin, they will not be holy but unlike him and alien to him. The New Testament presupposes the Old Testament’s teaching that God communicates holiness to human beings. The new covenant’s communication of holiness, however, is far more profound, for Jesus is the one “called holy, the Son of God” (Lk 1.35). By perfect obedience to the Father, he frees humankind from sin and radically transforms those who believe in him, so that he can present them to the Father: “holy and blameless and irreproachable” (Col 1.22). Thus, moral excellence is not only required of Christians (see, Rom 6.15–23, 8.1–17, 12.1–2; Gal 5.13–6.10) but realized in them as the fruit of charity—of the love of God poured forth in their hearts by the Holy Spirit who has been given them (see Jn 13.34; 14.15, 21–24; 15.9–14; Rom 5.5; 13.8–10; 1 Cor 13; Gal 5.13–16).
除非一个人在道德上出类拔萃,否则我们不能称他为圣洁。然而,最初,“神圣”一词表示神圣的神秘和令人敬畏的现实。我们在歌洛里用这个词:“唯独你是圣者。”但即使是那些信仰道德上不优秀的神的人也认为他们是神圣的。“holy”意指神圣的神秘和令人敬畏,各种宗教的人们也用这个词来指代与他们所崇拜的神有关的事物。我们也谈论圣像和圣水,这些东西无法与托马斯·莫尔或安吉拉·梅里奇的道德品质和伟大的慈善相提并论。那么,圣洁是如何包含道德上的卓越的呢?在神与以色列人的关系中,神显明了信实、慈爱、公义和怜悯(见出埃及记36:6 - 7)。又吩咐摩西教训以色列人效法他的圣洁:“你晓谕以色列全会众说:你们要圣洁;因为我耶和华你们的神是圣洁的”(路十九2)。因为耶和华不仅是大能可畏的,而且是慈爱信实的,所以他的选民必须遵行他的道,爱他,遵守他的诫命——这是他为他们的益处所赐给他们的。只要上帝的子民犯罪,他们就不是圣洁的,而是与上帝不同,与上帝格格不入。新约以旧约的教导为前提,即上帝将圣洁传达给人类。然而,新约的圣德传达要深刻得多,因为耶稣是“被称为圣的,是天主子”(路1:35)。借着对天父的完全顺服,他将人类从罪中释放出来,并从根本上改变那些相信他的人,这样他就可以把他们带到天父面前:“圣洁,无可指摘,无可指责”(西1:22)。因此,道德卓越不仅是基督徒的要求(见罗马书6.15 - 23,8.1 - 17,12.1 - 2;加拉太书5:13 - 6.10),乃是在他们心里结出了爱的果子,就是神的爱藉著所赐给他们的圣灵浇灌在他们心里(参约13:34;14.15月21;15.9 -14;罗5.5;13.8 -10;林前13;-16年加5.13)。
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引用次数: 0
Suffering, Enhancement, and Human Goods 苦难、进步和人类的财富
IF 0.2 Pub Date : 2015-04-19 DOI: 10.5840/QD20155223
C. Tollefsen
A well-intentioned concern for the alleviation of suffering—the “relief of man’s estate,” in Francis Bacon’s words—motivates much of modern science, medicine, and biomedical research.1 Such commonality is possible because man’s estate is one of suffering, pervasive suffering. It includes the suffering of disease and disability, obviously, and this is the focus of those parts of medicine that seek to cure. But it also includes the suffering brought about by both our mortality and our awareness of that mortality; by our limitations in the face of nature, including our own biological nature; by our persistently bad choices, bearing both upon ourselves and on others, and by the corresponding bad choices of those others; and by the fact that our reach always exceeds our grasp, leaving us frustrated in our desires and pursuits. Suffering follows upon each of these features of our condition, and we are quick to respond with the resources of modern medicine and biotechnology: we cure what disease and disability we can; we seek to provide relief for incurable suffering; some seek to end the lives of those whose suffering is intolerable; and the most visionary of us look to the days when the sources of our suffering will have been more thoroughly addressed, not only by the elimination of disease and disability, but also by the indefinite extension of the human life span, and the vast increase of our capacities, such that all that we desire lies within reach. But if concern for suffering runs like a thread through the entirety of our medical and biotechnological world, how is it that this world is so riven with disagreement? If there is a common enemy—human suffering— why cannot we all just rally around the flag, and defeat it together? It is surely not the case that so-called bio-conservatives want to suffer, though this caricature seems sometimes to be drawn by their opponents; so why are there bio-conservatives, people who shout “stop!” at some efforts, at least, to end suffering?2
减轻痛苦的善意关怀——用弗朗西斯·培根的话来说就是“人类财产的救济”——激励了许多现代科学、医学和生物医学研究这种共同性之所以成为可能,是因为人类的处境是一种痛苦,一种无处不在的痛苦。显然,它包括疾病和残疾的痛苦,这是那些寻求治愈的医学部分的重点。但它也包括我们的死亡和我们对死亡的意识所带来的痛苦;我们面对自然的局限性,包括我们自己的生物本性;我们不断做出错误的选择,既影响到我们自己,也影响到别人,而别人也相应地做出了错误的选择;我们的能力总是超出我们的能力范围,让我们在自己的欲望和追求中受挫。我们的身体状况的每一个特征都伴随着痛苦,我们很快就用现代医学和生物技术的资源做出反应:我们治愈我们所能治愈的疾病和残疾;我们寻求为无法治愈的痛苦提供救济;有些人试图结束那些无法忍受痛苦的人的生命;我们中最有远见的人期待着有一天,我们痛苦的根源将得到更彻底的解决,不仅是疾病和残疾的消除,而且是人类寿命的无限延长,我们的能力的巨大增长,这样我们所渴望的一切都触手可及。但是,如果对痛苦的关注像一条线一样贯穿于我们整个医学和生物技术世界,为什么这个世界如此充满分歧?如果有一个共同的敌人——人类的苦难——为什么我们不能团结在旗帜周围,一起打败它?当然,所谓的生物保守主义者并不想受苦,尽管这种讽刺似乎有时是他们的对手画的;那么,为什么会有生物保守主义者,那些大喊“停止!”“至少在某种程度上结束痛苦?”2
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引用次数: 2
How Are We To Make Good Moral Choices and Do What Is Morally Good? 我们如何做出正确的道德选择,做道德上正确的事?
IF 0.2 Pub Date : 2015-04-19 DOI: 10.5840/QD20155219
W. May
Every day each of us has to decide what we are going to do; we are faced with choices. Should I, on coming to a stop light showing yellow, drive through the intersection if I am in a hurry to meet an important person in a company I want to work for? If I am filling out my income tax or expense report for my employer, should I “pad” it by claiming thirty charitable contributions under $50.00 for my tax report—they do not require written proof—and by claiming as business expenses meals and car rentals that were primarily for personal—not business—use even though one of ten meals was with a business client? To choose the morally good alternative and carry it out in act we need a criterion to distinguish morally good from morally bad alternatives of choice. We can exclude different types of consequentialism such as utilitarianism because consequentialism in all its forms holds as morally good those actions that bring about more benefits for people than would an alternative choice, irrespective of the means elected to produce the benefit. Their motto is “The most good for the most number of people,” even if this choice necessarily includes bringing harm, even death, on a smaller number of people. Consequentialists of all stripes (i.e., act and rule utilitarians, proportionalists, etc.) forget, however, that human acts—ones that we freely choose and are not chosen because our heredity and/or environment determines us to choose—not only “get things done,” (i.e., bring about results or consequences), but also—and more importantly—“get things said.” People recognize this because we commonly say that ‘actions speak louder than words.’ Expressed more technically, human acts are self-reflexive, abiding in the agent as dispositions to engage in similar acts of the same kind. We can indeed truly say that we make ourselves to be the kind of persons we are—selfish or self-giving, turned in on ourselves, or receptive of others—in, and through, the deeds we freely choose to do every day. So true is this that we can say that our integral, existential character as moral persons is shaped by our everyday freely chosen deeds, good and bad. We make ourselves to be the persons we are in, and through, the choices, good and bad, we make each day of our lives.
每天我们每个人都要决定我们要做什么;我们面临着选择。如果我急着去见我想去的公司里的重要人物,我是否应该在遇到黄色交通灯时穿过十字路口?如果我正在为我的雇主填写我的所得税或费用报告,我是否应该在我的税务报告中申报30笔50美元以下的慈善捐款(它们不需要书面证明),并将主要用于个人而非商业用途的餐费和租车费用申报为业务费用,即使其中10次餐费中有一次是与商业客户一起用餐的?为了选择道德上好的选择并在行动中实施,我们需要一个标准来区分道德上好的选择和道德上坏的选择。我们可以排除不同类型的结果主义,比如功利主义因为所有形式的结果主义都认为那些给人们带来更多利益的行为都是道德上的善,而不管人们选择了什么方式来产生利益。他们的座右铭是“为大多数人争取最大利益”,即使这种选择必然会给少数人带来伤害,甚至死亡。然而,形形色色的结果主义者(即行为和规则功利主义者、比例主义者等)忘记了,人类的行为——我们自由选择的行为,而不是因为我们的遗传和/或环境决定我们选择的行为——不仅是“把事情做完”(即带来结果或后果),而且更重要的是——“把事情说出来”。人们认识到这一点,因为我们常说“行动胜于语言”。更专业地说,人类的行为是自我反射的,作为参与同类类似行为的倾向存在于行为主体中。我们确实可以说,是我们通过每天自由选择的行为,把自己塑造成我们本来的样子——自私或自我奉献,自我封闭,或接纳他人。因此,我们可以说,我们作为道德人的完整的,存在的性格是由我们每天自由选择的行为塑造的,不管是好是坏。我们让自己成为我们自己,通过我们每天所做的选择,无论是好是坏。
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引用次数: 0
Correcting the Caricature: God and Kant 纠正漫画:上帝与康德
IF 0.2 Pub Date : 2015-04-15 DOI: 10.5840/QD20155111
Andrew Pfeuffer
This paper will offer a simple propaedeutic to several salient aspects of Kantian ethics and rational theology in order to demonstrate the necessity of God in Kantian ethics. It will be argued that the loss of God fatally compromises Kantian morality. In pursuit of this end, clarification will be offered for some commonly misunderstood or neglected elements of Kantian ethics which are essential to a holistic view of Kantian morality and essential to the integration of Kantian ethics into a coherent worldview which incorporates his rational theology. The argument advanced in this paper seeks to demonstrate that theism and reason are not at cross purposes, and that a rationalistic system of ethics may in fact include God in a prominent and deeply meaningful way. Kant conceives of a position commonly known as the “argument from morality” which acknowledges that the divine being is in fact closed off to our limited knowledge through speculative reason, but whose existence can be postulated as a necessity of practical reason and our relation to the moral law. While this is not so much a proof as a justification, it is nevertheless found rationally as a postulate of practical reason, a necessary condition of, and for, morality. This is achieved through the ultimate possibility of the summum bonum, something which does not seem possible, yet is necessary for our dedication to the moral law. 1
本文将对康德伦理学和理性神学的几个突出方面进行简单的介绍,以论证康德伦理学中上帝的必要性。有人会说,失去上帝对康德的道德是致命的妥协。为了达到这一目的,我们将澄清康德伦理学中一些通常被误解或忽视的元素,这些元素对于康德道德观的整体观和将康德伦理学整合到一个包含其理性神学的连贯世界观中至关重要。本文中提出的论点旨在证明有神论和理性并不是相互抵触的,而且理性主义的伦理体系实际上可能以一种突出而深刻的有意义的方式包括上帝。康德设想了一种通常被称为“道德论证”的立场,这种立场承认神的存在实际上是与我们通过思辨理性的有限知识隔绝的,但它的存在可以被假定为实践理性和我们与道德律的关系的必然性。虽然这与其说是一种证明,不如说是一种证明,但它却是作为实践理性的一个假设,作为道德的必要条件而被理性地发现的。这是通过至善的最终可能性来实现的,这似乎是不可能的,但对于我们对道德律的奉献是必要的。1
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引用次数: 0
Must Morality be Grounded on God? 道德必须以上帝为基础吗?
IF 0.2 Pub Date : 2015-04-15 DOI: 10.5840/QD2015512
J. Rist
that kind of thing.” He was telling us, that is, that his moral code depends on does not say that he ought to do what he does, unless he can be construed to mean that what I like to do (or what I choose to do) is what I ought to do. But like ought not to do it.” Nor, of right to be helped if they are suffering or in trouble. On the contrary, he famously commented that such supposed rights are nonsense on stilts; that is, that the notion of a natural right is unintelligible. morality seems to be centred on the sense of the moral force of it—is intelligible, let alone useful.
诸如此类的事情。”他告诉我们,也就是说,他的道德准则并没有说他应该做他所做的,除非他的意思是我喜欢做的(或者我选择做的)就是我应该做的。但是他不应该这样做。”也没有权利在他们遭受苦难或陷入困境时得到帮助。相反,他的著名评论是,这种所谓的权利在高跷上是无稽之谈;也就是说,自然权利的概念是不可理解的。道德似乎集中在道德力量的意义上——它是可理解的,更不用说有用了。
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Quaestiones Disputatae
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