信念与结果对道德、法律责任判断的影响

在"执行者"和"旁观者"两个情境中,通过操纵当事人的信念和事件结果,考察了被试的道德与法律责任判断。结果显示:进行道德责任判断时,被试对当事人的信念信息更敏感;进行法律责任判断时,则对事件结果的信息更敏感。"执行者"情境中的道德和法律责任评分均高于"旁观者"情境中的责任评分。这说明道德、法律责任判断的内部机制有所不同,并且当事人的不同角色导致第三方对其的责任判断出现差异。     

Philosophical Error and the Economics of Belief Formation

Recent work has demonstrated that academic research faces serious challenges. Incentives to defend publishable ideas often lead researchers astray. Despite their tendency to produce error, efforts to publish erroneous results typically help a researcher's career. In addition, errors often arise from seemingly innocent methodological assumptions that allow researchers to believe their research is sound. This article discusses this research, as well as research into difficulties facing epistemic rationality caused by nonepistemic incentives. It then applies the lessons of this research to philosophical practice. It explains why philosophy likely suffers from these problems. It then provides an example of a widely shared methodological assumption that allows such research to be pursued and regularly published. It claims that the significance philosophers place on arguments is inappropriate, and that typical evaluations of philosophical arguments involve an instance of the base‐rate fallacy. It concludes by discussing whether or not this article is self‐defeating.     

Beyond Existence and Non-Existence

Abstract

When Husserl speaks of the so-called ‘transcendental reduction’ or ‘phenomenological epochē’ many believe that he is eschewing the question of truth or existence. Two reasons are given for this: First, Husserl explicitly states that when we perform the reduction, we should no longer naively ‘accept [the world] as it presents itself to me as factually existing’ (Id I §30, p. 53) and should suspend our judgement with regard to ‘the positing of its actual being’ (Id I §88, p. 182). Second, Husserl seems to have no problem in referring to an ‘object’ of thought even when we refer to non-existent, hallucinatory or indeed impossible objects. This seems to suggest that he is not interested in the question whether or not there is a corresponding ‘ordinary’ object. The paper seeks to question this and will show that his inquiry never loses sight of the questions of truth and existence but rather brings them into the foreground.     

Internal reasons and practical limits on rational deliberation

I argue that agent-causal libertarianism has a strong initial rejoinder to Mele's luck argument against it, but that his claim that it has yet to be explained how agent-causation yields responsibility-conferring control has significant force. I suggest an avenue of response. Subsequently, I raise objections to Mele's criticisms of my four-case manipulation argument against compatibilism.     

"I saw it with my own ears": the effects of peer conversations on preschoolers' reports of nonexperienced events

The study was designed to explore the effects of naturally occurring peer interactions and repeated suggestive interviews on preschoolers' (N=96, Meanage=54 months) memories for a personally experienced event, namely a staged archaeological dig. During the dig, one third of the children witnessed two "target" activities. A second third of the children were the classmates of those in the first group, but did not witness the target activities. The remaining children were not the classmates of those who witnessed the target activities, nor did they witness the target activities themselves, and thus served to provide a baseline against which to assess the effects of peer contact. Following the dig, the children were interviewed in either a neutral or suggestive manner on three occasions. Results from a fourth interview by a new examiner revealed that the combination of suggestive interviews and peer exposure led to claims of witnessing the target activities by the classmate group that were comparable to the children who actually did witness these activities. Further, assent rates to misleading questions employing peer pressure and false claims of actually seeing versus merely hearing about the target activities were elevated following opportunities to discuss these activities with peers.     

Ethical,and practical issues in applying functional imaging to the clinical management of Alzheimer's disease

This review outlines ethical, legal, and practical issues related to conducting functional imaging research with Alzheimer's disease (AD) patients. Imaging techniques, with an emphasis on functional MRI and positron emission tomography, are compared and contrasted with respect to the manner in which they can be applied to issues of clinical relevance to AD. Methodological difficulties are raised to assist with critical evaluation of current imaging results. Various potential clinical applications of functional imaging are briefly reviewed and discussed with respect to associated ethical conflicts.     

Critical Legal Studies and argumentation theory

Critical Legal Studies poses a direct and expressed challenge to the basic tenets of American legal education and scholarship. Critical Legal Studies postulates that law is not a scientific exercise involving the application of objective principles, but rather a creative process involving the selection of conflicting rules which has the effect of reinforcing the existing political order. In an effort to explain the contribution of Critical Legal Studies to argumentation theory, this essay briefly discusses the role of legal reasoning in the American legal system, describes and critiques Legal Positivism, lays the intellectual foundation for Critical Legal Studies, and considers the implications that this conception of jurisprudence has for argumentation theory.     

医疗纠纷产生的法律根源及对策

当前,我国的医疗纠纷案件逐年增多。卫生立法滞后、违法现象严重、执法不统一、患者法律意识增强、鉴定程序不合理是产生医疗纠纷的重要法律根源。提出的对策：（１） 加快卫生立法,创建良好的法制环境;（２） 完善处理医疗纠纷的法律;（３） 严格执法;（４） 开展法制宣传工作,提高医患双方的法制观念。     

应当建立科学的医疗纠纷技术鉴定体制

现行的医疗纠纷技术鉴定模式年来在解决医疗纠纷中起到了重要作用,但随着卫生改革的进一步深化和法制的日趋健全,以及人们法律意识的不断提高它的缺陷也日益突出。应当建立新的医疗技术鉴定管理体制,鉴定委员会的人员鸺成,增强医疗技术透明度,建立时效制度和回避制度。     

Ideas of self and community: Ethical implications for a communitarian conception of moral autonomy

This paper attempts to construct a concept of moral autonomy thai is compatible with a relationally-based or care-based ethical theory. After critiquing the traditional liberal identification of the ethical self with an abstract rational self detached from community and historical narrative, I argue that the ethical self emerges in a dialectical relation with the community itself. Essentially, I argue for a concept of autonomy that will be analyzed as a critical perspective from within a community rather than as a privileged view from outside. Central to this argument is an understanding of the nature and role of moral conversation in the regeneration of community. The nature of that conversation is examined.