Recherche en santé et protection des données personnelles à l’heure du Règlement général relatif à la protection des données

France has a very rich legal framework, which defines the conditions of access and use of health data for scientific research purposes and ensures their protection. Currently, this legal framework is undergoing revision. The European regulation of April 27th 2016 on protection of natural persons in relation to the processing of personal data came into effect in EU member states since 25th May 2018 and substitute a rationale of administrative process for a rationale that empowers the researchers to document and prove compliance with the regulation (“accountability”). This regulation must be coordinated with the other regulation applicable to research in UE and with national law.     

社会性道德视角下的市场社会道德基础探究--兼析经济学的价值判断

在个体层面上,“利己”与“道德”是人性中的两种德性,二者并不矛盾;在型构社会层面上．为了维系合作秩序的扩展,须构建与市场社会相适应的社会性道德基础。中国的传统社会缺失了社会性道德这一维度,休谟在特定的历史时期所提出的社会性道德论说对于建设中国当下的市场经济有特别的理论借鉴意义。普世性的道德准则是经济学的前提,经济学自身的价值判断准则也同样拒斥不道德的经济行为。“市场经济可以不讲道德”的命题是不成立的。     

Prospective strategies underlie the control of interceptive actions

The purpose of this study was to test whether a constant bearing angle strategy could account for the displacement regulations produced by a moving observer when attempting to intercept a ball following a curvilinear path. The participants were asked to walk through a virtual environment and to change, if (deemed) necessary, their walking speed so as to intercept a moving ball that followed either a rectilinear or a curvilinear path. The results showed that ball path curvature did indeed influence the participants' displacement kinematics in a way that was predicted by adherence to a constant bearing angle strategy mode of control. Velocity modifications were found to be proportional to the magnitude of target curvature with opposing curvatures giving rise to mirror displacement velocity changes. The role of prospective strategies in the control of interceptive action is discussed.     

Competition, inhibition, and semantic judgment errors in Parkinson's disease

Semantic processing errors are symptoms of an up-regulation (schizophrenia) or degradation (Parkinsonism) of dopaminergic pathways. A recent connectionist model attributed errors in the schizophrenic processing of context to increased gain in competitive neural processes. This study extends this "gain hypothesis" by comparing the sensitivity to reduced gain of a simulation of semantic route activation to characteristic semantic judgment errors made by Parkinson's patients in an open search task. Under normal gain conditions, the dominant sense of polysemous words "wins" through competition and lateral inhibition at the word sense level (beta(inh)). For words with very different sense frequencies, decreasing gain by increasing beta(inh) resulted in the dominant word sense winning; however, for words with similar sense frequencies, increasing beta(inh) resulted in the dominant word sense winning only for low to moderate values. At high levels, no clear winner emerged after 200 epochs, with the least dominant sense reaching the maximum activation value. These results are discussed in the context of the Yerkes-Dodson Law, which may provide a theoretical basis for understanding normal and impaired semantic performance in catecholaminergic disorders.     

La loi no 2016-87 du 2 février 2016 créant de nouveaux droits en faveur des malades et des personnes en fin de vie : un nouvel équilibre décisionnel ?

Adopted after a tumultuous legislative process, the Act of 2 February 2016 complete the “Leonetti” law of April 22, 2005. Without going to legalize active help to die, this law does include some notable developments. It increases patient autonomy, including the consecration of mandatory advance directives and extends the right to refuse care. It specifies the role of the support person in the decision process and extends the scope of the collegiate procedure. Finally, it recognizes a right to care for the suffering and diversified palliative care modalities, particularly through the introduction of continuous deep sedation until death. Some aspects of the law relating to the mandatory advance directives or the process of sedation are however asked to be specified by regulation.     

Consulting scientist and engineer liability: A survey of relevant law

This paper is a survey of the law in the United States which is applicable to consulting scientists and engineers. Based on the body of law which has developed for the construction industry and professional “advice-givers” such as attorneys, medical doctors and accountants, the paper reviews professional responsibilities in the areas of Common Law Torts. Common Law Contracts, certain U.S. Federal and State Statutes and the protection of sensitive information.     

Natural law and history in Locke's theory of distributive justice

According to the tradition of natural law justice is inherent to, and should always be observed in, all interpersonal relations: the science of natural law is nothing more or less than the expression of such principles of justice. The theoretical peculiarities that crop up regarding the lawfulness of appropriation are determined by the indirect interpersonal relations that take place within the process of appropriation: though appropriation is an action directed not towards another person or his property, but towards tangible external goods, this action may have important consequences for other people. Therefore Locke's theory of appropriation is a theory of justice.Locke's solution is made possible by the methodological improvement which allows a clear separation between the natural law and the historical and empirical conditions of its application: this improvement is a consequence of the distinction between modes and substances established in Locke's Essay.Locke's theory can be considered an extensive re-elaboration, in polemic against Filmer, of the anti-monopolistic principle characteristic of the whole of Scholastic social thought: this principle is intimately connected with the principle of man's natural liberty.Locke maintains a negative and formal conception of justice: justice prohibits interference with others' liberty of appropriation. Alongside the justice is the positive and conditional obligation of charity which prescribes the transfer of some of one's own goods to others who need them in order to survive. But for Locke there are precise limits on the obligation of charity: the application of charity suspends the application of justice only when the immediate physical survival is at stake; in all other cases justice leaves no room for charity.The Lockian negative conception of justice, which allows unlimited liberty of appropriation, is dependent on the empirical and historical condition of the incommensurability of the main resource. The widespread use of money acts as an accelerating element in the process of exhaustion of the incommensurability of land-resources but, at the same time, it renders self-preservation and appropriation almost completely independent of the natural environment. Money creates an infinite number of opportunities for the outlay of labour irrespective of the availability of land, that is, it renders labour the principal resource of the civilized world, and labour is an incommensurable and infinitely reproducible resource. The incommensurability of the labour resource thus supports the Lockian theory of negative distributive justice; but over the Lockian solution already loomed the threatening shadow of pauperism.The subject of this essay is further dealt with in my book on Locke's political and social philosophy Nel crepuscolo della probabilitá, Bibliopolis, Napoli, 1983. There I develop further the interpretation of Locke's theory of justice presented here and analyse his theoretical and historical presuppositions.     

Commodification in law: ideologies,intractabilities, and hyperboles

In this paper I first aim to identify, from a perspective mindful of both analytic and Continental traditions, the central normative issues at stake in the various debates concerning commodification in law. Although there now exists a wealth of thoughtful literature in this area, I often find myself disoriented within the webs of moral criteria used to analyze the increasingly ubiquitous practice of converting legal goods into monetary values. I therefore attempt to distinguish and organize these often conflated conceptual distinctions across several registers of moral analysis. Second, I formulate what I consider the most illuminating questions regarding the criteria used to evaluate commodification in law. Critiques of commodification in law face what I call problems of ideology, intractability, and hyperbole, and identifying these issues helps to explain the momentum of the law and economics movement.