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Nolan's Odysseus is no Homeric hero, but a guilt-ridden modern who accidentally speaks Confucian: Greek scholar_我的网站

A |           　　我国法律法规对遛狗行为有着明确规范。比如，民法典明确犬只伤人时饲养人的侵权赔偿责任;《中华人民共和国动物防疫法》要求携犬出户系绳、佩戴犬牌，做好免疫等等。如果遛狗没牵绳，狗发生伤亡，责任又该如何承担?      　　杨女士遛狗没拴绳，狗被汽车撞伤，住院治疗花了不少医疗费钱，杨女士将车主起诉到了法院。    

    Illustration: Liu Rui/GTChristopher Nolan's new film has attracted considerable attention from audiences and critics around the world. Particularly interesting is its reception in China, where the Beijing premiere provided the occasion for a conversation between Nolan and the Chinese political philosopher Zhong Shu. 
We shall first consider some of the positive and negative appraisals of the film, before turning to its significance for Chinese viewers and, more broadly, to possible comparisons between the philosophical and cultural traditions of East and West. This commentary draws primarily on reviews by Emily Wilson in the London Review of Books and in The Atlantic, and Daniel Mendelsohn in the New York Review of Books, as well as on questions raised by Zhong Shu.
It should first be acknowledged that Nolan has produced an impressive action movie, condensing and abridging most of the major episodes of Odysseus' adventurous journey back to Ithaca. Avoiding digital technology based on artificial screens, he gives the story an unusually tangible quality. 
The film also benefits from a distinguished cast, whose performances illuminate the different strands of the narrative as conceived by the director. At the same time, the viewer is invited to reconstruct the complex temporal layers of the epic, extending from the fall of Troy to Odysseus' homecoming (nostos), his reunion with Telemachus and Penelope, and the harsh punishment of the suitors.
Many objections concerning anachronisms in costumes and armor, the use of American English, details of the Mycenaean or Archaic periods, or the casting of particular characters seem unfair. Some degree of anachronism is inevitable, and the pursuit of historical or textual fidelity would ultimately be futile. Nolan was obliged to omit or substantially rework parts of the original narrative in order to fit it into a three-hour film. Some omissions are nevertheless regrettable -- notably the treatment of the Cyclops episode and Odysseus' descent into the Underworld, as well as the complete omission of the Phaeacian episode and his encounter with Nausicaa.
There are, however, more serious grounds for concern with regard to the central idea underlying Nolan's reinterpretation of the Odyssey. In his attempt to convey a modern moral message largely alien to Homer's world, Nolan presents an Odysseus who has surprisingly little in common with the "complicated" (polytropos) man depicted by the ancient poet. The ethical ambiguities of a shrewd and resourceful character, ready to deceive and to commit violence in pursuit of his ends, are largely absent from Matt Damon's Odysseus. Instead, we encounter a hero repeatedly tormented by guilt for atrocities perpetrated or condoned during the Trojan War and consequently seeking some form of atonement.
Zhong Shu is therefore justified in asking Nolan whether he intends to "Christianize" Odysseus. The filmmaker seems to have moved him, almost imperceptibly, from what anthropologists have described as a "shame culture" -- the world of Homer, in which honor and fame, as perceived by others, are of central importance -- to a "guilt culture," characterized by an internalized sense of responsibility and remorse for wrongdoing. This latter moral orientation emerges with classical Greek ethics, particularly with Socrates and Plato, and reaches its fullest expression in Christian and post-Christian conceptions of morality.
Nolan appears to believe that such a transition toward guilt follows naturally once we recognize the force of a commitment to "Zeus' law," particularly in the obligations of mutual hospitality (xenia). He connects these obligations with a version of the "Golden Rule," understood as a principle of reciprocal respect in our treatment of others. 
This, however, is problematic as a construal of Homeric morals. Early variants of the Golden Rule can be found from the fifth century BC onwards in Democritus and Isocrates, and later in Epictetus and, of course, in the teachings of Jesus. More importantly, the moral conscience Nolan attributes to Odysseus not only "Christianizes" him; it arguably "Kantianizes" him as well. "Zeus' law" is presented almost as a universal proto-categorical imperative, something that could readily be endorsed by Kant. This differs significantly from the ancient injunction against hybris: the warning against excessive pride, the transgression of human limits, and the violation of the divine and cosmological order that we encounter throughout Homer's epics.
One may, of course, concede to Nolan the artistic right to create his own Odysseus: a depressed war veteran, conscious of the dangers of violating moral rules, and concerned with preserving the normative foundations of civilization. The difficulty lies elsewhere. Nolan's attempt to accommodate this new hero and his moral psychology within the narrative framework of the original Odyssey is not entirely successful. The result is a tension between the Homeric story the film seeks to reconstruct and the modern moral drama superimposed upon it. This tension, I believe, accounts for much of the film's weakness.
When we turn, however, to the horizon of the Chinese tradition, a more intriguing possibility emerges. The moral dimension of Nolan's Odysseus may be closer to certain aspects of Confucian thought than to the Homeric model. Confucian relational role ethics can be interpreted as encouraging a form of moral self-consciousness in which responsibility, integrity, and the cultivation of the self become increasingly internalized. In this qualified sense, one might speak of a movement from "shame" towards something resembling a "guilt" culture.
The Golden Rule is also prominent in Confucian teaching. Furthermore, the demand to examine and rectify one's conduct in accordance with yi (righteousness), while cultivating ren (benevolence or humaneness), can be understood as pointing toward a more inward and spiritual form of the Greek nostos: a return not simply to one's geographical home, but to one's moral center, situated within a network of relationships.
In addition, Nolan's relative downplaying of divine intervention, and his tendency to integrate the divine dimension into a more naturalistic moral order, may make his construal more congenial to the practical ethos of Chinese philosophy than to a worldview grounded explicitly in metaphysical theology.
There is, therefore, a certain paradox. Although Nolan's film may be criticized as an interpretation of Homer, its very misreading of the epic may enable it to contribute to a dialogue between East and West. By transforming Odysseus into a figure whose moral conscience combines Christian, Kantian, and perhaps unexpectedly Confucian elements, Nolan brings into contact traditions that otherwise belong to very different intellectual worlds. His Odyssey is not true to Homer's spirit. But precisely for this reason, it raises questions about how different civilizations understand responsibility, moral identity, the relation between the individual and the community, and, ultimately, the meaning of returning home.
The author is a Professor Emeritus of Philosophy with the National and Kapodistrian University of Athens and Secretary of the Center of Greek and Chinese Civilizations. [email protected]
。北京市平谷区人民法院近日审结此案，认定杨女士承担主要责任。法院判决的理由是什么?此类纠纷预防，法官有何提示?遛狗没牵拴狗绳      　　狗被汽车撞伤      　　事情发生在今年1月26日，杨女士在河边遛狗，没牵拴狗绳，狗向硬化路面跑去。杨女士追上来的时候，狗已经被撞伤了。

B |      　　北京市平谷区人民法院法官助理 宋君杰：因为杨某没有牵狗绳，狗跑到硬化路面被通行车辆撞到，受伤后狗被送到宠物医院治疗花费8000余元。贾某驾驶的车辆在保险公司投保了交强险和商业三者险350万。     　　遛狗未牵绳是引发事故核心原因      　　饲养人负主责      　　杨女士起诉到法院，要求贾先生和保险公司赔偿狗的医疗费用。北京市平谷区人民法院法官张慧主审此案，她强调，贾先生要不要赔偿，得看双方对事故的责任比例如何划分。     　　张慧：《北京市养犬管理规定》规定了携犬出户时，应当对犬束犬链、由成年人牵领、遛狗必须佩戴牵引绳，这是饲养人的法定义务。这个案子中：      　　饲养人遛狗未牵绳，放任狗随意闯入车道，是引发本次事故最直接最核心的原因;      　　本案的机动车驾驶人没有尽到仔细观察路况安全驾驶的注意义务，是事故发生的次要原因。     　　所以法院最终认定饲养人对本次事故负主要责任。     　　依据法律规定，机动车发生交通事故造成损害，属于该机动车一方责任的，先由交强险赔偿;不足部分，由承保机动车商业保险赔偿;仍然不足或者没有投保机动车商业保险的，由侵权人赔偿。事故发生在贾先生投保的保险责任期间，法院对杨女士主张医疗费，根据她提交的发票等予以认定;对于她主张的交通费、误工费、狗贬值损失，认为于法无据，不予支持。最终，法院判决保险公司赔偿杨女士3800元。

C | 狗的医疗费，属于财产损失。     　　张慧：交强险的赔偿是有限额的，其中财产损失赔偿限额是2000元，超出的部分如果投保了机动车商业险，就由承保商业险的保险公司根据保险合同的约定赔偿。

D | 如果没有投保机动车商业险或者损失，并不在商业险承保范围内，就由侵权人自己承担。     　　狗贬值、精神损害赔偿难获支持法院为何不支持杨女士关于狗贬值损失的主张?      　　张慧：狗的贬值损失属于间接损失，间接损失只有在法律有明确规定的情况下，法院才会支持。另外宠物的本质是陪伴型生命体，并不适用于交易流通的商品，很难有统一公认的市场折旧贬值评估的标准，贬值金额很难量化，所以法院并没有支持狗的贬值损失的主张。     　　在一些涉宠物丢失、伤亡的纠纷中，饲养人会主张精神损害赔偿，杨女士却并未就此提出诉求。

E | 宋君杰告诉记者，根据民法典的规定，只有故意或者重大过失侵害自然人具有人身意义的特定物，并且造成严重精神损害后果的，才能够主张精神损害赔偿。

F | 普通宠物在法律上属于财产，即便主人感情很深，也并不直接等同于具有人身意义的特定物，需要非常严格的举证。

G |      　　宋君杰：宠物对饲养人而言具有严格的人身纪念意义、情感寄托属性，属于具有人格象征意义的特定纪念物品，同时，饲养人还得能够充分举证，长期陪伴、特殊情感、唯一纪念价值等。所以在司法实践当中，绝大多数宠物伤亡案件，法院是不支持精神损害赔偿的，只有极特殊情形才会酌情考量。     　　法官提示各尽其责      　　汽车撞伤狗类的机动车交通事故责任纠纷，在责任划分时，法院会综合考虑宠物饲养人和机动车驾驶人的过错程度。     　　北京市平谷区人民法院立案庭(诉讼服务中心)庭长刘晓娟：提醒动物饲养人要尽到安全管理义务，外出一定要牵好牵引绳，大型犬还应佩戴嘴套，不要因为“我家狗听话”“就在楼下跑一会儿”等侥幸心理而放松警惕。司机朋友们在驾车时也要尽到安全注意义务，遵守交规，谨慎驾驶，注意观察周围情况，确保行车安全。

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