西塞罗的普遍法则:生殖正义的永恒指南
Frank A Chervenak1,2, Susan L Pollet1,2, Renee McLeod-Sordjan1,2
1Northwell, New Hyde Park, NY, USA.
Journal of perinatal medicine
|November 30, 2024
概括
西塞罗的普遍法则,或"ius gentium",为生殖自由和人权提供了一个框架. 他的哲学挑战了限制性的国家法律,强调了自然理性和所有人的天生的自由.
科学领域:
- 法律哲学 法律哲学
- 生物伦理学生物伦理学
- 政治哲学 政治的哲学
背景情况:
- 探索了马库斯·图利乌斯·西塞罗的"ius gentium" (普世法) 的概念.
- 强调了"ius gentium"和"ius civile" (民法) 之间的区别.
- 生殖自由和人权是在普遍法律原则的框架内形成的.
研究的目的:
- 分析西塞罗的"ius gentium"作为生殖权利的基础.
- 检查当代限制性法律与普遍的伦理原则之间的冲突.
- 倡导将民事法律与身体自主性的普遍伦理保持一致.
主要方法:
- 对西塞罗的"Ius gentium"进行哲学分析.
- 整合伊曼努埃尔·康德的天生的自由概念.
- 这些哲学概念应用于现代的生殖权利问题,包括堕胎.
主要成果:
- 西塞罗的"Ius gentium"为捍卫生殖自由提供了一个坚实的框架.
- 美国的限制性州法律往往与公义和内在自由的普遍原则相矛盾.
- 迫切需要将民法与普遍的伦理相协调,以保护个人自主权.
结论:
- 西塞罗的普世法哲学对于推进人类尊严和自主性仍然很重要.
- 应通过与普遍道德相一致的政策促进平等获得生殖健康护理.
- 维护个人自由,反对国家任意干预是必不可少的.
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