1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
The Nature of Morality
“Moral Reasoning”
Teaching objectives:



Clarification of moral concepts: the relationship between
“Morality” and “Law”
Clarification of moral concepts: the relationship between
“Morality” and “Cultural traditions”
Sustaining an open-minded attitude (without self-interest
or prejudice)
Suggested teaching period: 5 lessons
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Suggested Teaching Method
Lesson One
Teaching objectives:
1. Let students understand what is “Law” and “Morality”
2. Let students understand the relationship between “Law” and “Morality”
3. The similarities and differences between “Law” and “Morality”
Preparation Work:
Teacher shall first prepare
1. Knowledge Content of the Subject – “Law” and “Morality”
2. Worksheet (1), (2), (3), (4): Morality and Law
Teaching Process:
1. Teaching content review
Revise the key points of “The Moral Principles” unit and emphasise that the
formation of moral values is influenced by many different factors.
2. Teacher shall point out culture and law are 2 of the main factors that influence
the formation of moral values.
3. Teacher distributes Worksheet (1): Morality and Law and divides the students
into groups of 5-6. Ask them to discuss the questions on the worksheet in about
10 minutes.
4. After the discussion, each group shall send 1 student as representative to
present the decision of his/her group in around 2 minutes. He/She shall also
give reasons to support their answers. After each presentation, teacher shall
ask at least one other group to raise question. This discussion is to encourage
students to point out the contradiction between law and morality while pointing
out their similarities and differences.
5. After summarising the opinion of the students, teachers may distribute the
information of “Law and Morality” and explain the material for 15 minutes.
Homework assignment: Ask students to complete Worksheet (1), (2), (3), (4):
Morality and Law and submit them in the next lesson.
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Lesson Two
Teaching objective:
1. Strengthen students’ understanding towards “the relationship between law and
morality” through real examples
Preparation Work:
Teacher shall first prepare
1. Worksheet : Roundtable discussion on enacting criminal law against keeping
mistress
Teaching Process:
1. Revise with the students what they have learnt from the previous lesson
Suggested answers:
 Personal issues are seldom resolved by law, but moral standards regulate



private conduct.
Law is a tangible social system, while morality is an intangible set of
value.
Law and religion affect each other.
Other acceptable answers can be referred to the "Knowledge Content of
the Subject on Law and Morality"
(If students fail to refer to the above key points in their answers, the
teachers shall give them guidance)
2. Teacher distributes the Worksheet: Roundtable discussion on enacting criminal
law against keeping mistress, and asks students to prepare for the debate. All
the students are divided into the groups belonging to the "affirmative side" and
the "opposition side". The groups then discuss the rationales supporting or
opposing the "Enactment of criminal law against keeping mistress" for
approximately 15 minutes.
3. After discussion, 3 students from each of the "affirmative side" and "opposition
side" will debate on the motion and each student shall present opinions of his
side give reasons to support their answers in less than 3 minutes. The
discussion aims to help students highlighting the contradictions, similarities and
differences between law and morality.
4. Homework Assignment: “Enactment of criminal law against keeping mistress”
After the transfer of the sovereignty of Hong Kong, Hong Kong people always
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
have to travel between China and Hong Kong, some Hong Kong people even
have to stay in the Mainland for a long time for working purposes. Some of them
who work in the Mainland cannot resist the temptation and keep mistresses in
the Mainland. Some women's groups think that "keeping mistress" is immoral,
and claim that they received 200,000 individuals signing up to support the
enactment of law against "keeping mistress" . They also recommend the Hong
Kong government to include "keeping mistress" as a criminal offence. Do you
think the Hong Kong government should enact criminal law against "keeping
mistress"?
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Lesson Three
Teaching objectives：
1. Let students understand the meaning of "culture" and "morality"
2. Discuss with the students about the relationship and the similarities and
differences between "culture" and "morality"
Preparation Work:
Teacher shall first prepare
1. Knowledge Content of the Subject – "Culture" and "Morality"
2. Worksheet: Morality and Culture---Ballad of Narayama
Teaching Process:
1. Teacher distributes the Worksheet: Morality and Culture---Ballad of Narayama.
Divide the students into groups of 5-6 and give them 10 minutes to discuss the
questions set out on the worksheet.
2. After the discussion, each group shall send 1 representative to briefly present
the decision of his/her group. He/She shall also give reasons to support their
answers. The discussion aims to help students highlight the contradictions,
similarities and differences between culture and morality.
3. After summing up the opinions of the students, teacher may distribute the
Knowledge Content of the Subject on Culture and Morality and explain the
content in approximately 15 minutes.
4. Homework assignment: Ask the students to complete the Worksheet: Morality
and Culture---Ballad of Narayama.
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Lesson Four
Teaching objective:
1. Strengthen students' understanding of the "relationship between cultural
traditions and morality" through real examples
Preparation Work:
Teacher shall first prepare
1. Worksheet: Right of inheritance of female indigenous inhabitants in the New
Territories
Teaching Process:
1. Revise with the students what they have learnt from the topic "Culture and
Morality" from the last lesson.
Organise the content and sum up:

Cultural traditions and morality affect each other.

Cultural traditions are national and regional, while morality can extend
across regions, nations and is universal.

Other acceptable answers can be referred to the “Knowledge Content of
the Subject on Culture and Morality”
(If students fail to refer to the above key points in their answers, teacher
shall give them guidance)
2. Teacher distributes the Worksheet: Right of inheritance of female indigenous
inhabitants in the New Territories. Divide the students into groups of 5-6 and
give them 15 minutes to discuss the questions set out on the worksheet.
3. After the discussion, each group shall send 1 student as representative to
present the decision of his/her group in around 2 minutes. He/She shall also
give reasons to support their answers. After each presentation, teacher shall
ask at least one other group to raise questions. The discussion aims to help
students highlight the contradictions, similarities and differences between law
and morality.
4. Homework Assignment: "Right of inheritance of female"
The Hong Kong government enacted the "New Territories Ordinance" in 1910.
On the issue of land inheritance, the ordinance respects the Chinese traditional
custom of leaving ancestral property along the male lines, which means that if a
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
land owner does not make a will, all agricultural land and rural land (urban land
in the New Territories is not affected) he owned will be inherited by his sons. If
the land owner only has daughter, the agricultural land and rural land will be
inherited by his nephews. If the land owner makes a will, the land will be
allocated according to his will.
Do you agree with this land inheritance method? Why?
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Lesson Five
Teaching objectives:
1. Let students understand that they shall deal with moral issues in a rational
manner
2. Encourage students to be open-minded when dealing with moral issues
Preparation Work:
Teacher shall first prepare
1. Knowledge Content of the Subject --- Rationality and Open-mindedness
2. Worksheet: Rationality and Open-mindedness
Teaching Process:
1. Developing sets of value:
Review with the students that the relationship between "Law and Morality" and
"Culture and Morality" and stress that morality, culture and law affect each
other. Teacher needs to remind students that establishing moral values is a
process, and therefore one has to be rational and open-minded in order to
understand and get in touch with different cultures, laws and moral values, so
as to build up a set of moral values with which they themselves identify.
2. Content Explanation:
Teacher distributes the “Knowledge Content of the Subject on Rationality and
Open-mindedness” and explains the content.
3. Homework Assignment: Ask the students to complete the Worksheet:
Rationality and Open-mindedness at home.
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Worksheet 1: Morality and law
--- Justice for all (Ethics and Religious Studies 1)
Ka Ming and Rose had been lovers since teenage years and they were born
on the same date in the same year. They knew each other since childhood and
studied and played together. They fell in love at the age of 16. Ka Ming decided
after the age of 18 that he would marry Rose and build a happy family after
graduating from university and establishing a successful career. Rose was looking
forward to such a day. After graduating from university, the two were still
sweethearts who were deeply in love, and made many romantic and loving
promises to each other.
Ka Ming's years of hard work paid off when he became the CEO of a company
at the age of 35. With a monthly salary of more than $100,000, he could support
their living after marriage. Rose was looking forward to Ka Ming's proposal so that
her 20-year dream might come true.
However, on the day they met each other for twenty years, Ka Ming suggested
breaking up with Rose because he fell in love with his secretary and capable
assistant Sau Kam three months ago and would marry her half a year later. To
Rose, the news was like a thunderbolt out of a clear sky. At the age of 35, she
looked at herself growing old, and thought that Ka Ming had wasted her 20 years of
youth and deceived her. She was sad and angry at the same time and did not know
how to compensate for her loss for 20 years.
Rose's close friend Ha Wai suggested that she should file a lawsuit against Ka
Ming at a court, because Ka Ming deceived Rose and fraud was a criminal offence.
Besides, Ka Ming promised to marry Rose after establishing a successful career,
but failed to keep the promise. This should be treated as a breach of the contract,
which was a civil offence. Since Ka Ming wasted 20 years of Rose's precious time,
Rose could ask Ka Ming to compensate for her loss for 20 years.
On the other hand, Sau Kam fell in love with Ka Ming even knowing that he
had a girlfriend since teenage years. Ha Wai thought that this was an improper way
to seek benefit and Sau Kam should be punished by law.
1. Putting aside whether the court will handle this case, do you think Rose should
claim for her personal loss from Ka Ming by legal means?
2. Do you think Ka Ming committed fraud? Did he breach a contract?
3. Similarly, do you think Rose should sue Sau Kam? Why?
4. Do you think Sau Kam sought benefit by improper means?
5. How much do you think Rose should claim from Ka Ming to compensate for her
loss? Please calculate clearly Rose's loss and give reasons to support your
calculation.
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Worksheet 2: Morality and Law
Andy Lau, a renowned actor in Hong Kong always calls Deanie Ip, an
experienced actress, "mother", because the two were featured in a family ethical
movie --- "Unwritten Law" which was released in 1983 and drew large audiences.
The storyline of the movie is as follows:
Lau Wai Lan was a girl from an affluent family in the 40's. She had premarital
sex with her boyfriend and became pregnant during her young and innocent years.
When her parents learned of her pregnancy, they kicked her out of the family so
that the family would not lose face. After her son, Lau Chi Pang, was born, Lau Wai
Lan sent him to a Catholic orphanage so that he would not become an illegitimate
child. Only a sister who was the head of the orphanage knew their relationship. Lau
Wai Lan ended up being a prostitute.
Lau Chi Pang did not realise that his mother was the prostitute Lau Wai Lan
and neither did he know that his mother was alive but was disfigured when raising
money for him to study law in the UK, and later changed from an escort lady in a
high-class nightclub to a hooker at the red light district. After graduation, he
returned to Hong Kong and had high aspiration when he entered the legal field. Not
knowing that Lau Wai Lan was his mother, he accepted the Lau Wai Lan’s murder
case as his first case.
Lau Wai Lan was prosecuted for murdering a whoremaster, who was a
socialite but at the same time a sex freak who always hurt prostitutes, so Lau Wai
Lan killed him for self-defense reason. Fearing that the rich and powerful would be
offended, no lawyer dared to defend her case in court. However, Lau Chi Pang
disregarded the pressure and decided to seek justice for the defendant irrespective
of the cost. With his perseverance, enthusiasm, detailed and professional
investigation, and the convincing arguments presented in the trial, Lau Chi Pang
had a good chance of winning the case. Suddenly, the prosecutor used his trump
card --- summoning the sister of the orphanage to appear before the court to prove
that the lawyer and the defendant are mother and son, and demanded a new trial
for the case.
According to the law, if the defense lawyer and the defendant are immediate
family members, a new trial shall be arranged for the case. And if Lau Wai Lan
cannot find another defense lawyer, she will definitely be sentenced to death.
The sister was aware of the consequence of telling the truth and the scheme of
the prosecutor. She did not want to tell the truth out of her conscience. On the other
hand, she understood it would be against the law and one of the ten
Commandments - "You shall not bear false witness against your neighbour" if lied
before the court.
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
1. If you were the head of the orphanage, would you tell the truth at the court?
2.
3.
4.
5.
6.
Why?
If you think that you should not tell the truth, do you think that your illegal
behaviour is appropriate?
If you think that you should tell the truth, but Lau Wai Lan will be sentenced to
death because of that, do you think you will be condemned by your conscience?
If the sister chose not to tell the truth due to sublime reasons, but the truth was
later exposed, do you think she should be prosecuted as well?
From the above incident, what do you think the law emphasises when judging
between good and evil or right and wrong?
From the above story, do you think that the relationship between law and
morality is contradictory, complementary or divergent?
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Worksheet 3: Morality and Law
--- Justice for all (Ethics and Religious Studies 2)
Mr. Chan was a retired rich man. He was dissatisfied with his son, an engineer,
who supported him by giving him HK$7,500 every month. As such, Mr. Chan asked
for a recovery of approximately $1 million in a court filing. The amount was the
funding Mr. Chan offered for his son's study in the UK.
Many years ago, the father gave financial support for his son's study in the UK.
After receiving a master's degree in mechanical and electrical engineering, his son
returned to Hong Kong and got a well-paid job. When the son got married in 2000,
his parents bought him an apartment and the owners of the unit were the son and
his mother. Since then, the son gave his parents $14,000 every month to support
their living. Years later, the son had his own baby daughter and hired an Indonesian
maid, and gave his parents only $7500 every month for living expenses.
Mr. Chan was very dissatisfied with his son's behaviour and asked to recover
approximately $1 million from his son in a court filing.
(Please refer to all major newspapers on 4 March 2006 for details)
1. Do you think parents shall recover the money they spent on his son's education
over the years by legal means?
2. Do you think it is reasonable for a son not to support his parents?
3. Do you think refusing to support one's parents shall be considered as illegal? Is
it immoral?
4. How much do you think the son should return to his parents to compensate for
their loss? Please calculate clearly the son's loss and give reasons to support
the calculation.
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Worksheet 4: Morality and Law
There are all sorts of strange laws in the world, and the laws below are just
some of those examples. Why do you think these laws were enacted? Do you
think these laws are reasonable? Please give your opinions.
Top ten strangest laws
Why do you think these laws are
enacted?
1 In Ohio, USA, it is against the law
to get a fish drunk.
2 In Scotland, you cannot refuse
somebody's request to use your
washroom.
3 In Iran, women have to cover their
faces when going out.
In Switzerland, it is against the law
4 for men to urinate standing up after
10 pm
In Alabama, USA, it is illegal for a
5 driver to be blindfolded while
driving.
In Florida, USA, unmarried women
6 who parachute on Sundays can be
jailed.
In Vermont, USA, women must
7 obtain written permission from their
husbands to wear dentures.
In Milan, Italy, there is a law that
8 requires citizens to smile at all
times. The only exceptions are
visiting hospitals and attending
funerals.
In Saudi Arabia, women may be
9 beaten with a stick if they stayed
alone with a man who is not her
relative.
10 In France, it is illegal to name a pig
"Napoleon".
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Do you think
these laws are
reasonable?
1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Knowledge Content of the Subject --- "Law" and "Morality"
What is "law"
Different countries have different sets of law, custom, tradition and system. At
present, the world's major legal systems include the Common Law practiced by the
US and UK and the Civil Law Family practiced by Europe.
Law is a tangible set of rules governing the social life of mankind. The society
relies on laws to keep order and laws set compulsory and substantive standards on
human behaviours. Therefore, people violating the law will be punished, such as
being imposed a fine or sent to prison.
Since people violating the law will be punished, the judicial institutions (for
countries practicing the Common Law) or legislative institutions (for countries
practicing the Civil Law Family) usually define law clearly so that people have a
clearer understanding of what is meant by breaking the law, and the charge of
breaking the law shall also be supported by solid evidence.
What is "morality"
Morality/ethics concerns the question of "ought to or ought not to". It is
therefore about value judgment. Any issue involving "value" involves morality and
ethics. Morality is not a depiction of human behaviour. Instead, it tells us how to
behave in a correct manner. Morality/ethics also points out the principles we should
follow in order to handle matters correctly. Therefore, morality/ethics concerns the
question "ought to". For example, we may adopt the following working attitude: "the
more you do, the more errors you make; the less you do, the less error you make",
but we ought not to have such an attitude.
Since morality/ethics is about "sets of value" and "ought to", it is difficult to set
a universal, objective and everlasting standard. For example, which one has a
higher value: a panda or the terra-cotta warriors and horses of the Qin Dynasty?
Differences between "Law" and "Morality":
1. Law is a tangible social system which is maintained by a systematic
mechanism, such as the courts responsible for judicial matters and the
disciplined services officers responsible for law enforcement. On the other
hand, morality is an intangible set of intrinsic value and an intangible social
consensus.
2. Law clearly defines whether certain behaviour is right or wrong, but it is more
difficult to set a uniform standard according to morality. For example, according
to the law, there is a clear, standardised and uniform definition on fraud.
3. In modern society, breaking the law will bring substantive punishment, but
violating moral standards may not result in any punishment.
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
4. Law mainly regulates human behaviour while morality regulates human
thoughts as well as human behaviour. For example, "stealing" is illegal, but both
"stealing" and "greedy" are immoral.
5. Since people breaking the law will suffer substantive punishment, we need a
more objective way to determine the loss of the victim or the punishment of the
defendant, but we do not need to consider these factors when addressing moral
issues.
6. In modern society, personal issues are seldom handled by law due to the
difficulty in satisfying the burden of proof requirements and the rise of
individualism, but morality always touches on personal conduct, such as love
issues.
Similarities between "law" and "morality":
1. Both law and morality reflects the sets of value of the society. In most cases, law
and morality take the same stance but have different ways of handling matters.
2. In most cases, both law and morality concern you and me and affect each other.
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Worksheet: Roundtable discussion on enacting criminal law
against keeping mistress
Since the reform opening up of China in the 80's, Hong Kong people have
always travelled between China and Hong Kong for work purposes. Some Hong
Kong people even work in China and only come back to Hong Kong on Saturdays
and Sundays for family union. Many of those working in the Mainland are men with
families in Hong Kong. Although these men have families in Hong Kong, some of
them still "keep mistresses" in the Mainland, meaning that a married men cohabit
with another woman and live as husband and wife even though they are not
married.
Since it has become increasingly popular for Hong Kong men to keep
mistresses in Mainland, some women's groups demanded that "keeping mistress"
be treated as a criminal offence, which means that the court may sentence a man
to prison on the ground that he "keeps a mistress". Below are the opinions
supporting and opposing the "enactment of criminal law against keeping
mistresses".
Auntie Shun, a resident in Ngau Tau
Kok:
Many men are despicable. They
Lawyer XXX:
What do you mean by "keeping a
mistress"? It is hard to have a clear
have devoted wives who take good
care of them and their children and
keep the family in perfect order, but
once they have a little more money,
they tend to have extramarital affairs
and deceive their wives. These men
should be sent to prison.
definition. If a man still loves his
ex-girlfriend after breaking up with her
or if a man has a one night stand, shall
that be considered the same as
"keeping a mistress"? The enactment of
such a law may lead to a large number
of unnecessary legal litigations.
Father Chan:
Marriage is a sacred commitment.
Uncle Mau, a resident in Wong Tai Sin:
It is difficult for even an honest
A man who "keeps a mistress"
commits adultery, and violates the
marriage commitment. This is immoral
and the man should be punished by
law.
official to examine family matters. There
must be a lot of reasons causing a man
to “keep a mistress”. This is a matter
between the married couple, and
people shall not stick one's nose into
other people's business. It seems too
harsh a punishment to send a man
“keeping mistress” to prison.
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Representative of a women's group:
Representative of the police:
According to the law, bigamy is
illegal and is a criminal offence.
Marriage is not only defined by a
marriage certificate. If a couple has
long-term sexual relationship, cohabits
or even has children, their behaviour
already constitutes "de facto marriage"
even if they have not signed a
marriage certificate. Therefore, the
court shall treat "keeping mistress" as
It is difficult for us to collect
evidence for cases of "keeping
mistress". If a man does not admit the
charge, shall we install a closed circuit
TV to catch adultery in the act just like a
private detective in a movie? These
measures are destructive to human
rights and are a waste of police
resources.
"bigamy".
Legislative councilor Lau Tim Fuk:
Legislative councilor Ho Kit Yan:
According to public opinion polls,
over 80% of the women in Hong Kong
agree to the "enactment of criminal law
against keeping mistress". Moreover,
"keeping mistress" leads to many
social problems, such as property
Hong Kong is a place where
human rights are emphasised. Two
people doing whatever in private
places, in particular if it concerns their
private life, shall be considered as
private matters, so long as it cause no
inheritance right of the illegitimate child
etc. If there is a criminal law against
“keeping mistress”, the matter can be
resolved easily.
harm to others. The court ought not and
does not have the ability to handle
these matters, and the government
shall not "enact any criminal law against
keeping mistress".
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Worksheet: Morality and Culture --- Ballad of Narayama
This is about a unique tradition in Shinshu, Japan in ancient time:
In ancient time, the villagers in a remote village in Shinshu, Japan were very
poor. Due to poverty, this village had an ancient tradition of deserting the elderly: All
the elderly were carried on the back of their family members to Mount Narayama
and left to die once reaching the age of 70. Orin was 69 that year and approaching
the age to be carried to Mount Narayama, but she was very healthy and was able
to catch more fish than anyone else in the village. This made her very distressed.
Orin was worried that once she left, her family would not have enough food, so she
quickly taught her family members how to catch fish and arranged all the affairs of
her family.
One day, Matayan, an old neighbour who was carried to Mount Narayama,
rushed back from the mountain in the middle of the night. His family members did
not allow him to enter the house, so Matayan kept shouting outside. The next
morning, Matayan was carried back to the mountain by his son again. When Orin
learned of the incident, she hastened to arrange the affairs of her family.
One year went by and Orin was worried that her eldest son Tatsuhei was afraid
to carry his mother up the mountain, just like his father, and being laughed at by
others. So Orin cracked out her own front teeth intentionally to make herself look
older and took baths in cold water to make herself sick, hoping that her son would
be more at ease when carrying her up the hill.
The day to carry Orin to the mountain was approaching, her son Tatsuhei was
so depressed. When the day was come, Tatsuhei slowly carried his mother to
Mount Narayama, he bid farewell to her mother finally and went back to the village.
1. Do you agree with the tradition of "carrying elderly up the mountain to leave
them to die"? Why?
2. Why do you think the villagers in Shinshu had the tradition of "carrying elderly
up the mountain to leave them to die"?
3. Why do you think the other villagers did not stop Tatsuhei's act? Explain your
answer.
4. Apparently, Orin was the victim of this tradition, but do you think Orin also
agreed with the tradition of "carrying elderly up the mountain to leave them to
die"? Why? Except Orin, who else would be the victim(s) of this tradition?
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Knowledge Content of the Subject --- "Culture" and "Morality"
What is "culture" and "tradition"
Culture and tradition are sets of common value, convictions, behaviour
standards, living patterns and identifications shared among a group. The group can
be a religious group, a nation, or the people of a region. Culture may exist in a
tangible or intangible form in society. The former includes art, architecture,
languages, legal systems and religious rituals. The latter includes thoughts, human
relationships and behavioural patterns.
Culture is a major component in establishing personal identity. Culture and
tradition are mainly passed on during the history of a certain group. They are
customs and sets of value handed down through generations. Therefore, culture
and tradition will change if the region, group and time are changed. For example,
according to the bushido of the traditional Japanese, failure is a big shame, but
Chinese people think that "failure is the mother of success". Both Islam and
Buddhism forbid its followers to get in touch with any alcoholic drink, and view
alcohol as evil. However, other religions have no such rule, and Christians even
drink wine to represent the blood of Christ during communions.
In ancient society, the social structure is more unitary. There might only be one
single race or religion in an entire country. People's national and religious identities
are stronger. Hence, culture has a more profound influence on them. In the modern
pluralistic society, however, the influence of tradition and culture is smaller.
Differences between "Cultural tradition" and "Morality":
1. In ancient society, cultural tradition and morality were closely related and had
mutual effects on each other.
2. Cultural tradition is usually regional or national. It is a commonly recognised
set of value in a particular region, group or nation. In the modern society where
information spreads quickly, moral standards extend across regions and are
universal. For example, the concept of human rights stems from the west but is
3.
4.
beginning to take root in oriental societies.
In modern society, national identity is not as clear and the influence of
individual cultural tradition on men is relatively smaller but the influence of
morality is everywhere.
In a country with one single nation, religion or group, the influence of cultural
tradition on its people is more significant. It affects even the enactment of laws.
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Similarities between "Cultural tradition" and "Morality":
1. In ancient society, morality and cultural tradition affected each other and were
even identical. However, with the continuous development of the society,
morality and religion have been separated gradually and are influencing the
society in independent ways. Now, we can still find unique moral values in a
culture and find cultural traditions of individual nations in moral standards.
These traditions may even become the mainstream sets of value, such as
"monogamy".
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Worksheet: Right of inheritance of female indigenous
inhabitants in the New Territories
In March 1994, Christine Loh, a former Legislative Councilor, proposed the
"New Territories Land (Exemption) Bill" with the view of amending the land
inheritance right in the New Territories. The Bill stormed the whole city when being
discussed in the Legislative Council. The New Territories Heung Yee Kuk initiated a
demonstration against the bill outside the Legislative Council and nearly a
thousand indigenous inhabitants in the New Territories joined the demonstration.
Besides, Heung Yee Kuk set up the "Headquarter of the Struggle for Protecting the
Community and Defending the Lineages" amidst tense atmosphere.
At that time, the headline "People in the New Territories threatening to rape
Christine Loh" appeared in a newspaper and Christine Loh became well known
among the public. The key points of the Ordinance are as follows:
1.
Before 1997, the British Hong Kong government respected the cultural
traditions, customs and the social structure - clan system of the indigenous
inhabitants in the New Territories. So when the "New Territories Ordinance"
was enacted in 1910, it was stated in provision 13 that the Court may enforce
Chinese customs on the land in the New Territories. On the issue of land
inheritance right, ancestral property was left along the male lines according to
Chinese traditional custom, which means that if a land owner does not make a
will, all agricultural land and rural land (urban land in the New Territories is not
affected) he owned will be inherited by his sons. If the land owner only has
daughters, the agricultural land and rural land will be inherited by his nephews.
If the land owner makes a will, the land will be allocated according to his will.
2. In March 1994, Christine Loh, the Legislative Councilor, proposed that except
for land held in the name of "tso" and "tong" (land left behind by ancestors), all
other agricultural lands shall be administered by the general laws of inheritance
in Hong Kong, which means that if a land owner made a will while alive, the land
will be allocated to specified relatives according to his will. If the land owner did
not make a will, the land shall be divided equally among his sons and
daughters.
At that time, the society was divided into two camps. The New Territories Heung
Yee Kuk which represented the indigenous inhabitants in the New Territories and
most of the indigenous inhabitants in the New Territories opposed the bill but urban
citizens /non- indigenous inhabitants of Hong Kong, accounting for nearly 90% of
the population, were in favour of the bill or did not oppose the bill. Below are the
opinions of the two camps supporting and opposing the bill.
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Mr. A, one of the gentry in the New
Christine Loh, the Legislative
Territories:
The enactment of the ordinance will
damage our long-standing traditional
custom, and does not respect our
traditional
culture
and
customs.
Traditionally, ancestral property has been
left along the male lines and this has not
caused any trouble.
Councilor:
The enactment of the ordinance
reflects the principle of equality
between genders. This will not
prejudice the right of the land owner.
If the land owner intends to give the
land to his sons, uncles, nephews
but not to his daughters, he may do
so by making a will. As a legislator,
we shall not allow the principle of
equality being compromised due to
unfair customs.
Mr. B, one of the gentry in the New
Territories:
Indigenous inhabitants have a stronger
sense of identity and we have our own
set of Chinese traditional customs and
practice. We also want to maintain and
A German in Hong Kong who
supports the bill:
Indigenous inhabitants in the
New Territories have many
"privileges". They have their own
traditional culture and customs, we
comply with such cultural traditions.
Indigenous inhabitants are more
conservative and making will is not a
popular practice. If a land owner has a
strong desire to leave his land to his
daughters, he will make a will. If he does
not propose to make a will, that means he
agrees with this custom.
Germans also have our own culture
and customs. Traditionally, a
German male will go up a mountain
to cut down a tree as a Christmas
tree to celebrate the festival. The
German government allows us to cut
down trees in forests. Why does the
Hong Kong government forbid us to
cut down trees in the mountains?
Does it mean that the government
does not respect our cultural
tradition?
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Mr. C, one of the gentry in the New
Supporter of the bill:
Territories:
Law cannot break away from local
traditional customs and practice. If there
is any injustice, the indigenous
inhabitants may compromise and settle
on their own. If the government presses
for a change in this traditional custom and
we are required by "an outsider" to "do
this and that", it will only cause
resentment. An outsider does not
What is "cultural tradition and
practice" after all? It is just an
excuse. There are many traditions in
China. Do the indigenous inhabitants
comply with them all? The
indigenous inhabitants claim that
they will protect the community and
defend the lineages, but many of
them had already emigrated to other
countries, and abandoned their
understand the spirit behind a tradition
and the living habits of indigenous
inhabitants. This is a situation whereby
agricultural land. Many of the village
houses in the New Territories had
been sold to people from another
"an outsider supervises an insider".
clan or urban people. The so-called
cultural tradition has disintegrated.
The indigenous inhabitants are just
protecting their own privileges and
private interest.
1. Summing up the opinions of the above people, what do you think are the most
important reasons for the people supporting or opposing the bill?
2. Why do you think the society was divided into two camps, with most of the
indigenous inhabitants opposing the bill and non-indigenous inhabitants supporting
the bill?
3. The New Territories Ordinance has been enacted for nearly 100 years. Why do
you think that no one proposed any amendment to the "New Territories Ordinance"
forty years ago and that amendments were only proposed in 1994?
4. Do you think "protecting the traditional culture and values of a particular clan,
religious group or nation" is "creating privileged classes"? Why?
5. Do you think cultural traditions and values will contradict with mainstream moral
values of the society? Why? Please illustrate with examples.
6. How shall we deal with conflicts between "traditional culture" and "moral value"?
Reference material:
1. "East Weekly", 75th issue, 30 March 1994
2. "Next Magazine", 1 April 1994
23
1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Knowledge Content of the Subject --Rationality and Open-mindedness
What is "rationality":
To a certain extent, rationality can be a skill, a thinking approach or a thinking
process. A rational thinking approach requires us not to regard authority, inspiration
and tradition as everlasting truth, but to believe in something only after thinking and
analysis. Then, how shall we think and analyse? There are two thinking
approaches, one is "deductive reasoning" and the other is the "inductive
reasoning".
Example of "deductive reasoning":
Premise 1: All human beings are
Example of "inductive reasoning":
Premise: All human beings that are seen
viviparous
have two hands.
Premise 2: My brother is a human being
Conclusion: My brother is one of the
Conclusion: Therefore, all human beings
viviparous
have two hands.
Similarities and differences between "deductive reasoning" and "inductive
reasoning":
1. "Deductive reasoning" stresses the truthfulness of the premise. If the premise
is correct, the conclusion must be correct. However, if the premise is incorrect,
the conclusion may still be incorrect even though the deduction process is
correct. For example:
Premise 1: Swans are white
Premise 2: All the birds in the lake are swans
Conclusion: All the birds in the lake are white
Premise 1 is incorrect because there are black as well as grey swans. So
even though the deduction process is correct, the conclusion may not be
correct, because the swans in the lake may be black or grey.
"Inductive reasoning" stresses experience and empiricism. Even though
the premise is correct, the conclusion may not be correct and may be
overturned. If you see a person with broken arms, or a person born with no
hand next time, it can be proved that the conclusion is incorrect.
2.
The premise of "deductive reasoning" covers the content of the conclusion. For
example, the meaning of "human being" necessarily includes being viviparous.
On the other hand, the conclusion of "inductive reasoning" may be beyond the
premise context. Therefore, the conclusion may not be correct even though
the premise is correct.
24
1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Relationship between rationality and morality
1.
2.
Before we make any moral decision, we need to go through the above thinking
process. We may not be able to determine whether the premise is "right" or
"wrong", but have we gone through any of the above thinking processes when
we make moral judgment? Did we verify our conclusions with our experience?
Did we deduce and infer a conclusion from our own value system?
When we understand that moral value, law and culture are closely related and
have mutual effect to each other, we can go through a more accurate thinking
and inferring process when dealing with moral issues.
What is "open-mindedness"?
To learn, understand and listen more about different cultures and traditional
values and laws of different countries and not to be prejudiced by first impressions
or regard a certain value, authority and inspiration as the truth without thinking.
Before making any moral decision, we need to go through a thinking and
analysing process. We need to understand more about different cultures, traditional
values and laws of different countries to widen one's horizon and experience, so as
to verify different moral values (inductive reasoning) more effectively. On the other
hand, to be open-minded and get in touch with different values may increase our
experience so that we may find a premise with which we identify and deduce our
own set of moral value after understanding a value system.
"Open-mindedness" = "without any stance", "bending with the wind"!?
1. Being "open-minded" is to understand and learn more about different sets of
value so as to find the moral value with which one identifies. It does not mean
making moral decisions arbitrarily or as one pleases or bending with the wind.
2. When we understand more about different sets of value, we will realise that
although others may make moral decisions different from ours, they may have
their own reasons, and may have also gone through rigorous thinking
processes. Although we may not agree with their moral decisions, we should
respect them.
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Worksheet: Rationality and Open-mindedness
Affected by culture, customs, laws, religions and due to various reasons, different
people have different opinions and make different decisions on the same moral
issue. Based on the principles of being rational and open-minded, give your
opinions to support or oppose the following issues.
Example I oppose abortion,
because
Premise 1: Killing a person is immoral.
Premise 2: A foetus is a person.
Conclusion: Abortion is immoral.
I support abortion,
Premise 1: Everyone has the freedom to decide
because
what to do with his or her own body.
Premise 2: A foetus is just a part of the body.
Conclusion: We may decide how to deal with the
foetus ourselves, such as undergoing an abortion
1.
I oppose pre-marital sex, Premise 1:
because
Premise 2:
Conclusion:
I support pre-marital sex, Premise 1:
because
Premise 2:
Conclusion:
2.
I support the marriage of Premise 1:
homosexual couple,
because
Premise 2:
Conclusion:
I oppose the marriage of Premise 1:
homosexual couple,
because
Premise 2:
Conclusion:
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Teacher references
1.
2.
3.
4.
5.
6.
7.
李天命，＜李天命的思考藝術＞。香港：明報出版社，1991。
趙文宗、林滿馨。＜社會工作與法律＞。香港:進一步多媒體有限公司，1999。
陳弘毅。＜香港法概論＞。香港：三聯書店，1999。
鄭赤琰。＜基本法與原居民合法權益：從國際經驗談起＞。香港：嶺南大學族
群與海外華人經濟研究部，2000。
關啟文。＜我信故我思：真理路上的摯誠探索＞。香港：學生福音團契出版社，
1998。
賴品超。＜邊緣上的神學反思：徘徊在大學、教會與社會之間＞。香港：基督
教文藝出版社，2001。
歐陽可興。＜語理分析的思考偽術 --- 一個宗教冥想的哲學角度＞。香港：佛
教慈慧服務中心，2000。
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1.2 Normative Ethics --- The Nature of Morality --- Moral reasoning --- The Nature of Morality
Student references
I. Books
1. 關啟文。＜我信故我思：真理路上的摯誠探索＞。香港：學生福音團契出版社，
1998。
II. Websites
1. 中文維基百科 --- 法律哲學
http://zh.wikipedia.org/w/index.php?title=%E6%B3%95%E5%BE%8B&variant=zh-tw
2. 中文維基百科 --- 傳統
http://zh.wikipedia.org/w/index.php?title=%E5%82%B3%E7%B5%B1&variant=zh-tw
3. 中文維基百科 --- 風俗
http://zh.wikipedia.org/w/index.php?title=%E9%A2%A8%E4%BF%97&variant=zh-tw
III. Newspaper and magazines
1. "East Weekly", 75th issue, 30 March 1994
2. "Next Magazine", 1 April 1994
IV. Movies
1. “Ballad of Narayama”
2. “Unwritten Law”
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