Love,Marriage and the Equality of Human Dignity

This essay aims to discuss and analyse Jane Eyre and Mr. Rochester's attitude towards love and marriage. Struggling for theequality of human dignity crosses through their love from beginning to end. Therefore, we can draw a conclusion--True love and happymarriage are based upon the equality of human dignity between a couple.

On Human Rights from the Perspective of Human Dignity

In his government work report to the 3rd Session of the 11th National People＇s Congress （NPC） on March 5, 2010, Chinese Premier Wen Jiabao said： ＂Everything we do is to make the people live happier and more dignified,make the society more just and more harmonious.＂ This is held up by the media as the

On the Criminal Responsibility of Buying Abducted Women or Children: The Human Dignity Perspective

Buying and selling abducted women or children are symmetrical crimes, but the “the same punishment for the same crime” is not applied. The focus of the criminal punishment for buying abducted women or children is not about increasing the statutory sentence, but strengthening judicial and law enforcement, to increase the prosecution rate and impose combined punishment for several crimes including the buying of abducted women or children and other subsequent crimes, so as to demonstrate the inevitability of criminal punishment. Human dignity is the core legal interest violated by the crime of buying abducted women or children. The specific legal interest is that humans are not for sale, which should be valued and protected independently in criminal law. This crime is a type of behavioral offense rather than a crime of circumstances. Under normal circumstances,neither the consent of the victim nor the goodwill of the purchaser excludes conviction of the crime. Compared with the crime of abducting and trafficking women or children, buying abducted women or children is not necessarily a serious crime, and the basic statutory punishment of less than three years is reasonable. However, it is possible to appropriately raise the sentence to less than five years in legislation.Where subsequent behaviors do not constitute a crime, they can be used as aggravating circumstances for the crime, and an aggravated statutory sentence can be configured to connect with the statutory punishments for the crime of abducting and trafficking women or children.

Different Cultures Show Same Respect for Human Dignity

Luo Haocai, president of China Society for Human Rights Studies, delivered a speech at the opening ceremony of the 4th Beijing Forum on Human Rights on Sept. 21, 2011. The full text of his speech follows：

The Value and Realization of Human Dignity

I. Introduction Human dignity manifests itself as respect for the humanity of all in- dividuals. Currently, China is in the historical period of transforming from ＂national prosperity＂ to ＂putting people first.＂ Respecting and protecting hu- man dignity marks its beginning and serves as its objective. Analysis of the value of human dignity and investiga- tion into realistic approaches to protect human dignity will be of practical and theoretical significance to the further advancement of the human rights cause in China.

Discussion on Human Dignity and Human Rights Protection from the Perspective of Peacekeeping

From an academic point of view, human dignity is the source of human rights, and has a profound academic his-tory. Since the end of World War II, the issue of human rights has received great attention from the international community. So, human right theories, for which human dignity is the basic consideration, have developed continuously. In this era of advocating rights, human dignity and human rights protection are universal values and concepts, which were emphasized once again after World War II.

Philosophy and Sustenance of Human Dignityin the 21st Century

The distortion and dissolution of the concept of person has led to hideous atrocities,such as annihilation of the Jews in the previous century,the continued oppression of the Palestinian people,the massacre of Moslems in Srebrenica,the Rwandan genocide,racial discrimination,the manifold manipulations of man through science and technology,barbarous and iniquitous laws(such as the legalization of abortion,etc.),the horrendous killings by Islamic terrorists(such as ISIS in Syria and the Boko Haram insurgents in Nigeria),the increasing biomedical researches as in stem cell,etc.This paper seeks to make it clear that man occupies a central place in the created order.From this perspective,man enjoys a special status and should not to be treated as mere object.Thus,it is arguable that the ontological basis for a substance being denominated as person is its special dignity,which separates it from a mere thing.Human dignity,therefore,is an intrinsic quality of all human beings.Among other things,this paper will strive to investigate various violations of human dignity and the role of philosophy in sustaining the dignity of human person in the 21st century.

Human Dignity and Human Rights： A Universal Language for Bioethics

One of the aims of the Universal Declaration on B ioethics and Human Rights （UNESCO） is to ＂promote respect for human dignity and protect human rights＂,l Here are two overarching principles at work, ensuring that the biomedical sciences fulfill their task within an ethical framework. The principle of respect for human dignity is a universal moral concept, meant to be applied in human encounters. Protecting human rights underscores the legal principle of not only affirming the fundamental equality of all human beings, but equally safeguarding it. These two principles are universally defined, but are ordinarily specified by the particular value system of individual cultures in which they are employed. It is within such particular cultural application that their relevance stands out. The thrust of this paper is that, since principles are general action guides, they actually constitute a universal language for the analysis and evaluation of all human conduct. However, there is also recognition of the fact that moral contexts vary from culture to culture, and that while the scope of the two principles above is not restricted by any particular culture, it is indeed those cultural specifics of each moral context that constitute the framework within which the principles become operational. As general action guides, I will argue that these principles lack moral relevance outside of those particular cultural settings wherein they are contextualized. Without such relevance, these principles become meaningless mantras. I will further show that such principles do not merely uphold values informed by particular cultures, but they are an embodiment of values inherent to human nature in general. Consequently, these principles do not just serve as instruments for addressing issues peculiar to ＂Western bioethics＂ or any other particular cultural setting in an exclusive sense, but are also used for moderating bioethics discourse that transcend particular cultural boundaries. I will further explain that such universal discourse is potentially instructive with regards to how cultural universals are viewed in relation to the cultural particulars, and that this discourse essentially becomes a lingua franca for cross-cultural dialogue in bioethics.

TOWARDS A HUMAN DIGNITY BASED APPROACH TO FOOD SECURITY： LESSONS FROM CHINA AND INDIA

Despite almost halving the proportion of the world＇s undernourished over the past two and half decades, the number of undernourished people in the world remains staggeringly high. Efforts to address the global state of food insecurity must target China and India, which are home to the world＇s highest and second highest number of undernourished people. This article analyzes the comparative experiences of tackling food security in China and India and adopts an inter-disciplinary approach, which melds legal, economic, and human perspectives to food security. Both China and India have made concerted efforts to improve food security of vulnerable populations in the past three decades. These efforts have historically focused on actively promoting grain production, which has been largely successful in achieving grain self-sufficiency and securing adequate availability of food for their populations. However, the contemporary challenges to food security are now increasingly driven by unsustainable dietary patterns and are exacerbated by growing populations, increasing wealth, and the globalization of food supply chains. As a result, the cause of food insecurity is no longer fundamentally about food supply, but rather about the extent to which marginalized populations are empowered with the rights, freedoms, and capabilities that enable them to attain healthy and productive lives. China and India apply markedly different approaches to address the issue of people＇s access to food. In India, the right to food movement has gained momentum through the work of civil society actors and there is now a legal right to food. In contrast, in China the right to food is neither stipulated in Chinese law nor referenced to in the official policy rhetoric as the country seeks to ensure access to food by focusing on poverty alleviation more generally through an income transfer program and a non-food based, social safety net to help the poor. At the same time, the Chinese population＇s high educational level provides enormous potential for effective interventions and education on nutrition and health. A comparison of the approaches to tbod security in China and India ultimately reminds us that eflbrts to tackle lbod insecurity must center on human dignity, which requires more wide-ranging investment in enhancing people＇s capabilities, combined with effective entbrcement of the right to food.

A Contemporary Re-Examination of Confucian Li 禮 and Human Dignity

In modern Western liberal discourse, human dignity has been cast as an important component of basic human rights, while so-called human rights have been generally understood as certain inborn, inherent and inalienable properties of every human being. In this understanding, human dignity is just a natural endowment rather than a historically constructed social-cultural phenomenon. Based on this premise, liberalism is justified for the reason that under a social condition of complete freedom, individuals will spontaneously exercise their rights thus to secure their dignity. However, from a Confucian point of view, human dignity is socially defined and exists in concrete forms in social-cultural contexts. Dignity is not an abstract, universal, minimal standard that can be applied to all people at every time; it refers to individuals＇ decency and grace under various given social contexts, and it corresponds to particular roles, statuses and even ages and genders of individuals in their respective societies. The full realization of human dignity relies on certain social-cultural or institutional arrangements. Confucian li is precisely this kind of arrangement, which designs a whole set of regulations and norms in order to maintain human dignity in general, as well as to maintain different people＇s dignity in varying situations. Therefore, according to Confucianism, behaving appropriately according to the norms and regulations of li is just a way to preserve dignity.

An Analysis of the Legal Attributes of Human Dignity

Human dignity arises from the dignity and respect people enjoy as members of the human community. The law decrees that human dignity does not involve approbation of someone＇s external qualities; rather, it is the acknowledgement of equal status. Human dignity is not determined by positive law, but is above positive law, belonging to the category of preexistent norms that exist independent of positive law. Such norms form the basis for integrating legal systems. These permanent norms cannot be amended at will; they represent the general ethical principles of modern law. Human dignity is not a matter of rights or basic rights; rather, it represents one＇s position in society and equal legal status before the law. Many normative laws in China directly define humanity dignity, and affirm the guaranteeing of human dignity as the primary task of the state. Human dignity is related to people＇s survival and livelihood; thus a material foundation for the realization of dignity can be provided by providing material assistance and improving public services.

Toward a Confucian Notion of Human Dignity

This essay discusses the possibility of conceptualizing a Confucian notion of human dignity.Previous discussions on this topic have been either historical or reconstructive,the former discussing mainly how Confucianism considers dignity and the latter exploring the possibility of conceptualizing a Confucian human dignity as an alternative to Kant’s Menschenwiirde.This essay focuses on mainly the latter effort.Specifically,I critically evaluate professor Ni Peimin’s celebrated attempt at reconstructing Confucian dignity in the context of Kant^Menschenwiirde,arguing that Ni9s work offers us novel and original insights on human dignity but fails to be coherent in several senses.On the other hand,Kant^Menschenwiirde may well lack motivation in particular circumstances,and gives no credit to moral efforts.Building upon this criticism,I further Ni’s discussion of the“four hearts”and propose a revised version of Confucian dignity.

How Is the Kantian or Confucian Metaphysics Applicable to Human Dignity--Response to WangXiaowei

Using the opportunity of responding to Wang’s critiques,this short article clarifies a number of important points related to the topic of human dignity.It argues that,only in moving beyond his a priori reasoning by assuming humans to be rational agents can the Kantian theory of dignity be applied to actual humans;only in taking our moral potential as a recommended way of human self-identification can the is-ought dichotomy be resolved;only in respecting human dignity can punishment be justified;and only from its function in shaping our visions and attitudes can a teleological metaphysics be helpful.

Dignity:the Overlap of the Universal Declaration of Human Rights and Traditional Chinese Culture

Human dignity is the fundamental concept of the Universal Declaration of Human Rights and serves as the theoretical backbone for the international human rights system. Chinese culture has an excellent tradition of treasuring the dignity and value of people. The provisions on dignity in the Declaration can find their historical origins in traditional Chinese culture. The dignity of people has a supreme status and value in traditional Chinese culture. Chinese "etiquette" culture has a long tradition of respecting the dignity of people.Achieving benevolence through etiquette is the basic way to protect human dignity. Etiquette in ancient China was constrained by inequality and historical limitations, but it also had the elements of respecting or honoring others, and had the practical function of respecting, maintaining and achieving human dignity. The effective implementation of etiquette requires the fulfillment of people’s basic needs. Progressing from xiao kang(moderate prosperity) to da tong(great harmony) is the process of approaching the human rights standards of human dignity and equal rights that all nations and all peoples should strive to achieve.

A Theory of Dignity Beyond Liberalism——Jeremy Waldron's Philosophy of Dignity

Jeremy Waldron’s philosophy of dignity is not a moral philosophy,but a legal philosophy,as he argued that dignity is a concept created by law and it is not of moral value.His concept of dignity as status is based on historicism and positivism.He believes that the development from an unequal society in ancient times to an equal modem society is a progressive history in which the dignity of ordinary people is being constantly improved.In modem society,the dignity of man means that all men are at the same rank and everyone has a lofty status.To a certain extent,Waldron’s theory of dignity as status transcends the Western ideology of liberalism and individualism and provides a relatively neutral theoretical basis for the universal acceptance and wide application of international human rights.Meanwhile,it provides new ideas for understanding the internal connections between rights and responsibilities,dignity and the state,as well as the dignity of individuals and the dignity of groups.In addition to the universal concept of dignity as status,Waldron put forward the compound concept of particular dignity to contain the values of human dignity in modem society.However,he denied the logical priority of the concept of dignity as a value and promoted the concept of dignity as a status at the ontological level,which could have the limitation of misplacing value from the perspective of moral philosophy.

Viewing Chinese modernization and Its Requirements for Human Rights Protection from the Perspective of Human Development

Modernization,as a specific stage in the historical development of human society,possesses a multi-layered composite structure,with each layer playing both a promoting and inhibiting role in human development and dignity simultaneously.Chinese modernization is a strategic choice made based on lessons learned from various experiences of modernization processes in other countries,reflecting judgments on the benefits and choices on the values of human development and dignity in modernization.It values the promotion of the free and well-rounded development of all individuals as its standard,demanding the full realization of the positive effects of modernization on human development and the overcoming of its negative effects.Human rights,aiming to promote the free and well-rounded development of every person as the ultimate value goal,are not only an intrinsic structural element of the modernization stage but also a social normative tool that restrains the direction of modernization development,aligning closely with the values pursued by Chinese modernization.Chinese modernization poses dual requirements for human rights protection:on the one hand,it demands the affirmation and promotion of the positive effects of modernization on human development and dignity through human rights standards,and on the other hand,it requires the prevention and mitigation of the negative effects of modernization on human development and dignity through human rights standards.There exists a certain tension between these two dimensions,necessitating an appropriate balance and thereby presenting corresponding requirements for China’s approach to human rights protection.

Whose Dignity?How to Enjoy?——An Interpretation of a Concept Based on the Context of Ancient Roma

Dignity and Human Rights are recognized as two principles that coordinate with each other.However,it is an invention of modern people to set dignity as the basis of human rights from a genealogical point of view.In the classical context,dignity was represented as a political value,honoring excellence in public service.As a reward and return for political services,dignity holders were entitled to be recognized by the state and treated with appropriate courtesy and respect.There are two ways to get dignity,"bestowed in advance"and"awarded afterwards."The former was bestowed by a noble bloodline,while the latter was a reward for eminent military achievements or outstanding performance in normal state governance.In any case,dignity is defined in a differential pattern.It is quite different from the value of Equality for All in dignity,which is emphasized in modern society.In ancient Rome,as a tribute to moral excellence,dignity also required the taming and control ofphysical desire,so the value of dignity did not honor the natural rights of each human being,but rather the high rank and strong obligation of the excellent.

On the Construction and Application Scenarios of——Analysis of Environmental Personality Interests Based on Human Rights

Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the right to health.They are also related to human dignity and the personal freedom of civil subjects and conform to formal and essential standards of personality rights,which should be included in the scope of personality rights for protection.The construction and application of environmental personality rights faces bottlenecks such as the partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality rights.Environmental personality rights are supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the Green Principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection Law.

医疗脑机接口技术的法律规制

区别于其他大脑神经技术和传统治疗方法,通过脑机接口技术可以传输、解读和记录神经数据。神经数据经过解码不仅可以反映健康信息,还可以揭露思想隐私。另外,脑机接口技术可以通过刺激直接干预患者的情绪、思想、甚至行为。对于医疗脑机接口技术应该适度规制,需要兼顾生命身体健康权和人性尊严法益,神经数据合理利用和隐私保护。具体规.制路径包括:对医疗脑机接口技术研究进行严格的伦理审查,对脑机接口医疗器械进行特殊的审批监管,对知情同意的履行进行特别的程序保障,对神经数据进行专门的立法保护。

基因权的证成和体系

基因科技对人的主体性造成冲击,需要通过立法对于人的基因利益予以保障。基因具有人格性,同时也负载着经济利益。现有的权利体系无法全面涵盖基因上的利益关系,基因权成为一项新型权利。基因权的证成建立在基因具有道德意义的基础上,又因为其关涉人的物种尊严、人格尊严和身体尊严,并具有巨大的经济利益,而使得基因权表现为立体化多面向的权利束。基因权利体系包括基因隐私权、基因平等权、基因知情权和基因利益分享权。在我国现行权利框架下,适宜以单行法的方式完善基因权利制度。