借鉴韩非法治观构建和谐医患关系

近年来医院暴力愈演愈烈,医疗索赔越来越高,防御性医疗越来越明显,如何建立和谐的医患关系已成为一个亟待解决的社会问题。阐述韩非以法为治,定分止争,重刑止奸,法不阿贵和布之于百姓在医事立法与构建和谐医患关系中的借鉴作用,探讨如何通过建立法律化、规范化医患关系来缓解医患冲突,改善医患关系。     

《管子》"时"观初探

"时"观念是理解中国古代思想的重要线索。在一定层面上讲,"时"观念的延展及其实践承载着传统农业社会的绵延。"时"在《管子》中是一个基础性的核心概念,贯通全文,它传承"时"的原发观念和本质特性,融入气、阴阳、五行思想,与道、德、法相通融,"时"作为论理基准,在"治国安邦"、"经世致用"中具有统领性意义。     

Reinforcing staying and switching while using a changeover delay

Performance on concurrent schedules can be decomposed to run lengths (the number of responses before switching alternatives), or visit durations (time at an alternative before switching alternatives), that are a function of the ratio of the rates of reinforcement for staying and switching. From this analysis, a model of concurrent performance was developed and examined in two experiments. The first exposed rats to variable-interval schedules for staying and for switching, which included a changeover delay for reinforcers following a switch. With the changeover delay, run lengths and visit durations were functions of the ratios of the rates of reinforcement for staying and for switching, as found by previous research not using a changeover delay. The second directly assessed the effect of a changeover delay on run lengths and visit durations. Each component of a multiple schedule consisted of equivalent stay and switch schedules but only one component included a changeover delay. Run lengths and visit durations were longer when a changeover delay was used. Because visit duration is the reciprocal of changeover rate, these results are consistent with the established finding that a changeover delay reduces the frequency of switching. Together these results support the local model of concurrent performance as an alternative to the generalized matching law as a model of concurrent performance. The local model may be preferred when accounting for more molecular aspects of concurrent performance.     

Advances in Behaviorism: It's Not What It Used to Be

Behaviorism has changed over the past half century and its modern form is not familiar to many educators and other applied professionals. Put briefly, behaviorism has changed from the molecular and absolutist form of years past, when basic researchers, therapists and educators sought to modify isolated target behaviors. Modern behaviorism is relativistic and molar and the articles included in this issue are meant to illustrate this changed emphasis. The first article shows how the matching law has redefined the old law of effect and how that affects application. The second shows how relational frames provide a behavioral treatment of cognitive variables that dispels the stereotyped view of behavior modification. The third treats molar classes of behaviors as traits, and individual behaviors as states, applying that distinction to aspects of the relative frequencies of behaviors of children at home and at school. Finally, the last article shows specifically how behavioral methods have been (and are) applied to the behavior of autistic children, in a program that has been extremely successful over the past few years.     

Masked ball: Ethics,laws and financial contradictions in hungarian health care

Corruption is a major problem in the societies of the post-communist Central European countries. Corruption in health care has some unique characteristics undermining the efficacy of and respect for Hungarian health care. One of the forms of corruption is tipping. This highly contested phenomenon is present in most of the patient/health professional’s interactions in a sophisticated manner, raising serious ethical and legal dilemmas. The present paper analyzes tipping and other corruption-related factors, such as financial conflict of interest between industry and health care and argues that since ethical and legal considerations are often ignored in the country, patient care and clinical research are affected by these controversial issues to a great extent.     

James Drane's More Humane Medicine: a new foundation for twenty-first century bioethics?

James Drane's More Humane Medicine: A Liberal Catholic Bioethics is an outstanding contribution to the study of bioethics in our day. Catholics and others who are interested in the issues discussed here will benefit from this masterful treatment. The author opens with a set of definitions, starting with what he means by a "more humane medicine." Drane contends that a more humane medicine has become necessary and desired, but not because the traditional medical ethic as "a self-declared and self-imposed ethic, outlining what noble service to others entails" is no longer valid. Rather he defines it as an advance on the traditional ethic; a "new foundation" based on a "lived set of obligations derived from a felt commitment to other persons ... an ethics based on the relationship between doctors and patients and essentially an ethics of virtue." Drane's work is a "liberal Catholic Bioethics" in which he challenges his own faith tradition, the Roman Catholic Church, on such topics as sexuality, birth control, abortion, cloning, stem cell research, aging and dying, and euthanasia and physician-assisted suicide. The present article is a critical essay that analyzes the author's statements and conclusions.     

E Contrario Reasoning: The Dilemma of the Silent Legislator

Summary This contribution offers an evaluation of e contrario reasoning in which the interpretation of a legal rule is based on the context of the law system (contextual e contrario reasoning). A model is presented which will show all the explicit and implicit elements of the argument at work and will also point out how these distinct parts are interrelated. By questioning the content and justificatory power of these elements, the weak spots in the argument can be laid bare. It will be argued that e contrario reasoning inevitably requires a dubious argumentative step, which renders the argument intrinsically weak. The model is applied to a European lawsuit on French cheese.     

Reconstructing Complex Analogy Argumentation in Judicial Decisions: A Pragma-Dialectical Perspective

Empirical research in the field of legal interpretation shows that, in many cases, analogy argumentation is complex rather than simple. Traditional analytical approaches to analogy argumentation do not explore that complexity. In most cases analogy argumentation is reconstructed as a simple form of argumentation that consists of two premises and a conclusion. This article focuses on the question of how to analyze and evaluate complex analogy argumentation. It is shown how the pragma-dialectical approach provides clues for analyzing complex analogy argumentation and how the criteria for evaluating analogy argumentation can be used to reconstruct these types of complex analogy argumentation in Dutch case law. The critical questions in the argumentation scheme do not only serve as a tool for analyzing arguments justifying analogy argumentation, but are also helpful in analyzing arguments against a specific analogy argumentation.     

Does Arguing from Coherence Make Sense?

In this paper the argument from coherence is submitted to a critical analysis. First, it is argued to be a complex form of coordinative argumentation, structured on various argumentative levels. Then, using the pragma-dialectical theory of argumentation a distinction is brought out between two basic forms of the argument from coherence: in one use this argument occurs as a sequence of two symptomatic arguments; in the other use we have a main symptomatic argument supported by a subordinate pragmatic argument. Finally, from an evaluative point of view it is assessed whether the argument from coherence can be found acceptable as a tool for settling disputes. It is claimed that in general, we can welcome this argumentative structure as sound and fully acceptable provided that we are aware of the interpretative discretion its use implies. A preliminary version of this essay was presented at the symposium organised by the Department of Speech Communication, Argumentation Theory, and Rhetoric at the University of Amsterdamon the 27/02/04. I wish to express my indebtedness to Dora Achourioti, Francesco Belvisi, Frans van Eemeren, Eveline Feteris, Bart Garssen, Jean Wagemans, Peter Houtlosser, and Henrike Jansen for their helpful remarks. Needless to say, the responsibility for the views expressed herein as well as for any errors of form or content rests solely with me.