摘要
一个人的身体归属于谁?在中国传统礼法文化的规制下,超越物质性更具精神性的身体在绝大程度上并非归属于自己,而主要归属于家长、家族和国家。身体的归属具有流转性和多重性,归属权的行使要受到礼法的约束,归属状况使得身体成为一种伦理和政治符号。传统的身体归属在近代由于西方法文化的冲击发生了个人归属的法律转向;在重视个人人权、自由的潮流中,虽有家族归属和国家归属的运作,但身体的个人归属及法律保障则应是最主要的迈进方向。
To whom does a person＇ s body belong？ Under the regulation of the traditional Chinese culture of rites, a more spirit-oriented but not material-oriented body, to a greater extent, did not belong to oneself, instead, it belonged to the parents, the clan and the state. As the ownership of the body could be transferred and had multiple attributions, and the exercise of the ownership was subject to restraints of the rites, the ownership condition made the body become a moral and political symbol. With the impact of the western legal culture in modern times, the traditional ownership of the body changed direction towards individual ownership. In the trend of emphasizing individual human rights and liberty, the individual ownership of the body and legal protection should be the main trend of development, though the practice that one＇ s body belongs to the clan and the state still remains in our life.
出处
《环球法律评论》
CSSCI
北大核心
2009年第6期25-33,共9页
Global Law Review
