基因权的证成和体系

基因科技对人的主体性造成冲击,需要通过立法对于人的基因利益予以保障。基因具有人格性,同时也负载着经济利益。现有的权利体系无法全面涵盖基因上的利益关系,基因权成为一项新型权利。基因权的证成建立在基因具有道德意义的基础上,又因为其关涉人的物种尊严、人格尊严和身体尊严,并具有巨大的经济利益,而使得基因权表现为立体化多面向的权利束。基因权利体系包括基因隐私权、基因平等权、基因知情权和基因利益分享权。在我国现行权利框架下,适宜以单行法的方式完善基因权利制度。

     

非法植入基因编辑、克隆胚胎罪的解释学审视——对立法批判论的回应

非法植入基因编辑、克隆胚胎罪设立后,学界存有部分反对观点认为本罪分则位置及实行行为的规定存在问题。基于解释论的立场,本罪保护法益为基因库安全、人性尊严以及公共卫生管理秩序,立法通过对形式法益的保护一并实现了对实质法益的保护,且公共卫生管理秩序是主要法益,故本罪在刑法分则中的体系位置无可厚非。因为“植入人或动物子宫”的行为是实现生殖系基因编辑或生殖性克隆目的的必经阶段,所以本罪实行行为的规定在技术层面上彻底断绝了被基因编辑、克隆的细胞发育成存活个体的机会,从而达到了对该犯罪行为规制的立法目的。

     

当代大学生职业兴趣结构特征研究

通过实际调查对当代大学生的职业兴趣结构特征进行了分析研究。用主成分分析方法以及多维尺度方法探索出当代在学生的职业兴趣有三个潜在维度,可以分为18类。利用RANDALL和18RQNd96程序检验职业兴趣结构,构建了职业兴趣的球形模型。     

Equality,its Basis and Moral Status: Challenging the Principle of Equal Consideration of Interests

The principle of equal consideration of interests (ECOI) is a very popular principle in animal ethics. Peter Singer employs it to ground equal treatment and solve the problem of the basis of equality, namely the problem of why we should grant equal treatment despite the variability of people’s features. In this paper, I challenge Singer’s argument because ECOI does not provide plausible grounds to presume that the interests of diverse individuals are actually equal. Analyzing the case of pain and the interest in not suffering in particular, I contend that there are some insurmountable epistemic and axiological problems in accounting for the equality of interests. Besides criticizing ECOI as a basis of equality, I argue that we need to rely on an equality of moral status. I conclude by providing some considerations on the relation between equality and the principle of proportionality.     

Knowledge,adequacy, and approximate truth

Approximation involves representing things in ways that might be close to the truth but are nevertheless false. Given the widespread reliance on approximations in science and everyday life, here we ask whether it is conceptually possible for false approximations to qualify as knowledge. According to the factivity account, it is impossible to know false approximations, because knowledge requires truth. According to the representational adequacy account, it is possible to know false approximations, if they are close enough to the truth for present purposes. In this paper, we adopt an experimental methodology to begin testing these two theories. When an agent provides a false and practically inadequate answer, both theories predict that people will deny knowledge. But the theories disagree about an agent who provides a false but practically adequate answer: the factivity hypothesis again predicts knowledge denial, whereas the representational adequacy hypothesis predicts knowledge attribution. Across two experiments, our principal finding was that people tended to attribute knowledge for false but practically adequate answers, which supports the representational adequacy account. We propose an interpretation of existing findings that preserves a conceptual link between knowledge and truth. According to this proposal, truth is not necessary for knowledge, but it is a feature of prototypical knowledge.     

WHOSE INTERESTS ARE THEY,ANYWAY?

This review both praises Richard Miller's book--a thoughtful, judicious, and comprehensive analysis of bioethics for the pediatric age group, notably the first effort worthy of the name--and points out the work still to be done in this area, work firmly based in and illuminated by Miller's ground-breaking thesis. Specifically, the book rightly compels us to recognize obligations of beneficence as primary and to refocus on the child's basic interests, rather than putative "best" interests. There remains much to be done in defining and discerning basic interests and in distinguishing whose interests are on the table when decisions are being made for seriously ill and dying children.     

Non-instrumental roles of science

Nowadays, science is treated an instrument of policy, serving the material interests of government and commerce. Traditionally, however, it also has important non-instrumental social functions, such as the creation of critical scenarios and world pictures, the stimulation of rational attitudes, and the production of enlightened practitioners and independent experts. The transition from academic to 'post-academic' science threatens the performance of these functions, which are inconsistent with strictly instrumental modes of knowledge production. In particular, expert objectivity is negated by entanglement with political and commercial interests. We cannot go back to the old academic model for science, but need to consider how to maintain its vital non-instrumental roles.     

Pre-departure language requirements for family reunification

This paper argues that pre-departure language requirements for family reunification are unjustified. Such requirements are assumed to safeguard (1) the non-instrumental cultural interests of citizens of the receiving society and (2) the instrumental language interests of both citizens and immigrants, for democratic life and political participation. The paper explores nationalist and multiculturalist arguments for implementing post-arrival integration to ensure a shared public language but contends that such arguments cannot justify pre-departure language requirements. In addition, instrumental language interests for democratic political life fall empirically short and place undue burdens on immigrants. The case of family reunification poses a unique moral problem, given the vital interest in living with one's family. The paper argues that the linguistic interests of the receiving state, in general, do not outweigh the claim to family reunification.     

利益冲突

探讨利益冲突的概念及其要素,影响利益冲突的可能因素。利益冲突的危害,并在探讨这些问题基础上提出处理利益冲突的若干措施。     

Civic Education and the Good

It is argued that children need to learn about civic issues intheir education because certain virtues are required for a decently organisedsociety. It is also argued that the school has wide obligations to educate theyoung in civics because it is in their best interests. This is not seen asan encroachment on the privacy of the individual. It is explained that theschool has an obligation to impart knowledge to the young.