Following the Path to Equality Through Law: Reflections on Baker et al., <Emphasis Type="Italic">Equality: from Theory to Action</Emphasis>

This article assesses the significance of Baker et al., Equality: from Theory to Action from the perspective of current concerns occupying legal equality scholars in the UK, focusing in particular on the practical relevance of equality studies to the kinds of issues arising from the debate over the new Commission for Equality and Human Rights (CEHR). The article highlights and considers key issues, including the delineation of the sphere of inequality protection, the normative content of the concept of equality espoused by law and the potential of law to reach beyond its current limits to embrace the broader dimensions of (in)equality identified in Baker et al.’s account.     

通过厄洛斯神话看柏拉图的诗性智慧

The interlink between myth and wisdom in Hellenic heritage is characteristically embodied in the Platonic philosophizing as regards the education and enculturation of the human psyche. As is read in the end of The Republic, the myth of Er turns out to be a philosophical rewriting of poetry to a large degree. For it engagingly reveals Plato’s moral inculcation, philosophical instruction and poetic wisdom in particular, all of which are intended to guide human conduct along the right track for the bliss of the postmortem cycle, and put philosophy learning into first priority for the choice of the future life. Moreover, the transmigrate experience in the mystic overtone of “the Orphic-Pythagorean conglomerate” is discussed with a intercultural reference to the Buddhist doctrines of samsara and karma.      

Public Space

“Public space” is the space where individuals see and are seen by others as they engage in public affairs. Hannah Arendt links this space with “public freedom.” The being of such freedom, she asserts, depends on its appearing. It consists of “deeds and words which are meant to appear, whose very existence hinges on appearance.” Such appearance, however, requires the public space. Reflecting on Arendt’s remarks, a number of questions arise: What does the dependence of freedom on public space tell us about the nature of freedom? How does public freedom relate to the freedom of a private individual? Does the latter also depend on its appearing? Which is generatively prior: freedom or public space, i.e., the actions that publicly manifest freedom or the space required for their appearance? How does public power shape this space? In this article, I approach these questions through a phenomenological study of public space.     

“PERHAPS YOU ONLY KISSED HER?”: A Contrapuntal Reading of the Penalties for Illicit Sex in the Sunni Hadith Literature

The goal of this essay is to illustrate how Ebrahim Moosa's method of “contrapuntal reading” can be applied fruitfully to the Sunni hadith literature. My case study is the set of penalties (hudud) for illicit sex, which include flogging, stoning, and banishment. I propose a fresh reading of these sacred texts that brings to the fore the ethical dimension of Prophet Muhammad's conduct, especially his strong reluctance to apply these measures. I conclude by identifying four ethical problems that the stoning penalty raises and suggest how the hadith literature can be read to argue against the validity of this specific punishment.     

Differential aggressiveness and litigiousness: Social support and social status hypotheses

The Qolla Indians have high rates of involvement in agonistic forms of interaction. In previous reports the author suggested that ecological and physiological factors are causally associated with intracommunity differential participation in aggressive behavior. The present article described tests of hypotheses using other variables to explain this behavioral differentiation. The hypothesis that aggressiveness and participation in litigation are a function of the amount of social support the individual can potentially mobilize is tested. The relationships between indicators of social status (wealth, education, age, political activities, and ritual participation), on the one hand, and aggressiveness and litigiousness, on the other, also are examined.     

司法判例实证分析“药神案”的法律适用问题

由于境外药品审批的滞后性及患者经济负担等原因,代购未经批准进口的境外原研药及仿制药现象在我国客观存在,一旦进入公诉机关视野成为备受瞩目的“药神案”,往往要在市场秩序与患者生命健康权之间相平衡。新修订的《药品管理法》回归药品实效性,将“未经批准进口的药品”排除在“假药”范畴外,使得此类行为不再构成销售假药罪,但这并不意味着进口、销售未经批准的药品完全合法化,其仍可构成行政违法,甚至刑事犯罪。在总结裁判文书网公布的相关案例基础上,通过实证分析进一步探究此类案件的法律适用,以期实现司法裁判的统一。     

Self-control in adult humans: variation in positive reinforcer amount and delay.

In five experiments, choice responding of female human adults was examined, as a function of variations in reinforcer amount and reinforcer delay. Experiment 1 used a discrete-trials procedure, and Experiments 2, 3, 4, and 5 used a concurrent variable-interval variable-interval schedule. Reinforcer amount and reinforcer delay were varied both separately and together. In contrast to results previously reported with pigeons, the subjects in the present experiments usually chose the larger reinforcers even when those reinforcers were delayed. Together, the results from all the experiments suggest that the subjects followed a maximization strategy in choosing reinforcers. Such behavior makes it easy to observe self-control and difficult to observe impulsiveness in traditional laboratory experiments that use adult human subjects.     

EFFECTS OF PROBLEM DIFFICULTY AND REINFORCER QUALITY ON TIME ALLOCATED TO CONCURRENT ARITHMETIC PROBLEMS

Students with learning difficulties participated in two studies that analyzed the effects of problem difficulty and reinforcer quality upon time allocated to two sets of arithmetic problems reinforced according to a concurrent variable-interval 30-s variable-interval 120-s schedule. In Study 1, high- and low-difficulty arithmetic problems were systematically combined with rich and lean concurrent schedules (nickels used as reinforcers) across conditions using a single-subject design. The pairing of the high-difficulty problems with the richer schedule failed to offset time allocated to that alternative. Study 2 investigated the interactive effects of problem difficulty and reinforcer quality (nickels vs. program money) upon time allocation to arithmetic problems maintained by the concurrent schedules of reinforcement. Unlike problem difficulty, the pairing of the lesser quality reinforcer (program money) with the richer schedule reduced the time allocated to that alternative. The magnitude of this effect was greatest when combined with the low-difficulty problems. These studies have important implications for a matching law analysis of asymmetrical reinforcement variables that influence time allocation.     

Independence of stimulus discriminability from absolute rate of reinforcement in a signal-detection procedure.

Three experiments are reported in which two pigeons were trained to detect differences in stimulus duration under varying levels of absolute rate of reinforcement. Two red stimuli, differing in duration, were arranged probabilistically on the center key of a three-key chamber. On completion of the center-key duration, the center keylight was extinguished and the two side keys were illuminated white. Correct responses were left-key pecks following the shorter duration and right-key pecks following the longer duration. In Experiment 1, relative rate of reinforcement for correct responses was held constant and absolute rate of reinforcement was varied in seven conditions from continuous reinforcement to a variable-interval 90-second schedule. In Experiment 2, relative rate of reinforcement was manipulated across three different absolute rates of reinforcement (continuous reinforcement, variable-interval 15-second, and variable-interval 45-second). Stimulus discriminability was unaffected by changes in absolute or relative rates of reinforcement. Experiment 3 showed that discriminability was also unaffected by arranging the same consequences (three-second blackout) for unreinforced correct responses and errors.