A Critique on the Application of the Principle of Subsidiarity Concerning Human Embryonic Stem Cell Research in South Africa

Researchers from all around the world emphasize on the enormous possible benefits that stem cells may have for the treatment of diseases. However, this technology is considered morally problematic when the source of the stem cell is from a human embryo. Nonetheless, there is a consensus that of all the types of stem cells, hESC （human embryonic stem ceils） are the most promising for particular and important research and therapies. Yet, there are controversial issues regarding the ＂killing＂ of the human embryo for stem cell derivation. There are two general ethical conditions that should govern the instrumental use of embryo. One of them, the principle of subsidiarity, which is defined as ＂a state we have that we have to choose the less contentious means of achieving the intended goal＂. Based on this principle, we ought only to use hESC when there are no other alternatives, which are less morally controversially. Subsidiarity is based on the assumption that there is something ethically unsound about the use ofhESC. However, this principle only makes sense if it is based on consistently upheld views of the moral status of embryo, moreover, the law should also not limit or prohibit hESC research based on this principle. In this paper, I argue---using the South African law for hESC technology--that criterion for deciding which type of stem cells to use should be based on their potential and suitability for advancing scientific knowledge and development of new therapies which will be greatly beneficial in alleviating human suffering.

Responsibility Distribution Between the Government and Society in Guaranteeing Basic Senior Care Services

The 20th National Congress of the Communist Party of China put forward the task to ensure all elderly people enjoy basic senior care services.In an aging society,basic senior care services are key to protecting the basic human rights of the elderly.The government-society partnership is an ideal model to guarantee basic senior care services.In terms of responsibility distribution,the government and social organizations should follow the principle of subsidiarity.On the one hand,social organizations undertake the responsibility to provide basic senior care services under public constraints with regard to service prices,service content,and service targets;On the other hand,the government is the responsible guarantor for minimum senior care services and the prevention of risks.The government’s responsibility of guaranteeing minimum senior care services lies in the government taking over relevant projects after the occurrence of risks.Constrained by the principle of subsidiarity,the government’s responsibility for risk prevention shifts from ex-ante prevention to interim and ex-post prevention.Emphasis should be placed on the principle of the government and society assuming shared responsibilities for risk prevention and achieving risk prevention through government spending.

THE NATURAL LAW FOUNDATION OF THE MARKET

In answering three important questions related to natural law,this paper offers a coherent explanation of the market.We argue that the market,rather than a mechanism that simply serves narrow self-interests,finds its legitimacy in the ethical origins of the market order.The need for law to support and sustain the market,including by imposing necessary limits on the freedom of the market players,flows from those ethical origins.