合伙民事主体资格再探究--从德国学界对此问题的讨论及其相关判决说起

合伙民事主体资格问题向来是学界讨论的一个热点问题.本文将从德国法学界对此问题的讨论入手,并介绍德国联邦最高法院新近对合伙民事主体资格问题的一个著名判决,进而在对我国学界对此问题研究总结的基础上,提出自己的观点和意见.     

问题解决中的元认知研究

问题解决中的元认知是一个很有研究价值的新课题,它对于提高教学效果,开发人的智能有重要意义。本文介绍了问题解决中的元认知独立存在的实验证据,它是一种独立的认知过程;并概述了问题解决中的元认知本质研究的另一个问题：元认知和言语活动的关系;最后着重介绍了有关元认知训练的问题。     

对直觉语义不完全语句的一种流行释义的质疑

直觉上语义不完全的语句是语境主义用以反对语义学最小主义的主要论据之一。目前,最小主义者对此有一种较为流行的应对策略,即将其统一释义为存在量化的语句。对此笔者提出三项质疑:一,此种解释策略所给出的释义与原来语句的语义内容并不等价;二,此种解释策略不能得到句法和语义学事实的支持;三,此种解释策略没有句法根据。由此可得到一个一般性的结论:存在量化的释义既不符合最小主义者坚持的语义学基本原则,也不能成功解决他们原初意图用它解决的问题。     

试论观察系方法及其在信息研究上的运用

信息的本质是什么?对此人们已经讨论了一、二十年也未得到一致的认识。看来,光靠科学来解决这种问题是不够的,有必要从哲学方法论上进一步探索。本文提出一种新的观察系方法,并试图用此方法来考察一下     

人类与地理环境的协调发展

人类的一切活动都离不开环境。随着科学技术的发展，人类对环境的作用越来越广，影响程度越来越深，对环境的污染和生态的破坏也日益增强。同时，环境的反作用已使全球的环境问题渗透到我们日常生活的方方面面。对此，大家要行动起来，为解决环境问题尽一份责任。     

现代西方善恶评价理论述评

善恶评价的性质和善恶评价的真理性问题是伦理学研究的难点问题。现代西方伦理学界对此问题也多有探讨。对现代西方善恶评价理论的主要观点的介绍,有助于我们深化善恶评价问题的研究。     

基础医学研究向临床实践转化存在的问题与对策

无论是医学教育还是研究,其最终目的是向临床实践转化,为广大患者服务.随着现代医学的迅速发展,许多医学领域遗留的问题得到了解决和发展,但如何把握教育、研究和实践三者的关系及其定位,认识到研究与实践之间的差距,弥补临床实践中应用不足等问题是值得我们深思和探索的问题.对此现象与相关改良措施作一初步探讨.     

现代认知心理学对于问题解决的研究

问题解决(problem-solving)是现代认知心理学核心的研究课题之一。本文拟对它在这方面的一些具体研究作简要的介绍。 (一)问题解决的定义什么叫问题解决?现代认知心理学的定义是:问题解决是一系列的有目的指向的认知操作过程,需要产生新的程序的问题解决叫做创造性问题解决,使用现有程序的问题解决叫做常规性问题解决。因此可以认为,同时具有了三个条件的活动才称得上是问题解决活动。一是具有目的指向性,二是具有一系列操作,三是具有认知操作。按照这三个条件去衡     

解决现代西方伦理危机的实践哲学进路

现代西方伦理危机的实质是道德个体主义与道德共识的冲突.如何解决这一矛盾已成为解决现代西方伦理危机的核心课题.对此,西方新旧自由主义和共同体主义都给出了较具代表性的回答.然而,要真正解决问题还应到马克思的实践哲学中寻找答案.在马克思实践哲学的视域内,道德个体主义与道德共识的冲突源于人本体论存在的矛盾,这种矛盾只有在现实的实践活动中才能解决.所以,实践哲学进路是解决现代西方伦理危机的现实之路.     

牟宗三解决康德的圆善问题了吗?

<正>《圆善论》是牟宗三晚年的一部重要著作,牟宗三自己对这部著作十分重视,评价甚高,认为它已经圆满而真实地解决了康德的圆善问题。但是,牟宗三是否真的达到了预期目的呢?近年来,我对此进行了较为系统的研究,得出了否定性的结论。这个问题涉及面很宽,受主题和篇幅所限,本文所     

Errors in subtractions: judged and observed frequencies

In a first study 10 adults, aged 24-44 years, solved all 105 subtraction problems in the form M - N = , where 0 < or = M < or = 13, 0 < or = N < or = 13 and N < or = M. Each participant solved every problem 10 times and in total there were 10 500 answers. Answers, response latencies and errors were registered. Retrospective verbal reports were also given, indicating how a solution was reached: (1) via a (conscious) reconstructive cognitive process or (2) via an (unconscious) reproductive (retrieval) process. The participants made 291 errors (2.8%) when solving the subtractions in study 1. The rate of self-correction was very high, 92%. In a second study 27 undergraduate students estimated overall error rates, including self-corrected errors for the 105 subtraction problems used in the first study. Judged and actual error rates were compared. The participants systematically underestimated error rates for error prone problems and overestimated error rates for error free problems. The participants were fairly accurate when they predicted problems that were most error prone, with a hit rate of 0.67 for the (18) problems predicted as the most error prone ones. In contrast, predictions of which problems were error free were very poor with a hit rate of only 0.20 of the problems predicted as error free really having no errors in study 1. The correlation between judged error rates and frequencies for actually made errors was 0.69 for answers belonging to reconstructive solutions. In contrast, there was no significant correlation between judged and actual error rates at all for retrieved solutions, possibly reflecting the inaccessibility to consciousness of quick retrieval processes.     

The reference class problem is your problem too

The reference class problem arises when we want to assign a probability to a proposition (or sentence, or event) X, which may be classified in various ways, yet its probability can change depending on how it is classified. The problem is usually regarded as one specifically for the frequentist interpretation of probability and is often considered fatal to it. I argue that versions of the classical, logical, propensity and subjectivist interpretations also fall prey to their own variants of the reference class problem. Other versions of these interpretations apparently evade the problem. But I contend that they are all “no-theory” theories of probability - accounts that leave quite obscure why probability should function as a guide to life, a suitable basis for rational inference and action. The reference class problem besets those theories that are genuinely informative and that plausibly constrain our inductive reasonings and decisions. I distinguish a “metaphysical” and an “epistemological” reference class problem. I submit that we can dissolve the former problem by recognizing that probability is fundamentally a two-place notion: conditional probability is the proper primitive of probability theory. However, I concede that the epistemological problem remains.     

Errors in Creative Problem-Solving: Identify,Deliberate, and Remediate

It is often assumed creative performance is error free. Even a cursory inspection of eminent, creative, individuals indicates errors permeate creative efforts. In the present effort, the impact of error management on creative problem-solving is examined. Undergraduates, 136 in all, were asked to work through 10 potential problem solutions where half the solutions evidenced errors and half did not. Participants were asked to identify potential errors, deliberate on these errors, and remediate, or fix, errors prior to providing solutions to a problem calling for creative thought. It was found the number of errors correctly identified, and the quality of error remediation was positively related to the quality, originality, and elegance of problem solutions. More extensive deliberation, however, was found to be especially important for the production of original problem solutions. The implications of these observations for understanding the importance of error management in creative problem-solving are discussed.     

Judging the accuracy of a likelihood judgment: the case of smoking risk

A standard method for assessing whether people have appropriate internal representations of an event's likelihood is to check whether their subjective probability or frequency estimates for the event correspond with the assumed objective value for that event. When a person's estimate for the event exceeds its assumed objective probability or frequency, the person's expectancy for the event is concluded to be greater than warranted. This paper describes three lines of reasoning as to why conclusions of this sort can be problematic. Recently published findings as well as data from two new experiments are described to support this main thesis. The case of smoking risk is used to illustrate the more general problem, and issues that must be considered to avoid or contend with the problem are discussed. Copyright © 2002 John Wiley & Sons, Ltd.     

Good Versus Creative Solutions: A Comparison of Brainstorming,Hierarchical, and Perspective-Changing Heuristics

It is not clear what heuristics are best for generating solutions to ill-structured problems. This research examined 3 heuristics (brainstorming, the hierarchical technique, and changing perspectives) to determine which produced the most solutions, the best solutions, and the most creative solutions. Ninety-two participants generated as many solutions as they could to 1 ill-structured problem concerning a drug-dealing roommate. Participants were then randomly assigned to 1 kind of training. After training, participants returned to generate solutions to the roommate problem. Results indicate that the hierarchical method produced the most solutions and the highest proportion of participants who judged their best solution as occurring after training. Those trained in brainstorming were most likely to judge their most creative solution as occurring after training. The changing perspectives technique was found to be relatively less helpful in terms of best and most creative solutions.     

The Entangling of Problems,Solutions and Markets: On Building a Market for Privacy

An increasing number of public problems have been subject to market-based interventions as solutions. However, the relationship between problems and solutions in market-based interventions is complex. On occasions solutions are reformulated as understanding of the nature of the problem are advanced. Alternatively, problems are reconfigured to fit a standard solution. Or solutions are said to generate numerous new problems. The complex entangling of problems, solutions and markets can be explored by focusing on the field of online privacy. The complexities of this field can be analysed through three science and technology studies (STS) treatments of problems and solutions. First, issue-problematisation can be used to understand the ways in which a problem is assembled and comes to form the focus for discussion as an issue. Second, a paradigm-exemplar approach can assess the extent to which a particular coupling of problem and solution becomes an exemplar for others to draw on. Third, ontological constitution provides a focal point for analysing the ways in which the very nature of entities involved in problems, solutions and markets can be considered. There is analytic utility in each of these approaches in engaging with online privacy regulation and the emerging role of start-ups in introducing new privacy products to an emerging market place. However, these STS approaches leave us with questions regarding the relationship between market solutions and publics, the co-ordination of entities in market solutions and the normative questions that arise from entangling markets, problems and solutions.     

Interaction of data and hypotheses in probabilistic inference tasks: Rejection of the hypothesis sampling model?

The problem of whether or not data influence subjects' sampling of hypotheses about functional relations in the probabilistic inference tasks was examined. The results of the experiment show first, a considerable impact of data on subjects' hypothesis selection and second, that the subjects significantly modify their hypothesis selection from one part of the experiment to the other. Thus, there is an interaction of data and hypotheses in cue probability learning (CPL) tasks regarding the hypothesis sampling process and an execution of cognitive control over the subjects' hypothesis pool.     

Non-Identity for Non-Humans

This article introduces a non-human version of the non-identity problem and suggests that such a variation exposes weaknesses in several proposed person-focused solutions to the classic version of the problem. It suggests first that person-affecting solutions fail when applied to non-human animals and, second, that many common moral arguments against climate change should be called into question. We argue that a more inclusive version of the person-affecting principle, which we call the ‘patient-affecting principle’, captures more accurately the moral challenge posed by the non-identity problem. We argue further that the failure of person-affecting solutions to solve non-human versions of the problem lend support to impersonal solutions to the problem which avoid issues of personhood or species identity. Finally, we conclude that some environmental arguments against climate change that rely on the notion of personal harm should be recast in impersonal terms.     

Retention of problem solutions: the re-solution effect

Four experiments compared the re-solution performance of prior solvers with that of prior nonsolvers given the correct solutions. Experiments 1 and 2 challenged Weisberg and Alba's (1981) contention that solving a problem and being shown the solution yield equivalent problem knowledge. In both experiments, students who initially solved problems showed near-perfect recall of the solutions after a 1-week delay, far superior to recall by students who had been shown the correct answers. In Experiment 3, solves showed poor solution retention when the connection between the problem and the solution was not meaningful. Experiment 4 showed that with meaningful problems, solvers and those merely provided with solutions have qualitatively different problem representations. The findings can be explained in terms of differential understanding of problems and their solutions.     

The Effects of Type and Level of Personal Involvement on Information Search and Problem Solving1

The effects of type and level of personal involvement on information search and problem solving were investigated in a laboratory setting. Participants were given a problem eliciting high value involvement, high outcome involvement, or low involvement. Before providing a solution to the problem, participants had the opportunity to search for additional information about the problem using a computer. The amount of information searched and the time spent searching were measured, as was the quality of problem solutions. Results showed that increases in information search resulted in more original and more appropriate problem solutions. Results also revealed that solution originality and appropriateness were highest among participants who were involved because the problem's outcome was relevant to them and lowest among participants who were involved because the problem affected their values and morals. The results of this study indicate that high involvement may not be universally beneficial to the generation of high-quality problem solutions.