Have library access?
IP:3.236.116.27
  • Journals

平衡「見諍」的操作槓桿-「言論自由」與「宗教容忍」的佛法觀點

A Balancing Mechanism for Dispute Resolution-Buddhist Reflections on Freedom of Speech and Religious Tolerance

Abstracts


眾生界的爭鬥,有「欲諍」與「見諍」兩種。宗教人士值遇不同的宗教信仰,乃至同一宗教內部的不同學說、不同信念,往往就會產生攻防激烈的「見諍」。而擁有「懲罰」權柄的統治者(包括擁有某種程度之公權力的宗教統治者),很有可能成為異議份子的審判者與加害者。平衡「見諍」的槓桿,就是「言論自由」。對特定宗教或宗教人士施加毀謗或羞辱,未必會受到「言論自由」的法律保障。然而華人社會的宗教組織與宗教人士,鮮少透過司法途徑以爭取公道,原因是,世人普遍認定,「不與世人計較」是宗教人士應有的修為。一般宗教人士衡諸此一不利形勢,只好放棄維護清譽的法律保障。這樣一來,羞辱或誹謗宗教者往往有恃無恐,食髓知味,甚至變本加厲。然而,看似不須付出代價的辱謗行為,卻往往引火自焚。原因是,一再對無辜者施加惡言與惡行,將會依「串習」力而形成致命的惡習與惡癖,卒而付出無法承受的慘重代價。面對種種辱謗,究竟是採取「容忍」態度,還是「還擊」方法為妥?就個人而言,可選擇「正知而住」並予以「斷緣」,也可選擇依慈悲心而予以適切回應,以免姑息養奸,造成「惡人肆意為惡」,「弱勢無助受苦」的負面效果。宗教組織面對辱謗,則應積極導正視聽,必要時即便尋求司法途徑,亦不為過。

Keywords

欲諍 見諍 言論自由 公然侮辱 誹謗

Parallel abstracts


For all sentient beings, conflicts may occur, because of our two major mental attachments to, first, the craving or desire and, second, ideas, views, theories, and beliefs. Religious beliefs tend to generate disputes, not only between people of different religious traditions, but also among those who follow different ideals within a religion. A ruler who can exercise punitive authority, just like religious leaders who hold a certain degree of public power, may possibly become a judge and oppressor against dissidents. To balance and manage disputes over different views, the lever will be the freedom of speech. People who slander or humiliate a religion or its followers may not be necessarily protected under free speech laws. However, in Chinese society religious organizations and persons rarely seek judicial remedy for injustice committed against them. The reason can be found in the stereotype that most people hold to regard "avoiding argument" as a praised religious behavior. Being led to unfavorable evaluations, religious people tend to give up reluctantly their legal rights to protect their reputation. As a result, those people with speech that insults religions have no fear of being prosecuted. Taking advantage of the situation, they even abuse and misuse deliberately the right to freedom of speech. However, people with the seemly cost-free insulting and slanderous behavior often invite more trouble for themselves. Because a person who repeatedly acts against the innocent with evil speech and deviltry will be repaid by acquiring a deadly bad habit and character through the force of habitual tendencies, and finally ends up with a disaster or price that he/she can't afford. After all, which approach is more proper to deal with all kinds of insults and slander in front of us? Tolerance or fighting back? A person may choose to stay calm with "sampajanna" and then disconnect him/herself from all possible ties/factors that might lead him/her to response. Alternatively, one can choose to give an appropriate response with great compassion, in order not to nurse a viper in their bosoms and cause negative effects by allowing evil and suffering to occur. As for religious organizations, while facing disgrace and slander, they should actively ensure public understanding of the facts, and when necessary, go through judicial process for an equitable remedy which cannot be too much encouraged.

References


《雜阿含經》,《大正藏》冊2。
釋昭慧(2009)。法與律的深層探索。台北:法界出版社。
柯建銘,〈今日委員會質詢的心情筆記—慈濟篇〉,https://www.facebook.com/permalink.php?story_fbid=1613406392236417&id=10000701214 9156。2015.8.6 線上查索。
釋昭慧,〈歧視的名稱宛如烙印的牲畜─反對使用「尼姑」稱謂原委〉,刊於《自由時報》「自由廣場」,2003 年6 月1 日。
釋昭慧(2003)。歧視的名稱宛如烙印的牲畜─反對使用「尼姑」稱謂原委。弘誓雙月刊。63

Read-around