司法论证充分性辨析

司法论证充分性问题是一个和法学理论与司法实践都密切相关的问题,各种关于法律论证的争议是和规则治理与纠纷解决两种司法职能的互相冲撞息息相关的。什么样的法律论证才是最合适的,在法律资源有限的情况下,如何运用有限的资源达到司法实践的目的,是各国法制建设的一个永恒话题。文章试图以我国的司法情景为例,从理性思考与现实实践两个层面,展示法官在裁决中所运用的具有地方性知识性质的辅助资源具有实践合理性,说明司法论证应该也必须追求其充分性。     

The effects of verbal information on children's fear beliefs about social situations

Two experiments explored the role of verbal information in changing children's fear-related beliefs about social situations. In Experiment 1, 118 6- to 8- and 12- to 13-year-olds heard positive, negative, or no information about individuals' experiences of three social situations. Fear beliefs regarding each situation were assessed before and after this manipulation. Verbal information had no significant influence on children's fear beliefs. In Experiment 2, the same paradigm was used with 80 12- to 13-year-olds, but the information took the form of multiple attitude statements about the situations expressed by groups of peers, older children, or adults. An affective priming task of implicit attitudes was used to complement the explicit questions about fear beliefs. Negative information influenced both explicit and implicit fear beliefs. The source of information and the child's own social anxiety did not moderate these effects. Implications for our understanding of the socialisation of childhood fears are discussed.     

Infants perceive human point-light displays as solid forms

While five-month-old infants show orientation-specific sensitivity to changes in the motion and occlusion patterns of human point-light displays, it is not known whether infants are capable of binding a human representation to these displays. Furthermore, it has been suggested that infants do not encode the same physical properties for humans and material objects. To explore these issues we tested whether infants would selectively apply the principle of solidity to upright human displays. In the first experiment infants aged six and nine months were repeatedly shown a human point-light display walking across a computer screen up to 10 times or until habituated. Next, they were repeatedly shown the walking display passing behind an in-depth representation of a table, and finally they were shown the human display appearing to pass through the table top in violation of the solidity of the hidden human form. Both six- and nine-month-old infants showed significantly greater recovery of attention to this final phase. This suggests that infants are able to bind a solid vertical form to human motion. In two further control experiments we presented displays that contained similar patterns of motion but were not perceived by adults as human. Six- and nine-month-old infants did not show recovery of attention when a scrambled display or an inverted human display passed through the table. Thus, the binding of a solid human form to a display in only seems to occur for upright human motion. The paper considers the implications of these findings in relation to theories of infants' developing conceptions of objects, humans and animals.     

The Knowledge Argument and Objectivity

In this paper I argue that Frank Jackson’s Knowledge Argument is better considered not as an argument against physicalism, but as an argument that objective theories must be incomplete. I argue that despite the apparent diversity of responses to the knowledge argument, they all boil down to a response according to which genuine epistemic gains are made when an individual has an experience. I call this the acquaintance response. I then argue that this response violates an intuitive stricture on the objectivity of theories. Therefore, the knowledge argument does show that objective theories cannot provide a complete understanding of the world. The result, however, is that both objective dualism and objective physicalism are refuted by the argument. In the end it is suggested that the notion of “subjective physicalism” is one that should be pursued.     

Successful Use of Peer Educators for Sharing Genetic Information

This study examined the impact of a genetics education module provided by Reach to Recovery peer volunteers. Participants included 113 women with confirmed breast cancer diagnoses. Eighty-eight of these women (78%) completed a baseline survey, participated in a peer-led intervention, and completed a follow-up survey. Approximately half of the women received an education module that included a genetic component, while the other half did not. Results indicated that women who received the genetics module had greater increases in genetics knowledge than the group that did not receive the module. However, follow-up interest in genetic testing was not significantly different between the two groups. Results indicate that a peer-led genetics module can increase knowledge about genetics. However, it does not appear to have a differential effect on genetic testing interest.     

Moral Expertise and the Credentials Problem

Philosophers have harbored doubts about the possibility of moral expertise since Plato. I argue that irrespective of whether moral experts exist, identifying who those experts are is insurmountable because of the credentials problem: Moral experts have no need to seek out others’ moral expertise, but moral non-experts lack sufficient knowledge to determine whether the advice provided by a putative moral expert in response to complex moral situations is correct and hence whether an individual is a bone fide expert. Traditional accounts of moral expertise require that moral experts give reliably correct moral advice supported by adequate justification, an account which, I argue, is too lean in allowing for the possibility of a moral expert who is motivationally indifferent to her own moral judgments and advice. Yet even if the proposition that a moral expert is an individual who provides reliably correct moral advice supported by adequate justification and is necessarily motivated by that advice exhausts the necessary and sufficient conditions for moral expertise, this proposition cannot function as an applicable criterion for non-experts to use in appraising would-be experts’ claims to expertise. The credentials problem thus remains unanswered.

No more than Conjectures: Popper and the Ethics of Scientific Enterprise

Karl Popper dealt with both problems Yurevich (Integrative Psychological and Behavioral Science, 43(2), 2009, doi: 10.1007/s12124-008-9082-7) deals: the crisis in Psychology and in the discourse about the nature of science. Although he failed to provide a complete response for both problems, his proposals can yet be fruitful to the reflection on these matters in the context of the present discussion. He offers some tentative answers to what could be considered a healthy epistemic activity, something Yurevich does not provide. More interestingly, some of the Popper proposals seem to fit, and in some extent correct, the quest for “collaborative work” proposed by Zittoun et al. (Integrative Psychological and Behavioral Science, 43(2), 2009, doi: 10.1007/s12124-008-9082-7) as a way of transforming crisis in development.     

医师知识结构和思维方式与肺血栓栓塞症诊断

肺血栓栓塞症是常见的临床病症,因其临床表现多样,易发生误诊漏诊而导致较高的病死率。但“凡事预则立,不预则废”,充分掌握肺血栓栓塞症的知识、以正确的思维方式引导临床诊疗可以有效减少和避免误诊漏诊。     

Inexact Knowledge with Introspection

Standard Kripke models are inadequate to model situations of inexact knowledge with introspection, since positive and negative introspection force the relation of epistemic indiscernibility to be transitive and euclidean. Correlatively, Williamson’s margin for error semantics for inexact knowledge invalidates axioms 4 and 5. We present a new semantics for modal logic which is shown to be complete for K45, without constraining the accessibility relation to be transitive or euclidean. The semantics corresponds to a system of modular knowledge, in which iterated modalities and simple modalities are not on a par. We show how the semantics helps to solve Williamson’s luminosity paradox, and argue that it corresponds to an integrated model of perceptual and introspective knowledge that is psychologically more plausible than the one defended by Williamson. We formulate a generalized version of the semantics, called token semantics, in which modalities are iteration-sensitive up to degree n and insensitive beyond n. The multi-agent version of the semantics yields a resource-sensitive logic with implications for the representation of common knowledge in situations of bounded rationality.     

Discrepancy between human resource research and practice: Comparison of industrial/organisational psychologists and human resource practitioners' beliefs

There is a large and growing body of research to show that human resource (HR) practices affect individual performance, organisational productivity and organisational performance. Academic findings about effective HR practices, however, have not readily been adopted by practitioners. A variety of theoretical and practical explanations have been advanced about the research–practice gap. Research by Rynes, Colbert, and Brown (2002) suggested that the research–practice gap is due to a lack of knowledge, but the extent to which these findings apply to the Australian context is unknown. The sample consisted of 102 industrial/organisational (I/O) psychologists and 89 HR practitioners. The main aim of the present study was to replicate and extend the work of Rynes et al. by examining and comparing the knowledge of I/O psychologists and HR practitioners. It was found that overall I/O psychologists were better informed about HR research than HR practitioners; in particular, they were more knowledgeable about management practices and recruitment and selection. In both groups, of the five content areas examined (Management Practices; General Employment Practices; Training and Development; Recruitment and Selection; and Compensation and Benefits), the greatest gaps were in Recruitment and Selection.