以醫療社會學脈絡比較台灣與新加坡未出生胎兒的生命尊嚴 - 政大學術集成

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(1)國立政治大學國家發展研究所博士論文 National Chengchi University Graduate Institute of Development Studies Ph. D. Dissertation. 政治大以醫療社會學脈絡比較台灣與新加坡立未出生胎兒的生命尊嚴. ‧ 國. 學 ‧. A Comparative Study on Human Dignity of the. sit. y. Nat. Unborn Child between Taiwan and Singapore in. n. al. er. io. the Context of Medical Sociology. Ch. engchi. i n U. v. Supervisor: Ph.D Kao, Yuang Kuang Ph.D Candidate: Shiao, Hwei Ing. 12, May 2017.

(2) Abstract The human dignity of the unborn child remains uncertain in public policy domain. The importance of rethinking public reasonableness becomes unavoidable in the stage of late capitalism and liberal democracy. Political power, knowledge, and participation are three key elements of policymaking. The human dignity of the unborn child is neglected in the process of policymaking of population politics. There are advocators, United Nations, United States, eugenicists, neo-Malthusians and International Planned Parenthood Federation (IPPF) in the process of population policymaking at the international level during the past three decades. This research first attempts to focus on the inter relationship among these five advocators and to review how the unborn child becomes missing within the process of international population policymaking. Secondly, Taiwan and Singapore are two test cases to reveal the policy follower roles who adopt the similar dream of modern states. Thirdly, since the personal religious beliefs play a significant role not only in shaping attitudes, but also in economic development, political stability, sexual morality and gender equality. This research adopts qualitative approach the focus group interview to compare the attitude of human dignity of the unborn child between the faith-based people with non-faith people both in Taiwan and Singapore. In this research 24 focus groups will be organized across Taiwan and Singapore, each country contains 12 groups. Each country contains 6 faith-based focus groups and 6 non-faith focus groups. Attempt to find the difference and similarity of population policy between Taiwan and Singapore and to explore how the religious values and the concept of human dignity of the unborn child excluded in the process of demographic policymaking.. 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. Key Words: human dignity, unborn child, focus group interview, modern state, Eugenics. I.

(3) Contents Chapter 1：Introduction…1 1.1 The Perspectives of Medical Sociology…2 1.1.1 Religion and Medicine Combined in Ancient Times…3 1.1.2 From Hippocratic Corpus to Soranus’ Gynecology…4 1.1.3 From Medical Renaissance to Ultrasound Technology…5 1.2 Definition of the Unborn Child…6 1.3 Definition of the Human Dignity…7 1.4 The Scope of this Research…8 1.5The Main Arguments of Human Dignity of the Unborn Child…10 1.5.1What is the Beginning of the Human Life?...11 1.5.2Dose the Unborn Child Have the Human Rights to Live?...12 1.5.3Public Reason and the Restriction on Abortion…13 1.6 The Key Elements of Understanding the Arguments…16 1.6.1 The Institutionalization of Private and Public Domains…17 1.6.2 The Influence of Sexuality in Modern Society…17 1.7 The Value of Religion…18. 立. 政治大. ‧ 國. 學. n. Ch. engchi. sit er. io. al. y. Nat. 2.1 The Task of Modern States…22 2.2 The Decline of Religion?...26 2.3 The Qualitative Approach…28 2.4 The Key Concept of Medical Sociology…30 2.5 Focus Group Interview…32 2.6 Research Design…34 2.7 Context Analysis…36. ‧. Chapter 2：Literature Review and Research Design…21. i n U. v. Chapter 3：The Human Dignity of the Unborn Child…37 3.1 The Concept of Human Dignity…37 3.2 The Medical Tradition of Human Dignity…39 3.3 The Christian Tradition of Human Dignity…42 3.4 The Legal Tradition of Natural Law…45 3.5 The Perspectives from Utilitarian…51 3.6 Rational Choice…54 3.7 The Basic Problem…57 Chapter 4：From the Fear of Overpopulation to Birth Control Movement…60 4.1 From ‘Population Growth’ to ‘Birth Control’…63 4.2 The Development of Eugenics…66 4.3 The Legalization of Abortion in the Modern World…68 II.

(4) 4.4 United Nations and Family Planning Programs…72 4.5 The Role of United States…75 4.6 The International Planned Parenthood Federation…81 4.7 The Interplay of Demographic control, Birth control, and Abortion…83 Chapter 5：The Modern State and Family Planning Programs in Taiwan and Singapore…85 5.1 Taiwan…88 5.1.1. Modernization Stage…89 5.1.2 Family Planning Association Period (1960-1984)…90 5.1.3 1985 Onward (1985-2015)…91 5.2 Singapore…92 5.2.1 Family Planning Association Period (1949-1965)…93 5.2.2 Anti-natalist Period (1966-1987)…93 5.2.3 Pro-natalist Period (1987-present)…95 5.3 Similarity and Difference of Population Policies between Taiwan and Singapore…95 5.4 The Struggle at the Crack of Economic Reason…96. 立. 政治大. ‧ 國. 學. Chapter 6：The Results of Focus-Group Interview…100. ‧. 6.1 Data Collection…100 6.2 Main Results of Comparison between Taiwan and Singapore via Faith-Based Focus Group Interviews vs. Non-Faith Focus Group Interviews…103 6.2.1 Results of the First Assumption of the Focus Group Interviews in Singapore…105 6.2.2 Results of the First Assumption in Taiwan Groups…110 6.2.3 Result of the Second Assumption of Both Taiwan and Singapore Focus Group Interviews…116 6.2.4 Results of the Third Assumption of Focus Group Interviews in Taiwan…122 6.2.5 Results of the Third Assumption of Focus Group Interviews…129 6.3 Related Results of Focus Group Interview…141 6.3.1 Results of the question: if the unborn child is healthy and excluded any genetic disease…148 6.3.2 Results of Doctors both in Taiwan and Singapore…141 6.3.3 Results of Couples both in Taiwan and Singapore…143. n. er. io. sit. y. Nat. al. Ch. engchi. Chapter 7：Conclusion…146 7.1 The Elites Speaking…146 7.2 The Lay Knowledge…150 7.3 The Critique of Economic Growth…151 7.4 Moral Decision…153 7.5 Be Vigilant…155 Reference…159. III. i n U. v.

(5) List of Table Table 1: Research Design of Focus Group Interview of this Study…36 Table 2: List of Participants of Focus Group Interview…101 Table 3: Result of Focus Group Interview on Question (1) in Singapore…106 Table 4: Results of Focus Group Interview on Question (1) in Taiwan…110 Table 5: Results of Focus Group Interview on Question (2) in Singapore…116 Table 6: Results of Group interview on Question (2) in Taiwan…123 Table 7: Results of Focus Group Interview of Singapore and Taiwan -Question (3)…132 Table 8: Results of Focus Group interview of Singapore and Taiwan -Question (4)…142 Table 9: Results of Faith-based Focus Group interview of Singapore -Question (4)…144. 立. 政治大. ‧. ‧ 國. 學. Appendix 1: Confidentiality Agreement…181 Appendix 2: The Transcripts of Focus Group Interview…182 1. Faith-Based-Doctors in Singapore…182 2. Faith-Based-Couples in Singapore…184 3. Faith-Based-Single-Ault-Females in Singapore…189 4. Faith-Based-Single-Adult-Males in Singapore…191 5. Faith-Based-Teen-Girls in Singapore…198 6. Faith-Based-Teen-Boys in Singapore…201 7. Non-Faith-Doctors in Singapore…204 8. Non-Faith-Couples in Singapore…206 9. Non-Faith-Single-Adult-Females in Singapore…209 10. Non-Faith-Single-Adult-Males in Singapore…211 11. Non-Faith-Teen-Girls in Singapore…213 12. Non-Faith-Teen-Boys in Singapore…215 13. Faith-Based-Doctors in Taiwan…217 14. Faith-Based-Couples in Taiwan…219 15. Faith-Based-Single-Ault-Females in Taiwan…222 16. Faith-Based-Single-Adult-Males in Taiwan…224 17. Faith-Based-Teen-Girls in Taiwan…226 18. Faith-Based-Teen-Boys in Taiwan…228 19. Non-Faith-Doctors in Taiwan…230 20. Non-Faith-Couples in Taiwan…232 21. Non-Faith-Single-Adult-Females in Taiwan…235 22. Non-Faith-Single-Adult-Males in Taiwan…237 23. Non-Faith-Teen-Girls in Taiwan…240 24. Non-Faith-Teen-Boys in Taiwan…242. n. er. io. sit. y. Nat. al. Ch. engchi. IV. i n U. v.

(6) Chapter One: Introduction The inquiry of human dignity of the unborn child has been long controversial in public domains. Human dignity is not an idealistic concept abstracted from human action, yet it rather refers to human life of human beings. Moreover, human rights are derived from the inherent dignity of the human person (Howard & Donnelly, 1986:801). Human dignity is perhaps the best measurement of humanity (Malpas, & Lickiss, 2004:5). In this regards, human dignity could be both understood as fundamental moral norm as well as legal system guaranteed as a fundamental human rights which require the responsibility of the states to protect within the legal forces. Basically, the law can have a morally defensible basis and rest upon moral presupposition. The connection between law and morality demands the basic mutual recognition of the duty of law is considered to guarantee and to protect a minimum of morality with the aid of any institutional legal settings. Moreover, modern philosophy fundamentally emphasizes the human dignity with the conscious of its existence (Bayertz, 1996: 75). Moral forms of human behaviors, such as love, confidence and care, can hardly be fulfilled only by means of legal sanctions.. 立. 政治大. ‧. ‧ 國. 學. n. al. er. io. sit. y. Nat. Population problem and the public health are major concerns of modern states. The term population and hygiene are usually linked within the development of modern states. A French official report by Reginald Kann which was restored at Centre des Archives d’Outre-Mer’d Aix-en-Provence revealed the first perspectives of European on Taiwan in 1905. The content of item 3.8 was entitled as Population/Hygiene Publique provided the first hand of observation of Taiwan in the early twentieth century. (鄭順德譯，Kann 著，2001: 224) Basically, the fate of the developing country. Ch. engchi. i n U. v. were confronted with the tension between population pressure and economic growth after the Second World War. The founder father of Singapore Lee Kuan Yew had noted this dilemma and aimed the goal of population decline as ‘zero population growth’. He would like to accelerate economic growth and to achieve it within 20 years. He identified that the developing country have no other choice except to seek economic growth while the developed countries, United States of America, USSR, and the most western European countries are far reached the economic leading peak ahead. How to get rid of the poverty of the developing country and avoid of becoming the Marxist believer was his big challenge. Singapore government chose to avoid this destiny and took the population decline project to zero population growth. (Speech by Lee Kuan Yew, 1975：9) Taiwan chose the similar strategy to accelerate the economic 1.

(7) growth. Meanwhile the family planning program of the United Nations gave the ample space of the development of population control. Contraceptive practice and fertility decline played as the basic strategy of population control for the most developing countries from the 1960s (Caldwell, Khuda, & Pieris, 1999: 68) The investigation of the concept of human dignity of the unborn child not only relates to the legal tradition, demographic studies or public health it also relates to the altitude toward human life, contraception use and abortion. Research shows that religious factors significantly vary on the issue of human dignity. Personal religious beliefs not only have a significant role not only in shaping attitudes, but also in the economic development, political stability, sexual morality and gender equality. Modern scholar using the data of the fourth wave of the World Value Survey and hierarchical linear modeling techniques found that personal religious involvement playing an important role of shaping the altitude of public opinion about abortion, divorce and gender equality (Adamczyk, 2013: 213-214).. 立. 政治大. ‧. ‧ 國. 學. Before discussing the human dignity of the unborn child, the population and hygiene problem may need to explore first, but what we have to bear in mind carefully is that the human dignity of the unborn child highly relates to the human behaviors which may wave with each other. Moreover, the behavior of love, care, and confidence mingled complicatedly with preference and prejudice. And human emotions and behaviors both appear in public and private domains complicatedly. Those relate to motives and drives of human beings can hardly proceed by only simple moral good motives and drives, only some rare Christian saints could achieve such a moral peak. The preference or prejudice may occure during the process of policy makings. Human dignity of the unborn child requires the modern states to review her roles to protect the fundamental moral statue of the unborn child within the legal system, since to some extent the unborn child is the product or the result of human love and sexual actions which usually referred to the private spheres. Yet some human love and sex behaviors need to be restricted in the public spheres of modern states. For instance, the incest taboo is normally forbidden in judicial system of modern states. Meanwhile the concept of cultural relativity is obviously the necessity and widely accepted within the development of modern anthropology (Lassiter 著, 郭禎麟等譯,2010：24). n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. 1.1 The Perspectives of Medical Sociology From the perspectives of the medical sociology which concerns the relationship between the medicine professionals and patients, the tensions exist not only between 2.

(8) the unborn child and the mother, but also among the roles of the modern states and the bargaining as well as the related decisions of demographical policies. The human dignity of the unborn child is a policy issue. Rooted at the liberal ideas the advocators usually emphasize the women’s rights, autonomy and self-determination and dehumanize the human dignity of the unborn child. Some pro-abortion physicians claim that “The fetus is a parasite.” by professor Rosalind Pollack Petchesky in 1984 (Arner, 2010: 128). Some physicians argue that “Pregnancy when not wanted is a disease…, in fact, a venereal disease” by professor Joseph Fletcher in 1979 and “An aborted baby is just garbage…just refuse.” by Dr. Marttti Kekomaki in 1980 (Arner, 2010:129). Is the fetus a parasite? Is the pregnancy a kind of disease? Few natural scientists or medical professionals would answer it with accurate evidence. The population control as well as the population health challenge both the social scientist and natural. 政治大 scientists in modern era. Many demographers are the best-sellers of applying 立is influenced by modern biology and becomes one of the Darwinian ideas. Darwinian ‧. ‧ 國. 學. most dominant theory. Robert Dawkins suggests to analyze the cultural change of analogous usage of genes as a typical phenomenon. Furthermore, the demographers widely borrow the conceptual analogies from Darwinian’s evolutionary thinking had been a path dependent. Evolutionary biology concerned the length of reproductive period, gestation period, rate of development and parental care. They are seeking the evolutionary stable of strategy (ESS). The demographers utilize the modern biology and apply it in the population control and fertility control(Wilson, 1999:531-534). That is the background picture of the modern population development and it strongly influences the population policy of the developing country, including Taiwan and Singapore.. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. Since the issue of human dignity of the unborn child deeply connects to the definition of human life which was associated with the scope and development of medical sociology. It is highly over lapped with demographic research, social history of medicine as well as the state population policy. Medical sociology concerns the study of the social causes and consequences of health and illness. It investigates the social determinant of health and illness, the social behavior and health care providers, social function of organizations and institutions, the social patterns of utilization of health services, and the social policy toward health (Cockerham, 2016：1). Increasing the relevance to the investigation of textual development of medical sociology may reveal the social reality of the construction of the understandings of the unborn child in this research. Yet the social history of medicine is more than a blend of social history and medical history. The efforts of medical sociology essentially adopt an 3.

(9) operational approach from the difficulties of medicine development in the present days (Hutchinson, 1973：423).. 1.1.1 Religion and Medicine Combined in Ancient Times Religion and the medical healing power usually combined in early times. The medical symbol ‘serpent or snake’ mainly came from the Bible. God spoke to Moses to liberate Israel from the hand of Pharaoh and they complained against God while stayed in Edom and many died of bitted by serpent. God told Moses to make a bronze serpent and said “Everyone who has been bitted will look at it and recover.” (Numbers, 21:4-9). For those who do not believe in god when Chorus asked of Prometheus “What care did you discover for the sickness?”, he replied as “I sowed in them blind hope.” (Miles, 2004:19). 政治大. The priest performed the dancing rituals, recited incantations in India during the. 立. ‧ 國. 學. Vedic Epoch while the medicine was written according to the four Vedas (Koenig, McCollough & Larson 2001:26). The most important Chinese medicine document Huang-ti nei-chin (黃帝內經) was written around Han dynasty. To some extent,. ‧. Chinese medicine was developed based on political disruption, religious need, a belief of cyclical recurrence which named as Yellow Turbans caused by natural catastrophes and the need of controlling the mass epidemics from the rebellions (Prioreschi, 1999: 78-79). In the western world Prometheus, his name meant ‘forethought’, stole the fire from gods in Greek myth. In this way humans gained the ability to inventiveness as well as the ability of art and medicine.. n. er. io. sit. y. Nat. al. Ch. i n U. v. It would be wrong if we consider some religious factors as irrational in the process of healing in ancient times. The expectation of cure may provide the key element of the healing power. Belief in supernatural origins regarding to some diseases contained the rational demand of morality even in Western civilization. The concept of ‘sacred disease’ (epilepsy), ‘king’s evil’ (scrofula) and ‘leprosy’ distinctively represented the different category of diseases (Nunn, 2002:96). In ancient Egypt the four children of earth god: Geb and his sister-wife Nut, the sky goddess, Osiris, Isis, Seth, and Nephthys related to Greek mythology. From the medical papyri Clement of Alexandra provided us the medical knowledge of human body, disease, remedy, the instruments of doctor, and disease of women (Nunn, 2002:97, 24).. engchi. 1.1.2 From Hippocratic Corpus to Soranus’ Gynecology Now our understanding of the Western medical founder Hippocrates who lived around 500 century before Christ was introduced by the physician Galen of Ephesus. 4.

(10) Some scholars used the term Galen’s Hippocratism to emphasize Galen’s interpretation on Hippocrates. His life and medical thought were collected as Hippocratic Corpus (Smith, 2002:8). Another western oldest documents of gynecology traced to Greek physician Soranus. He was from the city of Asia Minors Ephesus and had practiced medicine in Alexandria during the time of Roman Empire, at the time of Trajan (98-117 AD) and Hadrian (117-138). He may belong to the early second century and die about the time when Galen (130-216 AD) was born (Soranus, translated by Temkin, Owsei, 1956: xxiv). Actually the ancient medical knowledge about the childbirth and infant care represented at this book. The embryo and fetus were often discussed. The modern edition of gynecology written by Soranus published by Johns Hopkins University was called Soranus’ Gynecology in 1956.. 1.1.3 From Medical Renaissance to Ultrasound Technology. 治政 The famous drawing ‘Fetus in the Womb” by Leonardo 大 da Vinci (1452-1519) was drawn around 1513 which 立 showed a beautifully characterized fetus (Loudon, 1997: 4). ‧. ‧ 國. 學. It was earlier than professor of anatomy Andreas Vesalius (1514-1564) published his famous textbook of anatomy De Humani Corporis Fabrica in 1543 (Porter, 1999:10). Our understandings of the unborn child are limited within the development of our medical knowledge. For instance, though the idea that the semen contained ‘fertilizing particles’ had been proposed in 1623 by Louis du Gardin (Gardinus), Nicolas Hartsoeker (1656-1725) had observed tadpole-like creatures in the semen of cockerel and a tiny hunched up man drawn inside of the head of a spermatozoon in 1678 (Birkhead, Hosken, Pitnick, 2009; 8-9). The accurate concept of fertilization and unborn child remained uncertain in the seventeenth century.. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. What we know about the embryonic and fetal development of the unborn child is quite few before the modern technology of ultrasound scanning. Though the technology of modern ultrasound scanning is developed from the sonar sound of navigation in the 19th century, it was late about the 1980s to be applied at the medical diagnosis of the appendicitis (Juylaert, Rutgers, Lalisang, Vries,Werf, Dorr, Blok; 1987: 666). The modern ultrasound scanning helps our knowledge of the unborn child growing more clearly inside the womb of woman. The technology of ultrasound scanning improves the observation of life of the unborn child much for real. More clinical researches have been published through the Journal of Clinical Ultrasound. The application of diagnostic value of sonography could also be much reviewed (Seckin, Cicek, Dikmen, Bostanc, Muftuoglu, 2016: 339). 5.

(11) More evidences suggest that the fetal pain is in some ways associated with electrical activities in the cerebral cortex. It connects the neural reaction between peripheral receptors and the spinal cord, upward transmission via the spinal cord to the thalamus and from there to the outer cerebral layers (Glover and Fisher, 1999). The medical evidence demonstrates that the unborn children are capable of experiencing pain certainly by 20 weeks after fertilization (Napier, 2008). Nebraska is the first state of the United States to pass the law Pain-Capable Unborn Child Protection Act on 13 April 2010 and inspires other states to attempt the similar measures. Before this law enacted, Supreme Court of the United States rejected the trimester framework and declared that there is no line other than viability which is more workable in its 1992 decision in Planned Parenthood v. Casey (Cohen, 2014). Now the evidence of fetal pain not only make at least ten States pass Pain-Capable Unborn Child Protection Act in the United States until 2013, but also provokes the United Kingdom to debate the possibility to change abortion laws or procedures to mitigate the fetal pain (Derbyshire, 2006).. 立. 政治大. ‧ 國. 學. 1.2 Definition of the Unborn Child. ‧. Modern medical embryology indicates that human embryo has thousands of genes on 46 chromosomes. Basically, without any intervention like creating chimera technology to mix any animal embryo with human embryo, it usually comes from the same homologous pairs to form the diploid with number of 46 chromosomes. Within the human 23 pairs of chromosomes, there are 22 pairs matching chromosomes, also called the autosomes, and one pair of sex chromosomes. According to the definition of zygote at the textbook on embryology affirms the fact that life begins at the embryo which is the early stage of the unborn child until 8 weeks. Dr. Keith L. Moore defines the zygote as “This cell results from the union of an oocyte and a sperm during fertilization. A zygote or embryo is the beginning of a new human being.” (Moore, 2008: 4).. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. If the gamete contains the sex pair of XX is generally female, and if the gamete is taking the sex pair of XY is generally male. One chromosome of each pairs is derived from the maternal gamete, the oocyte, and with one from the paternal gamete, the sperm. The union of the gametes at fertilization restores the diploid number of 46 chromosomes (Sadler, 2012 ： 11). Along with the introduction of modern embryology, the name of the single cell of human baby is divided into two periods: the first 8 week after conception is called the period of embryogenesis, sometimes also called as organogenesis, which the organs are developing, and the period from that point on until birth called fetal period (Sadler, 2012: xii). Western physicians 6.

(12) usually call the unborn child embryo before the early 8 weeks of pregnancy, and call it fetus after then. In this research called unborn child to indicate the life of human baby within the mother’s womb of those 9 months pregnancy. The concept of trimester framework of pregnancy came from the abortion case of Sternberg v Chart in United America. Normally, it indicated three development stages of the unborn child in mother’s womb: 1) the first trimester defined from fertilization to the 12 week; 2) the second trimester defined from the 13th week to 24th week; 3) the third trimester defined from 25th week to birth (陳文政譯, 2004：57) And the pregnancy of the unborn child could be outlined as several stages: 1) fertilization: led about 200 to 300 million spermatozoa into the genital tract and 300 to 500 to reach the oocyte, and only one to penetrate and to fertilize it；2) implantation: caused mitosis occurred and move toward the uterus around 7 days after fertilization; 3) embryo developed from two cell, four cell zygote to morula as well as a embryoblast or. 政治大 blastocyst until day 14; 4) the primitive streak and notochord formed and entered into the trilaminar period which立 the primitive heart and spine functioned; 5) from the third ‧. ‧ 國. 學. to eighth week called the embryonic period: a number of specific tissues and organs developed and the major features of the external body form recognizable by the end of this stage; 6) from the third month which meant from the ninth week to birth called fetal period: the maturation of tissues and organs characterized; the weight of fetus continuously increased until birth especially rapidly increased during the last 2 months of gestation. The length of pregnancy is considered to be 280 days or 40 weeks, after the onset of the last normal menstrual period or more accurately 266 days or 38 weeks after fertilization (周明加編譯, 2007：52-131).. n. er. io. sit. y. Nat. al. 1.3 Definition of HumanCDignity he. ngchi. i n U. v. The English term ‘dignity’ could find its root in the Latin word dingus, dignitas referred to honor, glory and respect. Human dignity gains its abundance mainly due to the social value. Since human dignity has severely violated during the Second World War, the discussion of human dignity needs to rest upon the long theological and philosophical history. The requirement of the research onhuman dignity demands going back to intellectual history, philosophical investigation, and some eminent philosophers, such as Thomas Aquinas and Immanuel Kant who do not directly dealing with it from the perspectives of the modern institutional value but they shaped the main concept of human dignity with moral and ethical basis (Barak, 2015:3-5). Human dignity is the ground of rights as well as the answer to some fundamental questions, such as “Why should I respect people’s autonomy?” even though for some people it could be regarded as useless concept (Malpas & Lickiss, 2004:10) 7.

(13) The early Roman orator, in the writings of Cicero (106-43 B.C.), had appeared the term of dignitas, it dealt with the statue of a person within the community. Cicero also indicated that the human dignity manifested the superiority of humans reason which the morality and duty were deprived (Barak, 2015: 17-18). In Jewish tradition the human dignity is derived from the image of God (Genesis 1:27) ‘God’s image’ is exchanged for ‘God’s dignity’(kavod). On this ground the Judaism indicates that human person is sacred both in body and spirit. It refers that human dignity contained the ‘dignity of created beings’ (kavod ha-beriyot) grounding the requirement to protect the basic dignity of humankind (Dorff & Ruttenberg, 2010:117). In Catholic theological tradition, the theologian Thomas Aquinas had indicated that God is rational. The concept of free will signified God’s dignity. Human nature has not been completely corrupted due to the original sin. Unlike Catholic theology, in Protestant theology, according to Luther, God is rational but Satan is rational too. Man’s characteristics, such as rationality, which are not the basis of similarity of God. The. 政治大 protestant theology emphasizes that human dignity is given by God via God’s act of 立 grace (Barak, 2015: 21-23).. ‧ 國. 學. 1.4 The Scope of this Research. ‧. At the pro-life stand, this research would like to investigate the human dignity of the unborn child with comparison of the Genetic Health Act of Taiwan and Termination of Pregnancy Act of Singapore. Adopted the qualitative method, focus group interview at these two countries, firstly focus on the comparison of asking the question regarding the concept of human dignity of the unborn child. Secondly, to investigate the need of the restriction on abortion. How the interplay of family planning program from the United Nations as well as the development of Eugenics both in United States of America and Europe played as the global dominating population policy dramatically push the developing countries toward their big dreams of economic development.. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. The evidences shown that the social considerations are the main reasons for women to demand abortion, such as interfering the job, partner not want to get married, having a child already and etc. (Lawrence, 2005: 113；劉仲冬，1998；張苙雲，2003；凃淑容，2013：1). In Taiwan some scholars articulate that the teen pregnancy is the center of abortion problem (王瑞霞，2000；林惠生，2002；武麗英，2006). According to the Genetic Health Act of Taiwan, even though the unborn child is healthy, it does not have any genetic diseases, nor its fourth degree of kin relatives, not conceived by rape, and this pregnancy would not harm the mother’s health, women could demand to abort it due to the family life and psychological reason. However, in Singapore 8.

(14) women who seek to abortion are required to receive the mandatory pre-abortion counselling as well as 48 hours of waiting period after the counselling. Most Singaporeans consider those institutional settings as rational reason and feel competent to be law abiding citizens. In this regards, we would like to ask the questions why these two states adopt different law conception on abortion, especially to restrict on abortion in Singapore. Why Singapore government takes restricted demographic policy and attempts to protect the human dignity of the unborn child? The main population of both countries are consisted of Chinese, why dose the difference occur? This research attempts to investigate the human dignity of the unborn child of Taiwan and Singapore within the context of medical sociology. Since the concept of human life shifts severely from the Scientific Revolution which also is identified as the beginning of separation between science and faith. Astronomy and medicine. 政治大 usually refer to the leading role of scientific progress during the seventeenth century. In this study that would be立 a better way to go back to the historical turning point of ‧. ‧ 國. 學. medical tradition and the Christian as well as Catholic challenge to investigate the linkage between medical education and Christian faith. The picture of how significantly the medical concepts were twinkled with Christian faith in the western civilization. Rarely people knew when Galieo Galilei (1564-1642) reported his remarkable observation on the stars now we could better say the planets Venus and Mercury he articulated that his ability were from the divine grace. Galieo’s praise to God and contributed his achievement to divine wisdom and grace not only when he was accused by some high priests but also identified himself as the way he truly lived his faith by combining with his talents. He modestly reported that it was about nine months ago when he heard of the instruments of spy-grass from Fleming and Paris caused him to apply the similar invention in his remarkable work The Starry Messenger (Galilei, 1610:1).. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. From the empirical level, I adopt the religious lens at this research and the focus group interview to investigate the human dignity of the unborn child. The data collections are designed both by the faith-based participants and non-faith participants from Taiwan and Singapore since the believers have the different notion from those who do not believe. For the Christians the sanctity of human dignity of the unborn child is directly linked with the creation of God. Life is created by the image of God and has the supreme value of holiness which cannot be brutally killed or violated. In the similar way, on the practical level, the behavior of the faithful would be different more or less from those who do not believe. That is the altitude of daily lifestyle. The richness of rite of the faithful may reunites the human dignity of the unborn child with 9.

(15) the specific cultural element in time, space and myth but it may quite null to those who do not believe. In Taiwan, abortion has been legalized since 1985 (國史館，2004：336). There are six conditions that women could demand abortion legally. According to the article 9 of Genetic Health Act in Taiwan, while 1) the mother or the father having the genetic, infectious and psychiatric disease; 2) the fourth degree of kin relative of the spouse having genetic disease; 3) the pregnancy causing the life threatening to mother; 4) the unborn child having the risk of teratogenesis; 5) the pregnancy as the result of being raped; 6) pregnancy or childbirth likely affecting mother’s mental health or family life, then women could demand for abortion. Estimated that 96 per cent of abortions are carried out due to affecting mother’s mental health or family life and to some extent the abortion is abused by this article, there is about 4% abortion carried out since the unborn child having the genetic diseases, its fourth degree of kin relative of the. 政治大 spouse, causing the life threatening to mother, having the risk of teratogenesis, and the 立 result of being raped (武麗英，2006：22).. ‧ 國. 學. ‧. Contrary to Taiwan, in Singapore the mandatory pre-abortion counseling and 48 hours waiting period are required while women seek to abortion according to the Termination of Pregnancy Act that revised in 2015 as below:. Nat. sit. y. Mandatory counselling. n. al. er. io. 5.3 Pre-abortion counselling2 must be provided for all pregnant women seeking treatment for termination of pregnancy in Singapore.. Ch. engchi. i n U. v. 5.4 Pre-abortion counselling for girls below 16 years of age (except for rape victims) It is mandatory to refer an unmarried girl below 16 years of age for pre-abortion counselling at the Health Promotion Board Counselling Centre when she seeks treatment to terminate pregnancy. A Certificate of Attendance (COA) will be issued to her by the Health Promotion Board Counselling Centre. No termination of pregnancy can be performed unless the COA is produced by the girl. The COA form shall be attached to the patient’s case notes by the abortion institution performing the abortion procedures for documentation and audit purposes. The steps for pre-abortion counselling are illustrated in Annex A. Time Lapse. 10.

(16) The pregnant woman is required to sign a declaration that she has been counselled and gives her written consent to the treatment in Form III set out in the Schedule to the Regulations. At least 48 hours must elapse after pre-abortion counselling before the pregnant woman can give her written consent to treatment (Guideline on Termination of Pregnancy Act Ministry of Health of Singapore: 2015). 1.5 The Main Arguments of Human Dignity of Unborn Child The nature of the debate often comes with the questions “Is the unborn child a human being? Or when does human life begin?” “Could the human dignity of the unborn child have fundamental moral statue? The answer varies due to different persons are asked. The Roman Catholic may answer it with “Yes, human life begins at the moment of conception, the unborn child should enjoy the fundamentally moral statue”, while some people who claimed themselves as radical liberal may answer it with “No, it fully depends on the decision of the mother’. And most people would say “I don’t know.” Or they may say that “I don’t like the kids.” Or “I don’t want to get married, I prefer to get co-habituated.”. 立. 政治大. ‧ 國. 學. ‧. We live in a post-modern world. Some universal and basic values are doomed as valueless, such as marriage, child, and chastity. The concept of cultural relativity, relativism and plural values seems dominating the most international policies, including the demographic politics. The main trend of sociologists articulate that all social history should be comparative. Human social science can hardly investigate only by one factor or one dimension. Social history is not merely a recorder or document of social actions or social agents. Furthermore, people are the product of the social history by the perspectives of Marxist. The nature of human social world is full of sensitivity to differences and it similarity covers across space and time which need to enter both the understanding of social structuring as well as its history. (Abrams, 1984: 379) Authentically, the weakness of such a venerable unborn child within the mother’s womb remains silent. The unborn child cannot speak. Who would speak for them? Who could speak of the fundamentally moral statue of the unborn child? Dose the mother always take the first priority of the human rights than that of the unborn child?. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. 1.5.1 What is the Beginning of the Human Life? There are several questions usually being asked and challenged the human dignity of the unborn child. One of the main arguments of the human dignity of the unborn child is when the human life begins. The second question is who decide or who takes 11.

(17) priority: mother or the unborn child. The first question could also ask like this “Is the unborn child at the mother’s womb a human being?” The second question could ask like this “which one is more important: the right to life of the unborn child or the right of autonomy of the woman who demands abortion?” If we consider the unborn child was the human being, then we would have more confidence to say that the unborn child has the basic right to live. But if we doubt the unborn child is a human being, we may easily question that the unborn child have the basic human right to live. The weighing between the mother and the unborn child is a critical issue at two ends of the scale. Both dilemmas wave between the modern states and the individuals. Those who seemed more support the unborn child called ‘pro-life’; and the other side who stands toward the reproductive right of the woman to demand the autonomy of abortion called ‘pro-choice’. Roman Catholic Church and the Fundamental Christian are the leaders of the pro-life campaign for the unborn child. And the founder of Planned Parenthood Margaret Sanger (1878-1966) opened up the birth control movement as well as the demographic policy of United States and initiating the United Nations Family Planning Programs. Some Scientists tend to confirm that the embryos are just living organisms undergoing rapid growing but doubt that they are function any sense of persons (Maienschein, 2014). Along with this argument, those scientists promote the genetic chimerism (Maienschein, 2014). 立. 政治大. ‧. ‧ 國. 學. io. sit. y. Nat. n. al. er. From the perspective of Roman Catholic Church, the answer for the human dignity of the unborn child is definitely “Yes.” and affirms that human life begins at the moment of contraception. The pontifical document officially indicates that ‘The human being is to be respected and treated as a person from the moment of conception; and therefore from that same moment his rights as a person must be recognized, among which in the first place is the inviolable right of every innocent human being to life’ (Donum Vitae, 1987: Sec1-1). In the psalm of the Old Testament remained the Hebrew’s basic concept of the human life which begins at the mother’s womb throughout at least two thousands of years. “You formed my inmost being; you knit me in my mother’s womb…My very self you know. My bones are not hidden from you, when I was being made in secret, fashioned in the depths of the earth. Your eyes saw me unformed; in your book all are written down; my days were shaped, before one came to be.” (Psalm 139: 13-16). Ch. engchi. i n U. v. Furthermore, the Hebrew respects the human life as the sacred image of God which is made by God. In the Genesis of Old Testament bears the word as God said “Let us 12.

(18) make human beings in our image, after our likeness…God created mankind in his image; in the image of God he created them; male and female.” (Genesis 1:26-27) The Hippocratic Oath is the paradigm of profession of the doctor as a morally self-regulating discipline. The wording of The Hippocratic Oath is addressed by the medical sociologist Roy Porter as “I swear by Apollo the healer, by Aesculapius, by Health and all the powers of healing, and the call to witness all the gods and goddesses that I may keep this Oath and Promise to the best of my ability and judgment…I will not give a fatal draught to anyone if I am asked, nor will I suggest any such thing. Neither will I give a woman means to procure an abortion.” (Porter, 1999：62-63).. 1.5.2 Dose the Unborn Child Have the Human Dignity of Right to Live?. 治政 On the basic ground of the first question: if the unborn 大 child is the human being, 立 the second question is correspondingly raised. Roman Catholic Church would notify ‧. ‧ 國. 學. that the unborn child have the basic human dignity of rights to live. From the biblical text the unborn child gains the sanctity and may enjoy all the human rights of the human beings. The basic command rule of Ten Commandments had written “You should not kill.” (Exodus 20:13) In a wider interpretation, the principle of ‘not to hurt’ is part of the rule of ‘not to kill’ as the biblical text reveals. ‘When men have a fight and hurt a pregnant woman, so that she suffers a miscarriage, but no further injury, the guilty one shall be fined as much as the woman’s husband demands of him, and he shall pay in the presence of the judges.’ (Exodus 21:22).The Christian Ten Commandments has been identified as one of the oldest legal systems. If we trace another old legal document The Code of Hammurabi, we would find the similar protection on the basic human dignity regarding the basic right to live of the unborn child. The content of No. 209 of The Code of Hammurabi indicated that “If a man strikes a free-born woman so that she lose her unborn child, he shall pay ten shekels for her loss.” provided by the Lilian Golden Law Library of Yale Law School on the web.. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. The legal systems represent the basic authority of the governors or state. Even in the Roman Empire the law has been identified as the basic requirement of the Empire. The relationship between religion and state has been struggled long in such a painful process in the Western World. To some extent, it is also the issue of secularization that has endeavored many arguments among the humanists and philosophers in the Western Christian civilization. As we know the most frequent reason of abortion was to conceal the illicit sexual activities. Wealthy women or legitimate fathers do not 13.

(19) want to share their wealth with lower-class children. .In ancient time the rich women would seek abortions since they do not enjoy their figures with the trouble pregnancy of bouncing babies. (Gorman, 1982：15). 1.5.3 Public Reason and Restriction on Abortion The human dignity of unborn child is directly threatened by some radical feminists who advocate the reproductive rights of women. Women have the right to demand abortion while the pregnancy is confronted with some medical problems. Both Catholic and Christian teachings agree to abort the unborn child while the pregnancy would cause harm to mother. It could be interpreted as the medical reason. But the abortion has been to be abused due to many social and psychological reasons in the modern world. The trend of legalization of abortion is the main campaign during the second wave of feminism in the 1960s. Evidence indicated that Russia had legalized abortion earlier than Iceland which had been reported as the first country to legalize abortion. The journal of TIME reported that Dictator Joseph Stalin celebrated the tenth anniversary of legalization of abortion in Russia on February 17, 1936 (Rothman, 2015).. 立. 政治大. ‧ 國. 學. ‧. To some extent, the decision of being pregnant or given birth is not a simple social behavior instead it is defined as one of major pressure of human activities. In the 1950s, Dr. Thomas Holmes noticed that most of his patients experienced some major stressful life events before they were severely-ill. With the collaboration of Richard Rahe they developed a questionnaire called Social Readjustment Rating Scale (SRSS) in 1967 for identifying stressful life events (Holmes &. Rahe; 1967: 213). According to SRSS, pregnancy is one of the major stressful life events (Cosgrove, 2001). The linkage between stress and the onset of disease need more concern. Decision of continuing pregnancy or aborting the unborn child is both crucial to the mother. It challenges not only the couples as well as the states to be ready to make a balanced decision between mother and child since the unborn child cannot speak for itself. The states are bounded in this regards. The human dignity of the unborn child and the autonomy of reproductive right of the woman seemed at the opposite site of the state demographic policy.. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. The gate of abortion was widely opened by the founder of Planned Parenthood of America Margaret Sanger (1879-1966) with her medical background of nurse. She run a birth control clinic in Brooklyn New York in 1916 and promoted the birth control movement in the early twentieth century. She also established the American Birth Control League and published the journal of Birth Control Review. In the 14.

(20) mid-1930s Sanger and other advocators advanced the term of family planning to promote reproductive health and pregnancy prevention. Finally the organization of Planned Parenthood of America extended into International Planned Parenthood Federation (IPPF) cooperated with the United Nations and made the family planning programs as a demographic policy after the Second World War. Another trend of demographic policy was influenced by Darwinian which was extended as the eugenic. It was advocated by the cousin of Charles Darwin, Francis Galton. He emphasized the importance of race and promoted the term eugenics meant ‘truly’ or ‘purely’ born to order improve the human genetic species in 1883. The eugenics in Great Britain, United States and German were almost developed simultaneously and became a worldwide movement during 1900-1940 (Allen 1997). The population control and birth control had been brought into the international scenario at The Fifth International Neo-Malthusian and Birth Control Conference held. 政治大 in London in 1922. The president of Eugenic Society held the conference cooperated 立to urge the exercise of birth control as the scientific and with American Birth League. ‧ 國. 學. medical doctrine. (The Fifth International Neo-Malthusian Report, 1922).. ‧. Along with the liberty and equality, public reason is one of the core element of liberalism. Public reason is the about the process of public justification, including the reason-giving, reason-demanding, and the insistence how the political powers are backed by reasons (Macedo, 2000:11-12). The modern philosopher of Harvard University Michael Sandel notices a close analogy between the abortion debate today and the antebellum debate over the slavery (Sandel, 19941791). The concept of public reason or public reasonableness was required to go back to a moral principle, which may be parallel to the liberal principle beside of the distributive principle as John Rawls’s masterwork A Theory of Justice. Furthermore, it may need to go further to learn the tolerance, a sort of natural law, the “strength of reason”, which was John Locke provided in his Letter Concerning Tolerance and the Second Treaties. (Macedo, 2000:14-19).. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. Public reason may serve as the index or symptom of reviewing the abortion problem. The medical history may help to clarify the development and limit of medical knowledge about illness and health. The empirical tradition of medicine would categorize a particular disease connected with a biological sense in the past. And the common symptoms such as fever and cough could only be observed and recorded but the diagnosis and the level of sickness were frequently unreliable in the middle age but now the modern development of medicine would emphasize on the importance of medical prevention. To set the restrictions on abortion may help both 15.

(21) the women and the institutional settings to consider abortion more carefully. Pre-abortion counseling and waiting period may serve as the public reason at the level of individual and the states. The government need to provide the economic assistance to those who has the stress of bearing the child due to the economic reason. The medical professions may provide the medical knowledge about the embryo and fetus, and the abortion could be restricted and limited while the obstetricians and gynecologists have been normally educated the concept and operation of abortion in medical school (Pritchard & Macdonald, 1976: 483-515). We hope the abortion could not occur daily like the outbreak of plague or epidemics daily caused millions of death around the sixteenth century in Europe (Waddington, 2011：16-20). The responses to plague was a process of medical development. Evidences provided in Europe characterized the efforts to limit the spread and impact of epidemics which outlined the development of early modern public health. The Italian. 政治大 city-states were the first to introduce measures to limit contact between the sick and 立of health were gradually established in most major cities. the health. Permanent boards ‧. ‧ 國. 學. For instance, in Florence, crated one to provide a systematic attempt to monitor and preserve public health. The ‘medical police’ was introduced in some Europe countries which was explained the growing role of the state to responding the healthy need of population in the eighteenth century. The work of Australia physician Johann Peter Frank System einer Vollstandigen Medicinschen Polizey (A Complete System of Medical Police) was fires published in 1779 which outlined the measures of regulating behaviors that might lead to disease and propose hygiene controls as well as the environmental cleaning measures (Waddington, 2011：230-234). The historian. n. er. io. sit. y. Nat. al. i n U. v. work of Pamela Gilbert Cholera and Nation (2008) illustrated how England shown the state power of medical authority and sanitary reform. The research examined that the interest groups were connected with the spread of cholera the state promoted the sanitary reform and led the Reform Bill enacted in 1832 (Gilbert, 2008：17). And the. Ch. engchi. lawyer Edwin Chadwick was identified as the starting point of England public health movement. His resulting Report on the Sanitary Condition of the Laboring Population (1842) articulating the association poverty and the disease. His efforts and ethos were embodied in the 1848 Public Health Act (Waddington, 2011：238).. 1.6 The Key Elements of Understanding the Arguments The main challenge of questioning the human dignity of the unborn child is from the critics of radical feminism. Most feminists cast doubt and strongly go against on judicial restriction on abortion, including the pre-abortion counseling as well as the waiting period. Margaret Sanger (1879-1966) with the medical background of nurse is 16.

(22) the founder of Planned Parenthood of American and advocate of birth control movement. She not only polarized the dilemma of the bearing the child and the personal choice of being a mother conflict for the radical feminists but advocated the women’s reproductive right. And finally the Planned Parenthood of American played as an International Planned Parenthood federation which promoted the family planning program in the United Nations. The feminist is not only a gender problem though it is related and long dominates the issue of class conflict from Marx to feminist who share the same concern with humanity. Marxism contributes to the understanding of social political practice and the conceptions of human deliberation in Western history. Feminists developed itself as an abundant resource pool to build their related theories. The feminism not only borrowed the tradition of critical theory which rooted in German idealism and Marxism, but also from the examination of modern economy, the problems arrived from the free market (Gottlieb, 1989). And all need to return to the basic philosophical investigation of individualistic practice.. 立. 政治大. ‧. ‧ 國. 學. The critical theory gave the insight to feminists. From Hannah Arendt (1906-1975) to Catharine MacKinnon (1946-) criticize the male authority, including the economic structure and totalitarian they built. And also to Juliet Mitchell(1940-), Barbara Ehrenreich (1941-) establish the socialist-feminist theory concerned the nature of power, especially the inequality, represented as class structure, sex, marriage, work, and law. The current feminist Catharine MacKinnon authentically and systematically criticizes that statue of women is constructed by the male domination and claims such a discrimination is everywhere. She devotes to seek the jurisdiction equality for women (MacKinnon, 2005).. er. io. sit. y. Nat. al. n. v i n The radical feminists remindCofhwomen to become e n g c h i U more aware about how they. learn even the psychology and physiology from their oppressors. And they led the movement to liberate all women. They believed that ‘Without a political movement it is barley possible for women to describe even how they experience their own sexuality’. They call ‘the oppressed’ by man inside family and public political life as ‘cultural colonization’ which needed to break it. ‘The first stage in this discovery is the recognition by the oppressed of a general situation of dominance’. Women work like a ‘domestic worker’ but without ‘wages for housework’ (Ehrenreich, 1984). In the paper of 1926, Karen Horney quoted ‘the Flight from Womanhood’ to resist the male hegemony (Rowbotham, 1973). The feminist called the reproduction as a ‘sad mimicry of production’ in the society. It was ‘an alienation of labor in the making of social product’, and even ‘in the condition of the worst exploitation’. They called the child as the ‘biological 17.

(23) product’. ‘Parenthood become a kind of substitute for work, an activity in which child is seen as an object created by the mother.’ In the same way the child is a commodity by a worker and a possession of the parent. Women’s role in reproduction has become the spiritual ‘complement’ of man’s role in capitalist society. They encouraged women to escape such universalized notion of maternity according to the categories of Marxist historical analysis. (Mitchell, 1971). 1.6.1 The Institutionalization of Private and Public Domains The term of the socialization refers to the process of ‘institutionalization’. Berger and Luckmann attempt to denote the social norm or the social order by interpreting both the influence of anthropological understanding and the psychological assumption. Therefore, they used the word of ethnological evidence as the sexual drive. Berger and Luckmann indicated that rather than a biological human nature, human sexuality sometimes is the product of human’s own social-cultural formation and rigidly structured by different cultural patterns. For Berger and Luckmann, the immense variety and the luxurious inventiveness of human sexuality is the social product of the externalization of human activity contained the character of sui generis against both their organism as well as their environment. It is an anthropological necessity. To some extents, human kinds’ humanity and their sociality are mutually affected. Berger and Luckmann claimed that “Homo sapiens are always and in the same measure, homo socius.” (Berger, Luckmann, 1966:51) With those concepts then we could enter the perspectives of medical sociology, the concept of human dignity of the unborn child is under the social construction of reality. Our understanding of human dignity as well as the concept of unborn child all should be evidenced not only engaged in the philosophical process but also need to investigate the analysis of the process of social construction, which also relates to the legitimate problems of relativism, historicism and so-called sociology of knowledge (Berger, Luckmann, 1966:16).. 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. 1.6.2 The Influence of Sexuality in Modern Society To some extent the sexuality seems became the obvious factor of modern society while we concern the social norm, social order, social control, socialization and institutionalization. The sociologists Berger and Luckmann depicted that the sexuality has influenced the modern society before we discuss the development of medical sociology. Aside of eating, drinking and sleeping, sexuality obviously the most biological character of human beings which Berger and Luckmann noticed as determined interference “The plasticity of the human organism and its susceptibility to socially determined interference is the best illustrated by the ethnological evidence 18.

(24) concerning sexuality.” (Berger, Luckmann, 1966:49) The main research on this this subject would contribute to Sigmund Freud (1856-1939) and his work Three Essays on the Theory of Sexuality (1905) made the well-known argument that human sexuality was traceable to infancy and childhood (Freud, 1975：97). Berger and Luckmann articulated that unlike the other higher mammals, human beings have no species-specific environment which is borrowed from the anthropological ides as well as the biological notions. It refers to indicate that human beings do not have a more fixed world like horses or whales. Yet the whales are restricted to the ocean and horses are bounded to the grassed geographic environment. The living world of the human beings is much related to an environment which is characterized by a sense of world-openness. The sociologists Peter Berger and Thomas Luckmann described the achievement of human kinds “Not only has man succeeded in establishing himself over the greater parts of the earth’s surface, his. 政治大 relationship to the surrounding environment is everywhere very imperfectly structured 立 (Berger, Luckmann, 1966:47) They emphasized by his own biological constitution.” ‧. ‧ 國. 學. that there is no human nature in the sense of biologically fixed substratum determining the variability of social-cultural formation. Furthermore, the human beings have ‘drives’ which are sometimes unspecialized and undirected. Human beings need to construct his or her nature as well as his own products.. y. Nat. sit. n. al. er. io. Basically, the concept of social construction is the main stream of modern sociology and carefully articulated by the sociologists of Peter Berger and Thomas Luckmann in the 1960s. In their brilliant work The Social Construction of Reality: A Treatise in the Sociology of Knowledge revealed the human beings are strongly influenced by the sexuality. And the Sigmund Freud is another modern psychologist to emphasize the importance of sexuality in this modern world. The human dignity of the unborn child is drowning since the human nature and human behaviors of most human beings are also drowning in the over-sexual dominated modern world.. Ch. engchi. i n U. v. 1.7 The Social Value of Religion Though the German biologist Ernst Haeckel (1834-1919) who promoted and popularized Charles Darwin’s works in German is another divergent picture since his embryonic drawing as well as the recapitulation theory led to a controversy (Raven, Johnson, 2002). However, the modern society could be understood as an atheistically skeptical society. The concept of evolution of Charles Darwin played as a dominating theory among many different fields of social science as well as political life. Influenced by David Hume, Charles Darwin tended to regard human nature as the 19.

(25) mental power of animal rather than the Divine Instruction. The main strand thinking of Darwin became more atheistically skeptical during 1838-1839. The argument of the existence of God also tended to natural of theology as the concept of Hume had revealed in Dialogues Concerning Natural Religion as well as in the Natural History of Religion (Keynes, 2005:57-58) The revival of the religious study makes the faith-based social behaviors more assessable. Contrary to the previous studies to fault the religious sociologist Durkheim as reductionist and to criticize him confused the religious and social values, the modern study of religious sociology provide us a different viewpoint. Pickering’s comprehensive work Durkheim’s Sociology of Religion (1984) highly praised Durkheim had transited the religion as a new turning point. The neo-Durkheimians, such as Mary Douglas, Victor Turner, Peter Berger, Clifford Geertz, Robert Bellah, and Claude Levi-Strauss have been influenced. The Elementary Forms of Religious. 政治大 Life transited the classroom from the dated nineteenth-century-style speculation into a 立 gold mine (Paden, 2009: 31-32).. ‧ 國. 學. ‧. The sanctity of the unborn child is the basic affirmation and opinion of the pro-lifer. Both the term of sanctity and the concept of sanctity are central to religion or spirituality of people worldwide. Sociology of religion has been rarely understood to those who do not have any ideas or forms of religion, even the previous generation of religion scholar, such as the Joachim Wach criticized Durkheim of confusing religious and social values. Actually, Durkheim had inferred the theory of religion rested on the science and articulated that man and society linked to the universe (Durkheim, 1995: 432). The authentic contribution on the research of sanctity of religion is from Otto and Mircea Eliade (1907-1986). The brilliant work of Eliade is The Sacred and the Profane: The Nature of Religion (1959) which indicated that the symbolic connection between the religious object and the ritual transformation. With the influence of anthropology, the notion of religious festival contains the richness of reuniting with the specific cultural element in time, space, myth, and rite which may convey quite different meaning from those who do not believe. To some extent the mythic realms give a more integrated quality of the cosmos, such as harmony which is called hierophany in term of religion to the aspect of the human world (Eliade, 1963: 459). n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. Max Weber opened up a new perspective research on the connection between capitalistic activities and the religions. He undertook his long study on the economic ethics of Hinduism and Buddhism opened another different interpretation of the South Asian religions. What he has in his mind is to investigate the religious and cultural resources which give rise to a capital spirit in non-European civilizational tradition as 20.

(26) he had found with forms of Protestant ethics in Europe and North America at his book The Protestant Ethics and Spirit of Capitalism. His famous book The Religion of India: The sociology of Hinduism and Buddhism originally published in German in 1916-17. According to Weber’s research, there are four key aspects of religious values of Protestantism. They are active, rational, this-worldly, and ascetic (Gellner, 2009:51). Some scholars notice that Weber’s study may inspire other researches which are relevant to the ‘development’ and ‘modernization’ to investigate if the Confucianism as the key to the success of Taiwan, South Korea, and Japan. Those scholars attempt to theorize about the development and to explain why some countries developed faster than others.. 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. al. Ch. engchi. 21. i n U. v.

(27) Chapter Two：Literature Review and Research Design Every policy has a history. Furthermore, population policies typically refer to the state interventions into the most private aspects of citizen’s life. This research attempts to probe the policy problems of human dignity of the unborn child within the population politics. This study would demonstrate the missing part of the unborn child and outline the policy problem structuring, then to identify how the population policies fail to consider the human dignity of the unborn child not only at the level of international political domains but also in Taiwan and Singapore. All the efforts of this study may only provide the understanding of problem’s structures, not directly. 立. 政治大. ‧ 國. 學. help the problem solving. May the problem is well formulated at this study and to benefit the problem of solving in the future.. ‧. The nature of policy problems are often some unrealized needs, values or opportunities for improvement which may not be pursued through policy actions (Dunn, 2012). The complexities of the policy problem may exist among numbers and varieties of elements, factors and interactions in the process of decision making (Dryzek, 1983, 1987). The investigation of the human dignity of the unborn child may not only need to endeavor the efforts of clinical settings, the awareness of the gynecologists or pediatrician but also the concept of pregnant mother and woman. We have to admit that the medical knowledge is still rare to most ordinary people like us and we are not familiar with the relationship between medical sociology and medicine which is not always harmonious. According to Gerhardt’s research, the medical sociology mainly developed after the World War II and dominated by four traditions: Structural Functionalism, Interactionism, Phenomenology, and Conflict Theory. Each of these has generated its own conceptions of illness and treatment (Gerhardt, 1989).. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. As to the literature review, some important documents, such as the research of Experiment of Family Planning (1978) by Roberto Cuca, the book of calling for the population studies was Power and Choice (1973) written by Bachrach, Peter and Bergman, Elihu and the related works of discussing the population policy, for example, Population Dynamics and International Violence (1974) by Nazli Choucri; Population and Politics (eds) by Richard L. Clinton had been reviewed in Journal of American Society of Public Administration. And there are only two document on 22.

(28) the report of the fifth International Neo-Malthusian and Birth Control Conference(1922) and International Birth Control Conference (5th 1922 London, England) could be read online. This study attempts to provide the comparison with identifying the importance of religious perspectives on policy making while to probe the policy problems of human dignity of the unborn child. The Catholic as well as the Christian faith is inter-used in this study. The social value of the religious is doomed and sometimes is also considered hostile in the modern world. Meanwhile, the study of the body and gender are the main trend of recent sociology and medical sociology. The most criticism comes from the sociologist and philosopher Michel Foucault (1926-1984). His work on The Order of Things (1970) and The Birth of the Clinic (1973), and Discipline and Punish (1977) provoke the alarming rise of the body of illness as well as the harsh interpretation of the social control and religion. From the perspective of symbolic. 治政 interactionist Erving Goffman, he emphasized that the大 individual would define their 立 the social situation and formed the concept of stigma. subjective mental illness within ‧. ‧ 國. 學. According to his analysis, there are three stages of stigmatization process: the person’s initial or primary deviation from a normative framework; the negative societal reaction; and the person’s secondary reaction to the negative reaction that becomes the person’s “master-statues”. To some extent, the general hostility or ignorance of the religion could be considered as the stigma of modern world. The meshes bodies of aborted unborn child like the stigma ironed as the sign on the slaves of the modern world (Goffman, 1963, 2009：1). And the pro-life movement for. er. io. sit. y. Nat. protection of the sanctity of unborn child manifests the lay knowledge verse the elite’s knowledge of some radical feminists who acted like the spoiled identity of women but actually they cannot represent all the women and voices. The ‘silent majorities’ includes the aborted unborn children who need someone to speak for them and hopefully the outcries could be heard of.. n. al. Ch. engchi. i n U. v. 2.1. The Task of Modern States Population policy is the main task of a modern nation-state, which is actually consisted of at least two different dimensions: population growth on one hand; and population health on the other hand. The former is associated with the concept of human labor of the state, also known as the national wealth; the latter concerns the infection of the disease, and known as a series of sanitary reform or political medicine in the nineteenth century (McKeown, 1976; Porter, 1994). The historians help us to indicate that the modern epidemiologists note the presence of smallpox among peoples of earlier civilization and the recent studies tend to accept that the first 23.

(29) clinically documented case of smallpox did not occurred in England until the reign of Elizabeth (Anselment, 1989). Furthermore, European societies were experienced a complex of transformation in term of industrialization, urbanization and modernization since the nineteenth century. A combination of political, societal and economy forces may properly account for the divergent faces of interaction between population policy and the public health. Thomas Robert Malthus (1766-1834) was the preeminent classic economist of population he strongly concerned the danger of population growth problem in his time. Malthus professed his worry of the increase of population usually fast tan the increase of food on earth at his influential work An Essay on the Principle of Population in 1798 to indicate that “the power of population is greater than the power on the earth to produce subsistence for man”. He articulated that population increases in ‘geometrical ratio’ and subsistence the food increases only in an ‘arithmetical ratio’. 政治大 (Malthus, 1798). Prior to Thomas Robert Malthus (1766-1834), Italian economist 立 was the first philosopher clearly to bring out the Giovanni Betero (1544-1617) ‧. ‧ 國. 學. relation between population and the means of subsistence (Smith, 2006). Botero believed that the state’s power was a function of the number of population, income and tax revenue (Faucci, 2014). Sir Walter Raleigh had argued that population had grown beyond the possibility of subsistence and indicated that war is the logical outcome of population pressure revealed at his book Historie of the World in 1652 (Smith, 2006). The task of the modern nation-states highly concerned the problem of population growth.. n. er. io. sit. y. Nat. al. i n U. v. The most interesting of this study finds that the demographists, eugenic professionals, United Nations and United States and the international non-governments organizations served as the global agents to advocate the population control policies and programs who worked with highly linked and interacted with one another. The eugenics such as Lucien March, director of the National Bureau of Statistics of French, the founding member of French Eugenics Society, had shown that he was deeply associated with the development of population policy (Quine, 1996:52).. Ch. engchi. With the efforts of classical works on medical education form the sociologists, such as Howard S. Becker and his colleagues (1961), Robert Merton (1957), Samuel W. Bloom (1963) and Renee C. Fox (1988), make the outlines of medical education become clear. The medical students would be led to intervene in the problem of patients (Henderson, 1997: 205-206). The physicians were trained to achieve the cognitive and medical demands. The medical sociologist Elisabeth Armstrong has 24.