Legal Practices and the Reason of the Law

Legal argumentation, like argumentation generally, occurs against a background of shared understanding and competence. This view, inspired by Kuhn's understanding of scientific reasoning, is in stark contrast to more traditional rule-following accounts of legal argumentation. Below I consider reasons to reject the more traditional view of legal reasoning in favor of a roughly Kuhnian account of legal reasoning and conclude by raising skeptical questions about the cogency of legal reasoning when the tacitly accepted background conditions that make it possible are not critically examined.     

The Porosity of Autonomy: Social and Biological Constitution of the Patient in Biomedicine

The nature and role of the patient in biomedicine comprise issues central to bioethical inquiry. Given its developmental history grounded firmly in a backlash against 20th-century cases of egregious human subjects abuse, contemporary medical bioethics has come to rely on a fundamental assumption: the unit of care (and the unit of value) is the autonomous self-directing patient. In this article we examine first the structure of the feminist social critique of autonomy. Then we show that a parallel argument can be made against relational autonomy as well, demonstrating how this second concept of autonomy fails to take sufficiently into account an array of biological determinants, particularly those from microbial biology. Finally, in light of this biological critique, we question whether or to what extent any relevant and meaningful view of autonomy can be recovered in the contemporary landscape of bioethics.     

Reasonable Partiality in Professional Ethics: The Moral Division of Labour

Attention is given to a background idea that is often invoked in discussions about reasonable partiality: the idea of a moral division of labour. It is not only a right, but also a duty for professionals to attend (almost) exclusively to the interests of their own clients, because their partial activities are part of an impartial scheme providing for an allocation of professional help to all clients. To clarify that idea, a difference is made between two kinds of division of labour, a technical one and a social one. In order to assess the applicability of the idea of a moral division of labour to professional ethics, journalism is contrasted with other professions.     

从李丽云事件看生命健康权、患者自主权和医生干涉权

当患方行使自主权所做的决定危及自身生命健康权时,能否赋予医生干涉权以实现生命高于一切的理念？阐明了生命健康权、患者自主权和医生干涉权的关系．并从我国实际出发,论述不能通过赋予医生干涉权来避免类似李丽云悲剧的发生,建议立法完善对民事行为能力的规定,建立司法机关或其他第三方机构提前快速审查机制来解决自主权与生命权的冲突。     

Formulation of Policy and Strategy in Developing Creativity Education in Four Asian Chinese Societies: A Policy Analysis

The present study sought to compare and contrast educational policies on creativity education in four Asian Chinese societies, namely mainland China, Hong Kong, Singapore, and Taiwan. It establishes five criteria on creativity education policy, including policies regarding legislation on creativity education, definitions of creativity, standard implementation, explicit identification of special populations of creative students, and creativity education in the community. Among the four societies, Taiwan has an official document — the White Paper on Creative Education published in 2003 — whereas in Hong Kong and Singapore, creativity has been identified as an ability to be nurtured in students of all levels in their national curriculum reform. In mainland China, innovation is regarded as a synonym for creativity. Definitions of creativity have at times not been clearly defined, although multiple levels of creativity development (individual, school, societal, industrial, and cultural) have been discussed in Taiwan. In Hong Kong, creativity has been defined as a generic skill in various key learning areas (e.g., language education, mathematics education, science education, etc.) in the school curriculum. In Singapore, creativity is a learning outcome to be developed in students. None of these societies use standard creativity assessment tests as evidence of creative competence in students. When creativity has entered the central stage in the curriculum reform and creativity education is made available to every student, efforts have been made to identify highly creative students and provide them enrichment opportunities, mainly using performance assessments and performance in creativity competitions in these societies. But mainland China, Hong Kong, and Singapore do not sufficiently emphasize creativity education in the larger community.     

当代中国临床医学伦理准则建设论纲

我国当代临床医学伦理准则亟待出台,建设时机现已水到渠成,为积极参与这项重要的建设工程,本文提出了找准现实生长点为根本课题的基本建设思路,并以病人中心准则为核心探索性地设计出了准则体系。     

The role of lateral masking and orthographic structure in letter and word recognition.

The present experiments evaluated the contribution of orthographic structure and lateral masking in the perception of letter, word, and nonword test displays. Performance was tested in a backward recognition masking experiment in which a masking stimulus followed the test display after a variable blank interstimulus interval. In agreement with previous findings across different experiments, words were recognized better than single letterd at short interstimulus intervals, but the opposite was the case at long intervals. Performance on the nonwords resembled performance on letters at short masking intervals and performance on words at long masking intervals. The quantitative results were described by a processing model that incorporates the effects of lateral masking and orthographic structure in the dynamic processing of letter strings. Lateral masking tends to lower the potential perceptibility of letters whereas orthographic structure can reduce the uncertainty of the candidate letters in the letter sequence. The present model predicts that the quantitative contribution of each of these processes to performance is critically dependent upon the processing time available before the onset of the masking stimulus.     

大学生未来取向与学习自主性的关系研究:学业延迟满足和时间管理倾向的多重中介作用

本研究旨在探讨未来取向和学习自主性的关系,分析学业延迟满足、时间管理倾向的作用.采用问卷法对731名大学生进行调查,研究表明:(1)大学生未来取向、学业延迟满足、时间管理倾向和学习自主性之间均存在显著相关;(2)大学生学业延迟满足、时间管理倾向在未来取向和学习自主性间存在中介效用,即未来取向直接影响大学生的学习自主性,...     

从中外医学教育标准的差异看医学生的人文素质培养

通过中外医学教育标准在知识目标、技能目标、职业价值观上的若干差异的比较,探讨人文素质,包括医生职业价值观念、医学人文知识、“批判性思维”能力和交流技巧、沟通能力的培养等在国际医学教育标准的重要地位,并对改进我国医学教育的人文内涵提出建议。     

Social facilitation in chickens: A different level of analysis

An assumption of the arousal (D × H) model of social facilitation effects is that in an otherwise constant stimulus situation the simple presence or absence of a conspecific has a quantitative influence on the D component, and that the habit hierarchy in the situation (H) is unaffected. However, certain evidence from avian subjects seemed inconsistent with the multiplicative effects predicted by the model, and experiments were conducted with the aim of resolving this discrepancy. In general, chickens were tested for consummatory responses in the company of companions, in isolation, or in the company of strangers. Clear findings emerged from these tests that showed that only the companion conditions were “facilitative”. Under the other test conditions there were qualitative (as opposed to merely quantitative) shifts in responses. Apparently, the different social test conditions evoked qualitatively different response hierarchies, and “facilitation” reflected this sort of shift rather than simple quantitative changes in arousal (D) across conditions. It was argued, therefore, that the appropriate level of analysis for facilitation effects for animals in a free response situation is not within the (D × H) envelope, but rather at the level of S (stimulus situation) in the S → (D × H) → R formulation. Implications for the analysis of social facilitation effects in humans were discussed.     

The development of metacognitive awareness in memory,communication, and attention

Four- and six-year-olds were asked questions about hypothetical situations in which a child was to perform one of three cognitive activities: (1) to remember something, (2) to communicate a message, or (3) to attend to a visual array. Questions focused on the child's understanding of the following four facts about the variables under study: (1) that it is easier to cognize about a shorter than a longer list (length), (2) that it is easier to cognize in the absence of noise than in its presence (noise), (3) that an adult or older child will find a cognitive problem to be easier than will a younger child (age), and (4) that it is generally easier to cognize with more time than with less time (time). Results indicated that the pattern of understanding was the same across the different cognitive activities, that there was a higher level of accuracy in answering questions about length and noise than about age and time, and that, over all, the 6-year-olds were more accurate than the 4-year-olds.     

Microcomputers in schools: Impact on the social life of elementary classrooms

Microcomputers are becoming increasingly available to schools, but little research is available concerning the impact of this technology for children. Two studies were conducted to examine some possible social effects of the use of microcomputers in elementary school classrooms where children are learning to program in LOGO. First, the task-related interaction that children engaged in with each other was observed and recorded in two classrooms (8- to 9-year-old s, and 10- to 11-year-olds) as the children worked on both computer and non-computer tasks. The children in both classrooms were significantly more likely to collaborate with each other when they worked with the computers, when compared with their interaction over other classroom tasks. The second study examined children's perceptions of their peers as resources for help with a variety of classroom tasks. When compared with other work, the computer context was the one where children more consistently identified certain of their peers as resources for help.     

Saccade latency in children and adults: Effects of warning interval and target eccentricity

Saccadic response latency to the onset of an eccentric target was studied in children (mean age = 8.7) and adults. The independent variables investigated were fixation-light offset to target-light onset warning interval (0, 100, 300, and 600 msec) and target eccentricity (5° or 15°). Both children and adults showed shorter saccade latencies under warning-interval conditions. Children were found to have longer latencies than adults with 0 or 100 msec warning intervals but to respond with as short or shorter latencies with 300 or 600 msec warning intervals. Target eccentricity effects did not interact with age, and occurred only with a lower target intensity. Children defined as poor readers could initiate a response as quickly as good readers but were less able to maintain fixation-light fixation prior to target onset.     

Measuring the importance of information in judgment: Individual differences in weighting ability and effort

Measuring the importance of cues in social judgment has been a longstanding problem. Past research has shown individual differences in the impact of ability and study effort on judgments of student performance. This research examined the hypothesis that the individual differences are due to the weight given to the information as opposed to the perceived extremity of the values of the information. Subjects judged the performance of hypothetical students described by ability, study effort, and effort during an exam. Individual differences in the impact of the three types of information were obtained and were predictable from self-reports of the relative importance of information. Different values of weights were necessary to account for the differences in the impact of information, although there were also differences in the perceived extremity of the information. The theoretical and applied significance of distinguishing the weight given to information in judgment from its subjective value are discussed. On the basis of a new review of the literature, as well as the present results, it is concluded that self-reports of the relative importance of information are predictive of individual differences in information use in judgment, but that they may reflect the total impact of information rather than only the weight.     

Induction into the workplace: The impact of internships

Some form of work experience or internship ranks high on the list of criteria used by recruiters of college graduates for positions as management trainees. While internships are discussed positively by students, faculty, and recruiters, their evaluation has been faulted as being highly subjective and lacking in the use of controls and psychometric sophistication. This study used an Institutional Cycle design to investigate changes occurring after participation in internships with three cohorts of college age students. Changes were noted in both terminal and instrumental values and in work-specific needs. In the former, changes moved the profiles of the students closer to those of campus recruiters. In the latter, changes moved the students' needs in the direction of characteristics of the job, away from environmental characteristics.     

Engaging Nurses in Genetics: The Strategic Approach of the NHS National Genetics Education and Development Centre

The UK government announced the establishment of an NHS National Genetics Education and Development Centre in its Genetics White Paper. The Centre aims to lead and coordinate developments to enhance genetics literacy of health professionals. The nursing program takes a strategic approach based on Ajzen’s Theory of Planned Behavior, using the UK nursing genetics competences as the platform for development. The program team uses innovative approaches to raise awareness of the relevance of genetics, working collaboratively with policy stakeholders, as key agents of change in promoting competence. Providing practical help in preparing learning and teaching resources lends further encouragement. Evaluation of the program is dependent on gathering baseline data, and the program has been informed by an education needs analysis. The challenges faced are substantial and necessitate international collaboration where expertise and resources can be shared to produce a global system of influence to facilitate the engagement of non-genetic nurses.     

西方心育教学模式评介

本文探讨了心育与心育教学模式的意义 ;着重介绍了西方几种有代表性的心育教学模式 ,即布鲁纳的发现教学法、威廉姆斯的创造与情意教学模式、开放教室的教学模式与勒温的敏感性训练等 ;并与传统教学模式相比较 ,分析了西方心育教学模式的主要特征     

The role of esteem and coping in response to a threat communication

Two experiments examined the relations among self-esteem, perceived competency to cope, and actual coping behaviors following a threat communication. Leventhal's “parallel response model” (in Advances in experimental social psychology, L. Berkowitz (Ed.), New York: Academic Press, 1970, Vol. 5) predicts that low-esteem subjects will show deficits in both competency and coping behaviors. Experiment 1 manipulated threat level of a tetanus communication. Low-esteem subjects showed coping deficits on measures of free associations, free recall, fatalism, and coping. Threat groups differed only on fear and danger measures. Experiment 2 manipulated the fear level of an antismoking film and used false feedback to alter perceived competency. Positive feedback increased perceived competency to quit smoking among low-esteem subjects only. Without feedback, low-esteem subjects reduced smoking less than high-esteem subjects; positive feedback reversed the pattern. The discussion argued that, consistent with Leventhal's model, the low-esteem coping deficit has two independent causes: (1) excessive concern with fear, and (2) inadequate perceived competency.     

Teaching Old Dogs New Tricks: The Role of Analogies in Bioethical Analysis and Argumentation Concerning New Technologies

New medical technologies provide us with new possibilities in health care and health care research. Depending on their degree of novelty, they may as well present us with a whole range of unforeseen normative challenges. Partly, this is due to a lack of appropriate norms to perceive and handle new technologies. This article investigates our ways of establishing such norms. We argue that in this respect analogies have at least two normative functions: they inform both our understanding and our conduct. Furthermore, as these functions are intertwined and can blur moral debates, a functional investigation of analogies can be a fruitful part of ethical analysis. We argue that although analogies can be conservative; because they bring old concepts to bear upon new ones, there are at least three ways in which they can be creative. First, understandings of new technologies are quite different from the analogies that established them, and come to be analogies themselves. That is, the concepts may turn out to be quite different from the analogies that established them. Second, analogies transpose similarities from one area into another, where they previously had no bearing. Third, analogies tend to have a figurative function, bringing in something new and different from the content of the analogies. We use research-biobanking as a practical example in our investigations.