이 글은 중국공산당의 주도 아래 기획되고 있는 ‘유교중국’의 재구축과정에서 지식인의 역할에 주목한다. 특히 유교의 현재적 재구성에서 국가의 입장과 달리 정치적인 것을 넘어설 가능성에 관심이 있다. 현재 유교의 ‘통치이념화’의 진행 속도는 교과과정 안에 유교경전이 재진입하는 제도 변화의 단계에까지 와 있다. 1905년 과거제가 폐지되면서 중국에서 유교는 떠도는 유혼(遊魂)이 되었다. 중국의 근현대 100년은 자기부정의 역사였다. 중국공산당은 유교를 부정하면서 계급정당으로 출발한 당이다. 하지만 2000년대에 진입하면서 중국공산당은 어느 특정 계급의 정당이 아닌 ‘국민의 정당’으로 성격변화를 시도하기 시작했다. 혁명당이 아닌 집권당의 정체성을 강화해온 중국공산당으로서는 언제까지나 반전통을 고수할 (...) 수 없다. 이제 공산당은 자기 문명과의 관계를 재설정해야 한다. 더구나 경제성장과 함께 마르크스주의는 더 이상 사회통합이데올로기로서의 기능을 상실했다. 민족문화이기 때문에 부정되었던 유교는 이제 같은 이유로 새로운 사회통합 이데올로기의 역할을 떠맡아야 한다. 하지만 이처럼 유교가 화려하게 부활하면서 대륙의 신유학 담론을 주도하는 지식인의 책임과 역할에 대한 재조정 또한 필요하다. 첫째, 유교의 통치이념화의 조건으로서 20세기의 역사경험을 어떻게 수용하고 해석할 것인가. 둘째, 20세기가 만들어놓은 문화적 배경인 평등주의와 개인화, 다원화 경향을 유교의 재해석에 어떻게 활용할 것인가. 최소한 이러한 두 요소가 함축된 유학이어야 ‘비판담론으로서의 유학’, 즉 ‘지속가능한 유학’으로 거듭날 가능성이 존재한다. 멀리는 전통의 재현을 유념하되, 가까이는 20세기의 역사적, 문화적 배경이라는 맥락을 고려하면서 유교를 대담하게 재해석할 때 세계와 아시아가 공감할 수 있는 유학이 새로이 창조될 수 있을 것이다. (shrink)

Why should I take care of my aging parents? How far will morality require me to sacrifice for this cause? I will study these questions from the perspectives of Confucianism and rule‐consequentialism. Confucians believe that the continuity of families and the interactions between members of different generations can enhance the integrity of society in the long run. However, since Confucianism may impose extreme demands on its followers, this theory may be problematic. In this paper, I argue that despite (...) its demands, the Confucian doctrines are defensible and are worth upholding. To explain my view, I draw upon rule‐consequentialism and explain how the rule‐consequentialist analysis complements and enhances the Confucian claims. I believe that the consequentialist conception of Confucianism can provide a useful resource for responding to the moral challenge of population aging in the current state of the world. (shrink)

It is initially odd to ask whether Confucianism is compatible with systems of law. Confucian thought has co-existed with Chinese legal systems throughout the various dynasties of China’s long history. Nevertheless, despite the extensive laws that China has boasted, traditional Chinese legal thought is not typically recognized as a genuine rule-of-law system, given its focus on moral development and the “rule of man.” In this essay, we argue that Confucianism, specifically Pre-Qin Confucianism, is compatible with the rule-of-law. (...) We examine the different models of compatibility, including “soft compatibilism” in which we examine whether abstract concepts between Confucianism and legal systems are compatible, as well as co-existing and integrating compatibilism. Co-existing compatibilism sees Confucianism and the law occupying different spheres within the same legal system while integrating compatibilism sees Confucianism and the law coming together into a new system. In this way, Confucianism offers China an alternative to liberal democratic and Marxist theories of law. (shrink)

Bern, Berlin, Bruxelles, Frankfurt/M., New York, Oxford, Wien Schweizer Asiatische Studien. Monographien. Bd. 43. Herausgegeben von Robert Gassmann. This book deals with the ru, a word too often understood as a reference to 'Confucian literati'. The study consists of two parts. In the first part the author discusses the problem of the origins of the ru and presents the main hypotheses offered by modern Chinese scholars in this respect. The second part examines the status and nature of a number of (...) ru at a very important period in their history, namely the Qin dynasty and the early Han dynasty (3rd to 2nd centuries B.C.), with the interpretation of famous episodes such as the 'execution of literati' in 212, and the so-called 'victory of Confucianism' one century later. Contents: The ru - from early times to the beginning of the twentieth century - HuShi's Shuo ru - Criticism of Hu Shi's Shuo ru - After Hu Shi: variations on the wang guan shuo - Other recent theories on the origins of the ru - The Erudites (boshi) until the early Han dynasty - The execution of 212 B.C. - The ru during Emperor Gaozu's reign - The ru under Emperor Wu's rule. (shrink)

A major obstacle to the political revival of Confucianism has been its tension with the rule of law. Systemic features of Confucianism such as social hierarchy (and the corresponding social inequal...

The subject of this research is the philosophical conceptualization of evil in the Confucianism. This goal is achieved by solving the following tasks: 1) assessment of Confucianism as a synthesis of the philosophical views of Confucius and Mencius; 2) determination of good and evil as the contrasting concepts in the ethical space, which is based on the ideal of a “person of high nature” Junzi and the real world of a “petty person"; 3) evaluation of evil as the (...) antipode of good, which is based on the sense of duty and regard of moral rules. The novelty of this research consists in the first within the Russian historical-philosophical literature comparative analysis of the views of Confucius and Mencius upon the nature of evil, examination of the genesis of such representations, and their relevance for modern philosophy. Representations on the nature of good and evil of Confucius and Mencius are based on the contrast within the ethical space of the ideal of a “gentleman” (due) and the reality of a “petty person”. The virtue of a “gentleman” is a means of achieving good; and the virtuous life leads to prosperity of the country. Evil of a “petty person” captured by selfish motives, leads to social demise and political disintegration. Mecius applies same moral principles, which govern the individual’s everyday life, to the political sphere of social existence. The thinker underlines circumscription of the monarchs, indicating that even the monarch – if not a “gentleman”, but merely a “petty person” – can be corrupted by evil, in which case the country faced demise. (shrink)

EDITOR’S ABSTRACTThis article presents a counterintuitive view that the rise of Confucianism in the Han dynasty is indebted to the Book of Lord Shang. It analyzes chapter 7, “Opening the blocked,” and shows that the chapter can be read as promoting a combination of force and morality. The sophisticated historical view of this chapter solves apparent contradictions between societies based on family ties, meritocracy, and monarchic power by showing how new levels of social development inevitably open up when old (...) paths are blocked. This dynamic view was abandoned by the followers of Shang Yang but was rediscovered by the Confucian scholar Lu Jia early in the Han dynasty. It is under the impact of this dynamic view that Lu Jia tried to convince the first Han emperor that one can attain the world from horseback but not rule it without an inspiring ideology. The dialectic historical approach presented in “Opening the blocked” chapter remains valid well into our days. (shrink)

In 'Yeogi (禮記)', the Chinese scriptures of Confucianism, they recoded the solar calendar of modern viewpoints. According to the ancient document, the 24 solar terms was one of seasonal divisions in a year. The regularly change of the four seasons play an important part in the national economic project. For a national economy depended on agriculture in East Asia of ancient times, the administration to pay no regard to the change of the season was directly connected to the fall (...) of the nation. And then the legislator must enact laws to reflect the change of the season. According to the 'Wolryeong (月令)' in 'Yeogi (禮記)', there is recoded national regulations to suit with the each twelve momth. The first month of spring is the prime of the year (February). The month shows sign of new livingthings. The ruler take order to protect the first breath of spring and ought to put a ban on the military training and labor mobilization. The reasons are to safeguard the new life and not to interrupt the preparation for farming. Confucian attach value to the nature within a human’s way of life. Therefore the norm of human do correlate closely with the principle of nature. The rule of Wuju (宇宙) was not a simple concept of the natural phenomenon and Cheon (天) was not the Almighty for himself. Cheon was just the existence of virtue and moral influence in the confidence of man. And Ji (地) was the Mother of all things. In this space man had to manage the world in sympathy with the process of cheonJi (天地); Cheonsi (天時), JIri (地利), Inhwa (人和). (shrink)

One side of this paper is devoted to showing that the Golden Rule, understood as standing for universal love, is centrally characteristic of Confucianism properly understood, rather than graded, familial love. In this respect Confucianism and Christianity are similar. The other side of this paper is devoted to arguing contra 18 centuries of commentators that the negative sentential formulation of the Golden Rule as found in Confucius cannot be converted to an affirmative sentential formulation (as is found in (...) Christianity) without a change in its meaning. In this respect Confucianism and Christianity are different. (shrink)

Jesus of Nazareth, like Socrates, left nothing behind written by himself. Yet, the records of his teaching indicate a rich interest in dialogic pedagogy, reflected in his use of the parable, primarily an oral genre, as a dialogic provocation. Working at the interface of pedagogy, theology and philosophy, this article explores the parable of the Good Samaritan from the perspective of dialogic pedagogy. It employs an analytical approach termed diacognition, developed from the notions of dialogue, position and cognition, to analyse (...) the moves within the parable and the teaching situation in which it is located. The article explores how Jesus engages the dialogue of and around the parable to position and reposition his interlocutor, provoking a re-cognition of what it means to love one’s neighbour. It concludes by reflecting on the implications of this analysis for the relation of meaning to knowing and doing. (shrink)

The information explosion and digital modes of learning often combine to inform the quest for the best ways of transforming information in digital form for pedagogical purposes. This quest has become more urgent and pervasive with the ‘turn’ to online learning in the context of COVID-19. This can result in linear, asynchronous, transmission-based modes of teaching and learning which commodify, package and deliver knowledge for individual ‘customers’. The primary concerns in such models are often technical and economic – technology as (...) a cost-effective ‘solution’ to educational challenges. In this paper I argue for the importance of dialogic learning space in teaching and learning by means of Information and Communication Technologies, whether in the form of fully online learning, blended learning or face-to-face encounters using ICT affordances. Although the 20th Century theorists Mikhail Bakhtin (1895–1975) and Hans-Georg Gadamer (1900–2002) produced their seminal works before the advent of ICTs, they were both concerned with the quality and authenticity of human engagement with texts and with other persons and contexts. Besides a shared interest in dialogue as an ontological feature of human life and being, they both used spatiotemporal concepts for understanding and interpreting texts. The article draws on Gadamer’s notions of dialogue and horizon, and Bakhtin’s notions of dialogue and chronotope, to conceptualize dialogic possibilities for online education. Its purpose is to provide a framework, grounded in Bakhtin’s and Gadamer’s ideas, for a dialogic approach to online teaching and learning in higher education. (shrink)

This article examines the relationship between online dispute resolution (ODR) and trust. We discuss what trust is, why trust is important, and how trust develops. Our claim is that efforts to implement online dispute resolution on a site or service in a manner that promotes trust need to consider ODR as just one tool in a broader toolbox of trust-building tools and techniques. These techniques are amongst others marketing, education, trust seals, and transparency. By evaluating ODR in its proper context (...) as one component of a larger trust strategy, we can more accurately set expectations for its results and position our projects for success. (shrink)

Dialogue is a seminal concept within the work of the Brazilian adult education theorist, Paulo Freire, and the Russian literary critic and philosopher, Mikhail Bakhtin. While there are commonalities in their understanding of dialogue, they differ in their treatment of dialectic. This paper addresses commonalities and dissonances within a Bakhtin-Freire dialogue on the notions of dialogue and dialectic. It then teases out some of the implications for education theory and practice in relation to two South African contexts of learning that (...) facilitate the access to education of disadvantaged groups, one in higher education and the other in early childhood education. (shrink)

The article presents proofs of the context freeness of a family of typelogical grammars, namely all grammars that are based on a uni- ormultimodal logic of pure residuation, possibly enriched with thestructural rules of Permutation and Expansion for binary modes.

This book analyzes the ways in which authoritarian political culture performs functions similar to democratic political culture, using contemporary Chinese politics as a case study. Through an examination of the legitimating and engaging values of Confucianism, the author analyzes how these values influence everyday political engagement, perceptions and practices of “rule of law,” political deliberation, and official discourse of the Chinese Communist Party.

While Confucian ideals continue to inspire thinkers and political actors, discussions of concrete Confucian practices and institutions appropriate for the modern era have been conspicuously absent from the literature thus far. This volume represents the most cutting edge effort to spell out in meticulous detail the relevance of Confucianism for the contemporary world. The contributors to this book - internationally renowned philosophers, lawyers, historians, and social scientists - argue for feasible and desirable Confucian policies and institutions as they attempt (...) to draw out the political, economic, and legal implications of Confucianism for the modern world. The book is divided in three parts that correspond to the basic hallmarks of modernity as a social and political system - democracy, capitalism, and the rule of law. (shrink)

Mou Zongsan uses the highest moral principle “autonomy” to interpret Confucius’ benevolence and Mencius’ “inherent benevolence and righteousness”, focuses on the self-rule of the will. It does not do any harm to Mencius’ learning, on the contrary, it is conducive to the communication between Chinese and Western philosophies. If we stick to Kant’s moral self autonomy and apply it to interpreting Zhu Xi’s moral theory, similarly we will discover the implications of Zhu Xi’s “autonomy” in his moral learning. Therefore, it (...) is inappropriate for Mou Zongsan to say that Zhu Xi’s ethics belongs to the autonomous one. (shrink)

The article is devoted to the review of the most significant provisions of philosophical thought in China, starting from the XIX century and up to the 40s of the XX century. The author examines the views of both Western and Chinese intellectuals who have contributed to the formation of the new or modern Confucianism main issues. One of the most important aspect is the influence of historical events that have occurred since the XIX century. For example, the two Opium (...) Wars (1840-1842 and 1856-1860) and the policy of self-isolation pursued by the Manchu court, the Qing dynasty challenged the trade interests of the European colonial powers, and the crushing defeats suffered by China during these wars marked two important phenomena: the conclusion of unequal treaties with the victorious powers and the ruling dynasties discrediting. Such circumstances forced Chinese society to pay attention to the current state of affairs and therefore ask relevant questions, even more urgent from the fact that the results of the Opium Wars changed the usual ideas of the Chinese about their statehood. As a result - China faced a crisis that needs to be overcome (some of the intellectuals in China still try to find the most comprehensive way to effectively overcome it). Gradually, a different perception of the Chinese tradition begins to take shape in the XX century. The author notices a gradual break from blind imitation of Western thought patterns to a further rethinking of the main Chinese philosophy provisions that already proceeding from the established modern discourse and the search for common points of contact in the East-West intercultural dialogue. (shrink)

Little is known about the Korean Peninsula before 12 th century, due to which potentially biased assessments of its social, cultural, and political history exist. This study attempted to unearth the history of the Korean Peninsula since the late 10th century through the Buddhist inscriptions. These inscriptions unveil the authentic social environment, religious beliefs, and political ecology of late Silla and delve into the political motives and life philosophies of Silla scholars who studied the Tang Dynasty, especially their approach of (...) 'interpreting Buddhism through Confucianism'. Based on empirical research grounded in documentary evidence, combined with literary-historical methods, this study examined the inscriptions of two great Silla scholars Choi Chi-Won and Choi Eun-Wee. Their works predominantly feature Confucian thought within Buddhist narratives. Politically, they used Confucian principles as the foundation for governance, interpreting them through Buddhist concepts to enlighten the masses and strengthen dynastic rule. Ideologically, while Choi Chi-Won fully implemented Confucian logic, Choi Eun-Wee demonstrated a stronger Buddhist inclination. This research enriches the understanding of the history, culture, and society of the Korean Peninsula, highlighting the significant role of blending Confucian and Buddhist elements in shaping its social and political structures. (shrink)

The “social-political-hierarchical” qualifications have long been identified as the essential features of the Confucian golden rule. This essay challenges this prevailing characterization by revealing the relation and differences between Confucius’ original shu 恕 and a series of post-Confucius reformulations in ancient Confucianism. Specifically, the premise of equality, which underlies Confucius’ formulation of shu in correlation with ren 仁, rendered shu incompatible with asymmetrical relationships. Besides the advantage of overcoming this limitation by adapting the golden rule structure of shu to (...) specified asymmetrical relationships, the post-Confucius formula, especially “the measuring square” in the Great Learning, was devised to guide one to infer universalizable rules of conduct for various roles in diverse relationships. On this basis, I demonstrate a pivotal shift in the golden rule practice of ancient Confucianism—a shift of focus from its correlation with ren to its conformity with li 禮 as the system of rules of conduct and the principle of “discriminations.”. (shrink)

This book synthesizes the game-theoretic modeling of decision-making processes and an ancient moral requirement, called the Golden Rule of ethics (GR). This rule states, "Behave to others as you would like them to behave to you." The GR is one of the oldest, most widespread and specific moral requirements that appear in Christianity, Islam, Judaism, Buddhism, and Confucianism. The book constructs and justifies mathematical models of dynamic socio-economic processes and phenomena that reveal the mechanism of the GR and are (...) based on the concept of Berge equilibrium. The GR can be naturally used for resolving or balancing conflicts, and its "altruistic character" obviously excludes wars, blood-letting, and armed clashes. The previous book of the authors, The Berge Equilibrium: A Game-Theoretic Framework for the Golden Rule of Ethics, covers the static case of the GR. In this book, the dynamic case of the GR is investigated using the altruistic concept of Berge equilibrium and three factors as follows: a) a modification of N.N. Krasovskii's mathematical formalization of differential positional games (DPGs), in view of the counterexamples given by A.I. Subbotin and A.F. Kononenko; b) the method of guiding control, proposed by N.N. Krasovskii; c) the Germeier convolution of the payoff functions of different players. Additionally, the book features exercises, problems, and solution tips collected together in Appendix 1, as well as new approaches to conflict resolution as presented in Appendices 2-4. The book will be of use to undergraduate and graduate students and experts in the field of decision-making in complex control and management systems, as well as anyone interested in game theory and applications. (shrink)

In this article, the Golden Rule, a central ethical value to both Judaism and Confucianism, is evaluated in its prescriptive and proscriptive sentential formulations. Contrary to the positively worded, prescriptive formulation – “Love others as oneself” – the prohibitive formulation, which forms the injunction, “Do not harm others, as one would not harm oneself,” is shown to be the more prevalent Judaic and Confucian presentation of the Golden Rule. After establishing this point, the remainder of the article is dedicated (...) to an inquiry into why this preference between the two Golden-Rule-formulations occurs. In doing so, this article discovers four main benefits to the proscriptive formulations: I) harm-doing, as opposed to generalizable moral goodness, is easier for individuals to subjectively comprehend II) the prevention of harm-doing is the most fundamental ethical priority III) the proscriptive formulation preserves self-directed discovery of what is good, thus preserving moral autonomy IV) individuals are psychologically pre-disposed toward responding to prohibitions rather than counsels of goodness. (shrink)

Confucian political philosophy has recently emerged as a vibrant area of thought both in China and around the globe. This book provides an accessible introduction to the main perspectives and topics being debated today, and shows why Progressive Confucianism is a particularly promising approach. Students of political theory or contemporary politics will learn that far from being confined to a museum, contemporary Confucianism is both responding to current challenges and offering insights from which we can all learn. The (...) Progressive Confucianism defended here takes key ideas of the twentieth-century Confucian philosopher Mou Zongsan as its point of departure for exploring issues like political authority and legitimacy, the rule of law, human rights, civility, and social justice. The result is anti-authoritarian without abandoning the ideas of virtue and harmony; it preserves the key values Confucians find in ritual and hierarchy without giving in to oppression or domination. A central goal of the book is to present Progressive Confucianism in such a way as to make its insights manifest to non-Confucians, be they philosophers or simply citizens interested in the potential contributions of Chinese thinking to our emerging, shared world. (shrink)

This essay investigates Xunzi’s political philosophy of ba dao (Hegemonic Rule). It argues that Xunzi’s practical philosophy of ba dao was developed in the course of resolving the tension between theory and practice latent in Mencius’s account of ba dao . Its central claim is that contra Mencius who remained torn between his ideal political theory of ba dao and the practical utility and moral value of ba dao , Xunzi creatively re-appropriated ba dao as a “morally decent” (if not (...) morally ideal) statecraft, within the parameter of practical Confucian philosophy. After examining the moral and political value of ba dao in both domestic and international governance, the essay concludes by arguing that Xunzi’s defense of ba dao should be understood in the context of what I call “negative Confucianism,” without which the realization of the Confucian moral-political ideal (or positive Confucianism) is impossible. (shrink)

This paper argues Confucianism is a compelling managerial ethic for several reasons: 1) Confucianism is compatible with accepted managerial practices. 2) It requires individuals and organizations to make a positive contribution to society. 3) Recognizes hierarchy as an important organizational principle and demands managerial moral leadership. 4) The Confucian "golden Rule" and virtues provide a moral basis for the hierarchical and cooperative relationships critical to organizational success. The paper applies Confucianism to the H. B. Fuller in Honduras: (...) Street Children and Substance Abuse case. (shrink)

The Continuous Parameter Estimation Model is applied to develop individual genomic-level heritabilities for the latent hierarchical structure and developmental dynamics of Life History (LH) strategy LH strategies relate to the allocations of bioenergetic resources into different domains of fitness. LH has moderate to high population-level heritability in humans, both at the level of the high-order Super-K Factor and the lower-order factors, the K-Factor, Covitality Factor, and General Factor of Personality (GFP). Several important questions remain unexplored. We developed measures of genome-level (...) heritabilities employing an American sample of 316 monozygotic (MZ) and 274 dizygotic (DZ) twin dyads and a Swedish sample of 863 MZ and 475 DZ twin dyads. This novel heritability index measures individual genetic transmissibility, therefore opening new avenues for analyzing complex interactions among heritable traits inaccessible to standard structural equations methods. For these samples: (1) moderate to high heritability of factor loadings of Super-K on its lower-order factors is demonstrated, evidencing biological preparedness, genetic accommodation, and the gene-culture coevolution of biased epigenetic rules of development; (2) moderate to high heritability of the magnitudes of the effect of the higher-order factors upon their loadings on their constituent factors, evidencing genetic constraints upon phenotypic plasticity; and (3) that heritability of the LH factors, of factor loadings, and of the magnitudes of the correlations among factors are weaker among those with slower LH speeds, demonstrating that inter-individual variation in transmissibility is a function of individual socioecological selection pressures. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)