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MORALITY AND LAW IN A GLOBAL SOCIETY: A PLACE FOR NATURAL LAW THEORY? 被引量:1
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作者 Hon. Rollin A. Van Broekhoven 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2017年第4期626-672,共47页
There are basically four stages of a person's thinking. The first is a person's quest for meaning. It is a time for questions. Socrates said that an unexamined life is not worth living. Yet in America, living an exa... There are basically four stages of a person's thinking. The first is a person's quest for meaning. It is a time for questions. Socrates said that an unexamined life is not worth living. Yet in America, living an examined life is rare. The challenge is to live an examined life in a culture of unexamined lives. The second stage is a time for answers. We cannot avoid the realism of evil, yet today, few have seriously examined absolute evil. The third stage is a time for confirmation and assurances to our answers of evil and pain. The fourth stage is the time for commitment and beginning of the journey. For the simple person who has all the answers, there is no further journey. At the other extreme is the intellectual who never has all the answers. There is always a question for another day and there is never any really settled resolution on what he or she believes or why. There are two basic philosophical systems that have influenced our thinking about morals and about law. The first is naturalism, which began in the 6th century B.C., in the Greek Ionian culture with a certain set of cosmologies, most of which were naturalistic in nature where reality was expressed in terms of water, fire, earth, or air. Naturalism has experienced great growth since in the Enlightenment. However, the notion at the heart of morality and law is idealism. Indeed, for much of the history of legal thought, the connection between morality and law was found in idealism. It is within the philosophy of idealism that we find the history of natural law theory. This matters because how one thinks about the nature and purpose of law, what forms the foundation of law and how it is made, either legislatively or through the courts is one of the most elusive and persistent problems in the entire range of human thought. This article explores some of that history. 展开更多
关键词 WORLDVIEW morality and moral authority JURISPRUDENCE CONSTITUTIONALISM
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Family "Drama" and Self-Empowerment Strategies in the Genealogy Writings of Yuan Jingrong (1786-ca.1852)
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作者 Binbin Yang 《Frontiers of Literary Studies in China-Selected Publications from Chinese Universities》 2013年第1期37-64,共28页
This article focuses on a genre of late imperial women's writing that has rarely been explored, namely, genealogy writing. By "genealogy writing," I refer not only to family histories composed of lists of descendan... This article focuses on a genre of late imperial women's writing that has rarely been explored, namely, genealogy writing. By "genealogy writing," I refer not only to family histories composed of lists of descendants and ancestors' biographies, but also, more broadly, to writings specifying the terms for ancestral rites. This genre of writing conferred ritual and moral authority, especially during a time when ancestral worship became the defining attribute of a lineage and was held in supreme importance by local families and lineages. Women, however, almost never enjoyed such authority. My selection of the case of Yuan Jingrong (1786-ca.1852, wife to the Vice Minister of Rites, Wu Jie) is based precisely on this concern of genre. By appropriating the authority conferred by genealogy writing, Yuan Jingrong gained the upper hand in her family's dramatic shifts of fortune and power, and pushed women's self-empowering strategies to extraordinary proportions. 展开更多
关键词 genealogy writing Yuan Jingrong ritual and moral authority self-empowering strategies family "drama"
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