「我離港前到過一間精神科醫院。當時有位病人禮貌地問,一個以作為世上最悠久民主政體而自傲的國家,如何能夠將此地交給一個政治制度非常不同的國家,且既沒諮詢當地公民,又沒給予他們民主的前景,好讓他們捍衞自己的將來。一個隨行同事說,奇怪,香港提出最理智問題的人,竟在精神科醫院。」彭定康 金融時報

“During a visit to a mental hospital before I left Hong Kong, a patient politely asked me how a country that prided itself on being the oldest democracy in the world had come to be handing over his city to another country with a very different system of government, without either consulting the citizens or giving them the prospect of democracy to safeguard their future. Strange, said one of my aides, that the man with the sanest question in Hong Kong is in a mental hospital.”Chris Patten Financial Times

Non Chinese literate friends, please simply switch to English Version provided by LOUSY Google Translation

Please participate in the unregistered demography survey of visitors at the right hand side bar. You are: ?

敬請參與在右下方的不記名訪客分佈調查問卷,你是: ?

Monday, December 21, 2009

倫理的悲劇

倫理的悲劇



一提起”倫理“真是皺眉頭,在英文翻譯,它卻包含了 ethics 和 moral ,兩個 intersection 重疊的地帶。有人研究說舊中國,以“倫理”治國,是比較低成本,但始終是靠人治,被很多抬舉“法治精神”的高等人唾棄,但法律不礙於人情,單以法治,卻較容易產生了:“倫理的悲劇”。


蛇竇又有人提出,讓大家一齊吹水,今次談及一單美國和巴西的爭子案:


《CNN》 An American father said he hopes to be bringing his 9-year-old son home from Brazil on Thursday after a long international custody battle that has involved U.S. Secretary of State Hillary Clinton and many Brazilian courtrooms.

A Brazilian court on Wednesday ordered that the boy, Sean Goldman, be returned to the custody of his father in the United States. The father, David Goldman, spoke to CNN's "American Morning" on Thursday shortly after his plane touched down in Brazil.

"I hope that this is the last trip I'll have to come down here," Goldman said.

In an earlier conversation with CNN's Anderson Cooper, Goldman said, "I hope this time I will be able to go down to Brazil and come back home with my son. Hopefully the rule of law, god, nature, human decency will be followed, and Sean will come home to reunite with me, his only parent."

The Federal Regional Tribunal's 3-0 ruling in Rio de Janeiro upheld a decision in June by the 16th Federal Court in Rio, which ordered Sean returned to his home with his father in New Jersey in accordance with the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

But a Brazilian official with knowledge of the case predicted Wednesday's order would be appealed. So far, the boy's Brazilian family has filed 40 appeals, most of them procedural but one substantive.

The Brazilian high court is to take up any appeal on Thursday, said U.S. Rep. Chris Smith, R-New Jersey, who has been pressing the case for his constituent. "Frankly, every possible nuance has been appealed by the other side," he said.

The Supreme Court could still allow Sean to be returned to his father in the United States while it decides any appeal.

Goldman, a former model, said he had last spoken with his son in June, but they did not discuss the custody battle.

The well-publicized custody battle began in 2004 when his wife, Bruna Bianchi, took their 4-year-old son from their New Jersey home to Rio de Janeiro for what was to have been a two-week vacation. She never returned, instead divorcing Goldman, remarrying there and retaining custody of their son. She died last year in childbirth.

Goldman has argued that, as the sole surviving parent, he should be granted custody. But the boy's stepfather and other Brazilian relatives have argued that it would be traumatizing to Sean to remove him from what has been his home for most of his life.

The case has drawn high-profile input, including pressure for his return from Clinton. In a statement Wednesday, she said she was pleased to hear about the decision.

"We appreciate the assistance and cooperation of the government of Brazil in upholding its obligations under the Hague Convention on International Child Abduction," Clinton said. "And it is my hope that this long legal process is now complete and that the Goldman family will be reunited quickly."



Bruna Bianchi 這位始作俑者,已經去世,她是 Sean Goldman 的生母,在 Sean 祇有四歲時,母親直口回巴西渡假,帶同 Sean 返回巴西,就不再返回美國,並且開始辦理離婚手續,後來再出嫁給巴西丈夫,但卻因為難產,不幸去世,留下兒子 Jean 給第二任丈夫(繼父)和家人。


如今有血緣的生父,雖然得到法律的認同,可以得回兒子的撫養權,並要求帶 Sean 回到美國,但巴西的繼父,和母系方面的家人,共同提出上訴,希望可以保留 Jean 的撫養權,理由是 Sean 已經和他們一起生活有五年,他對生父的印像模糊。


祇得九歲的 Sean 固然沒能為自己,作出自主選擇,誰能真正可以說,甚麼是最佳 BEST for Sean 呢?“法律”?



後記:
臨發文前見到,“法律”就剝奪了一位先生的三十五年青春,他被枉判終身監禁。
《CNN》After 35 years in prison, a Florida man was freed today after DNA showed he did not kidnap and rape a boy in 1974. FULL STORY



伸延閱覽:
U.S. dad hopes to bring son home CNN
Father fights international custody battle CNN
Brazilian judge suspends order to reunite boy, American father CNN
American father still hopes for custody of son in Brazil CNN
U.S. dad's custody case returns to Brazilian appeals court CNN
Brazilian judge rules U.S. dad can visit son -- in Brazil CNN
Brazilian court orders son be returned to U.S. dad CNN
Sean Goldman Latina.com



6 comments:

exile said...

ILatest development: I heard the Brazilian court is asking the boy to testify. His grandmother claimed that he expressed strong desire to stay in Brazil. Don't know whether it's just a delay tactic.

Are you familiar with a custody case in the U.S about a girl named Anna Mae He. Her biological parents are Chinese living in the U.S. Adoptive parents are Americans. In the end, the court ruled in the biological parents' favor. The girl is now living in China with her mother and siblings. She can't speak or understand much Chinese and is having a lot of trouble adjusting. Is blood tie everything? Sometimes I think it is everything, but sometimes I think it's just another inconvenience in life.

新鮮人 said...

法律不是完美的,
所以要不斷改進,
道德是空泛主觀的,
很難有個客觀界線,
也難讓人遵守,
而且依賴人治和道德規條來治理人民是很危險的,
因為每個人都可能有私心和偏見,
我們無可能等待聖人來仲裁,
就算有,聖人會死的,
死了又點呢?

當然法律不外乎人情,
凡事不可兩走極端,
不過這個"人情"必需小心應用,
一切應以法為先,情以輔,
這方是兩存之策!

the inner space said...

Exile,The senate version of the health care reform bill has over taken and overflowed the news. Some said that there would be no public option in the approved senate bill, was that true?

Thank you about the Anna Mae He case, there was one colleague wanted to use that as an example and told us the similar story but she failed to remember the name.

the inner space said...

Fresh big brother, yes nothing is perfect. There are/ were too many exceptions or isolated cases that increasing our worry(s) about the effectiveness of system.

exile said...

If there is one thing that can ruin my X'mas, it's the health care reform bill. Yes, public option is DEAD.

Instead there will be some sort of non-profit market exchanges where people currently without insurance can purchase insurance at a group rate. It will be managed by the same people who are currently managing the federal worker's health insurance program. Sounds ok, right? But no one talks about how much the premium is going to be. Scary?

The different between public option and non-profit market place is that the former runs by the government, the latter runs by private insurers. There is no way to guarantee cost control.

There will be a mandate for all Americans to buy health insurance. If you don't buy, there may be a fine, or hey they might us in jail.

I don't believe that the Republicans are not behind the reform. Democrat plays the bad cop. Republican is the good cop. Deals have been made behind closed doors. They will combine the senate bill with the house bill, then it will be off to Pres. Obama's table.

At this point, I seriously believe that Pres. Obama will be a one-term president. I don't think he even cares for a second term.

This is one of the most important bills in decades. Americans have expressed our wishes but so far no one listens to us.

Let's go shopping instead.

the inner space said...

Exile, I read from CNN that the senate bill is going to be passed some 12 hours from now. JIT for your Christmas as you said so.

As for Obama's presidency lets wait and see the coming 3 years. Even Bush Jr. could get his second term ....!