夫妻生育权平等的冲突及其法律思考

我国婚姻法规定夫妻双方均有生育权,但事实上生育的最后支配权往往掌握在女性手中,导致近年来发生了许多有关夫妻生育权是否平等的争讼案件,受到了社会舆论和法律界的广泛关注.夫妻生育权的地位应重新审视,当因夫妻生育权的平等而发生侵权冲突时,必须在侵权法上进行适当解决,以维系各种社会关系的和谐发展.     

辅助生育权:基于夫妻身份的考量

建立在人格权基础上的生育权理论无法解决辅助生育权的基本问题.辅助生育权是人工生殖技术催生的新型权利,其理论基石是夫妻身份权.人类辅助生殖技术以治疗不孕症为惟一目的.辅助生育权专属于夫妻共同体,是生育权的延伸,是不孕症夫妇生育权的医学实现.     

试论夫妻侵权之民事救济

构建合理的夫妻侵权救济制度,需要实体法和程序法的共同努力,要明确夫妻侵权的概念及构成要件,合理界定夫妻侵权行为的范围,规定适用于夫妻侵权的特殊诉讼时效,建立以损害赔偿为主,非财产责任与民事制裁方法并用的方法.     

间接原因致医疗损害的责任分析

分别侵权是数人侵权的一种特殊形态,医疗事故中此种侵权类型极其罕见,也因此在司法实践中易与共同侵权混淆。通过对司法实践中的个案分析可以明确二者的界限,也能更好地发挥对实践的指导作用。在原因竞合导致的侵权案件中,直接原因一般是导致损害结果发生的主要原因,行为人因此一般承担主要责任,间接原因一般是损害结果发生的次要原因,行为人一般承担次要责任。然而这并非绝对,通过对一例司法个案中两医院侵权行为形态及责任划分的分析却可以看到,该案中间接原因虽非导致损害结果发生的直接原因,但行为人承担了主要责任。     

团契生活

山东省德州市连陈街基督教会于2011年1月27日至29日,举办第三期夫妻团契活动。自连陈街教会去年举办夫妻团契以来,诸多的家庭发生了质的变化,夫妻关系进一步融洽。     

处理夫妻吵架的艺术

青年男女结婚之后就成了夫妻。夫妻双方有因性格相投而永结同心的,也有因性格相反而白头偕老的,有用尊敬来表示爱的,也有用谐谑来表示爱的,但夫妻之间磕磕碰碰,发生磨擦,甚至吵架大都在所难免,诚如俗语所说:“不吵架不成夫妻”。 夫妻吵架大都是有缘由的,但争吵起来之后就成了大事一桩。因为争吵起来之后,感情之野马很难驾驭.都想用一句恶狠狠的刻簿话     

论控辩平衡

远古以降，人们从以暴制暴的私力救济中走出，于理性的驱使下探寻人性尊严之有效实现及平等对待。在诉讼中，尊严价值的彰显尤以视平等、均衡为实质的程序正义为甚。作为程序正义之代表的控辩平衡理念在优化刑事诉讼结构、促进司法公正方面起着尤为重要的作用。鉴于我国刑事诉讼改革道路阻且长，构建科学的诉讼机制实是解决频发的司法侵权问题的一剂良方。     

当代公民婚姻道德观状况实证研究——基于对江苏省的调查

基于实证研究,当下婚姻道德观的文明程度在不断提升,爱情动因既功利又超功利.爱情的存在只是婚姻满意的前提,夫妻经济地位的平等和物质生活务件的逐步改善才是婚姻持续幸福的保障.爱情和道德责任相互结合是确保婚姻美满的两大支柱.对婚外情宽容而不纵容体现了原则性与灵活性相结合的辩证思维.     

“夫妻相”与“夫妻像”

十几年前,正在恋爱的时候,我和刚恋爱不久的女友穿着情侣装去坐长途车,大概那时还不太兴情侣装,司机见了说:“你们是兄妹吗?”我们没回应。他继续说:“你们长得很像!”我回应说:“很像吗?”心里暗喜!结婚后,在好多场合,我们被赞为有“夫妻相”。我相信,这种夫妻相以及接下来的夫妻像,会越来越进深。夫妻相,我想不一定每对夫妻都有,也不能强求,更不能迷信,但夫妻像却是一个事实,且是可以在每对已婚的夫妻中间发生的,更是越久越像。当然,我所指的像,不仅仅是外貌相像,而是就各个层面而言的。     

老年人夫妻依恋稳定性及其与配偶支持的关系

通过追踪研究,考察了老年人夫妻依恋的稳定性及配偶支持情况对夫妻依恋稳定性的影响.共有75名配偶健在的老年人参与了间隔3年的两次调查,第一次参与研究时的年龄范围为60~84岁.老年人夫妻依恋问卷和配偶支持问卷分别用来测量夫妻依恋和经历生活事件时夫妻间的支持情况.结果表明:(1)老年人夫妻依恋安全、依恋焦虑和依恋回避的跨时间稳定性较低;(2)对于依恋的变化,配偶支持是较生活事件发生数量更有效的预测指标,觉知到的配偶支持水平和支持满意度能够显著预测依恋安全、依恋焦虑和依恋回避分数的改变.     

Success and failure among polygamous families: the experience of wives, husbands, and children

In this study, we interviewed 10 polygamous families, all residing in a Bedouin Arab town in the south of Israel and consisting of 1 husband, 2 wives, and children. Five members were interviewed in each family: first wife, second wife, the oldest child of the first wife, the oldest child of the second wife, and the husband. Five families were considered well-functioning families and five as poorly functioning. Findings suggest that polygamy in both well-functioning and poorly functioning families is painful, particularly for wives. Yet, there are many ways and techniques that enable members of the family to function well. Among them are acceptance of polygamy as God's wish or destiny, equal allocation of resources among both families by the husband, separation between the two households, avoidance of "minor" conflicts and disagreements, maintaining an attitude of respect toward the other wife, and allowing open communication among all siblings, and among children and the other mother. We discuss the need to develop, implement, and evaluate family intervention programs for polygamous families among different communities in the world.     

Taurek, Numbers and Probabilities

In his paper, “Should the Numbers Count?" John Taurek imagines that we are in a position such that we can either save a group of five people, or we can save one individual, David. We cannot save David and the five. This is because they each require a life-saving drug. However, David needs all of the drug if he is to survive, while the other five need only a fifth each. Typically, people have argued as if there was a choice to be made: either numbers matter, in which case we should save the greater number, or numbers don't matter, but rather there is moral value in giving each person an equal chance of survival, and therefore we should toss a coin. My claim is that we do not have to make a choice in this way. Rather, numbers do matter, but it doesn't follow that we should always save the greater number. And likewise, there is moral value in giving each person an equal chance of survival, but it doesn't follow that we should always toss a coin. In addition, I argue that a similar approach can be applied to situations in which we can save one person or another, but the chances of success are different.     

Federal District Court Decision Making in Public Forum and Religious Speech Cases, 1973–2001

This article investigates federal district court decision making in First Amendment lawsuits concerning religious expression and public forums. As trial courts, district courts are the first to adjudicate claims concerning religious speech in public places and thus they determine whether a public forum is open to expression in general, as well as grant or deny access to that forum for a religious speaker. With a comprehensive database of all district court cases concerning religious expression and public forum doctrine, we use logistic regression to measure the significance of several legal and extra-legal variables in order to explain district court outcomes.     

Knowledge and Attitudes of Occupational Therapy Practitioners Regarding Wife Abuse

ABSTRACT

The purpose of this study was to determine if occupational therapists possess the ability to identify wife abuse by measuring their knowledge and attitudes about such abuse. A sample of 202 occupational therapists answered an average of 65% of knowledge questions correctly. Respondents were found to have empathic attitudes towards wife abuse and its victims, but were only slightly positive about the role occupational therapy should play in the identification of wife abuse. Knowledge and attitudes regarding wife abuse and the role of occupational therapy in its identification were all found to be significantly positively correlated.     

ON THE DATING OF FREUD'S ALIQUIS SLIP

In a recent article in this journal, Philip Kuhn (1999) criticised Peter Swales's 1982 thesis that Minna Bernays, Freud's sister-in-law, aborted the child that she had conceived by Freud during their summer travels together in 1900, and proposed instead that the aliquis slip of around this time reveals a momentary fear of Freud's that his wife was once again pregnant. This author contests Kuhn's argument by demonstrating that key speculations underpinning his paper cannot be sustained, that the aliquis slip did not occur at the time he presumed, that the woman referred to in the aliquis slip could hardly have been Freud's wife and that there is no reason to suppose that Freud fabricated part of his analysis in the way that Kuhn suggests. On the basis of new empirical evidence the timing of the aliquis slip is established and the likelihood of it concerning Freud's anxiety about the possible pregnancy of his sister-in-law is reasserted.     

Epistemic authority: preemption through source sensitive defeat

Modern societies are characterized by a division of epistemic labor between laypeople and epistemic authorities. Authorities are often far more competent than laypeople and can thus, ideally, inform their beliefs. But how should laypeople rationally respond to an authority’s beliefs if they already have beliefs and reasons of their own concerning some subject matter? According to the standard view, the beliefs of epistemic authorities are just further, albeit weighty, pieces of evidence. In contrast, the Preemption View claims that, when one discovers what an authority believes, it is not permissible to rely on any of one’s own reasons concerning the subject matter. The original version of this view, as proposed by Linda Zagzebski, has recently been severely criticized for recommending blind trust and for abandoning even minimal standards for critical thinking. In our paper, we defend a new version of the Preemption View—Defeatist Preemptionism—in a way that differs radically from Zagzebski’s. We argue that our view can be derived from certain widely accepted general epistemic principles. In particular, we claim that preemption can be identified as a special case of source sensitive defeat. Moreover, we argue that Defeatist Preemptionism does not lead to the undesirable consequences that critics ascribe to the Preemption View. The paper thus articulates the foundations and refinements of the Preemption View, such that it adequately captures the phenomenon of epistemic authority and the rational requirements related to it.

     

Institutional responses to medical mistakes: ethical and legal perspectives.

Health care institutions must decide whether to inform the patient of a medical error. The barriers to disclosure are an aversion to admitting errors, a concern about implicating other practitioners, and a fear of lawsuits and liability. However, admission of medical errors is the ethical thing to do and may be required by law. When examined, the barriers to such disclosures have little merit, and, in fact, lawsuits and liability may actually be reduced by informing the patient of medical errors. Therefore, a health care institution should implement a written policy providing for disclosure of medical errors, using a process such as that outlined in the article.     

Beliefs of Jordanian Women About Wife–Beating

The beliefs of 356 Jordanian women about wife–beating were investigated, using a self–administered questionnaire. The participants showed a strong tendency to justify wife–beating, to believe that women benefit from violence against them, and to blame women for their beating. Furthermore, the participants expressed clear opposition to formal assistance for battered women from governmental agencies. In this vein, they considered wife abuse a personal problem that should be treated within the family. The results also revealed that while the women showed a weak tendency to blame violent husbands for wife abuse, the prevailing belief was that violent men should not be punished for their behavior. The results are analyzed in light of the patriarchal ideology that typifies Arab culture and predominates in Jordanian society. Finally, the article discusses the implications of the results for future research, prevention, and establishment of appropriate services for combating wife abuse in Jordanian society.     

Well-Being and Fairness

The article explores the interaction of two, potentially clashing, considerations, each reflecting a different conception of fairness concerning the resolution of interpersonal conflicts. According to the Equal Chance Principle, the harm for each person should be minimized in a significant and (roughly) equal degree; when this is impossible, each person should be accorded the highest possible equal chance to avoid the harm. According to the Importance Principle, the danger to the person who would otherwise suffer the more serious harm should be prevented. An erratum to this article is available at .     

Summation,Variety, and Indeterminate Value

In this paper, I consider two sorts of objections to summative theories of value. The first objection concerns “indeterminate” value. The second concerns the importance of variety. I argue that both objections pose serious problems for the summative approach. I also argue that if we accept certain plausible views about the value of variety, we should reject certain forms of argument concerning what sorts of states have intrinsic value.