罗尔斯“分配的正义观”与诺齐克“持有的正义观”对照研究

分配正当性的根据是什么 ?人的基本权利与平等的要件如何分配才是符合正义的 ?罗尔斯和诺齐克从两个向度上对此作了深入研究。罗尔斯从平等的权利出发 ,主张用“公平正义的两个原则”来取代功利主义 ,认为除非有充足理由证明应当不平等 ,否则就应当平等。并要求依据“公平的正义原则”分配公共资源和自由体系 ;诺齐克从人的不可剥夺的权利出发 ,认为除非有充足理由证明应当平等 ,否则就应当不平等 ,通过“资格”理论确立“持有”的正当性。在功利主义、财产权、国家的作用、自由平等、分配模式和社会稳定的意义等方面 ,罗尔斯与诺齐克的观点也各有契合与对立。     

THE OTHER SIDE OF SILENCE: RACHEL CARSON'S VIEWS OF ANIMALS

Abstract The publication of Rachel Carson's Silent Spring, a compelling blend of stories, natural history, human values, and biological facts, in 1962 was instrumental in launching the modern environmental movement. We consider Carson's attitude toward animals in Silent Spring and in her other writings. Carson favored responsible stewardship and was more of an animal welfarist and environmentalist/conservation biologist who privileged ecosystems and species than an animal activist who privileged individuals, and she did not advocate an animal‐rights agenda. There is clear tension in Carson's writings. Often she seems troubled by attempting to come across as a moderate and practical scientist, and some of her words, when considered out of context, could lead one to label her as an animal‐rightist. While some of Carson's writing favors human‐centered interests, she did not believe that only humans counted. Her warnings about silent springs must be taken seriously, perhaps even more seriously than when they were penned more than four decades ago. Carson was a passionate and extremely influential activist and if a world of persons like her were in charge of our global environmental policies, we and our fellow animals would be in much better shape than we currently are.     

Differentiated Citizenship and Contextualized Morality

Political theorists, increasingly, are realizing the virtues of contextuality to conceptual analysis. Just as theory may provide useful standards for the assessment of political practices, so may application of theoretical constructs within particular contexts provide a critical corrective to theory. This essay relates work undertaken within sociolegal studies applying a constitutive methodology to such efforts to contextualize political theorizing. The essay describes how the emphasis placed by constitutive theory on locality and meaning entails a contextual analysis. The essay then demonstrates how a constitutive and contextual approach can enhance our understanding of the moral issues surrounding differentiated citizenship policy. While the most obvious cost associated with differentiated citizenship policy is a loss in formal equality, a contextual assessment demonstrates the prospect of an even deeper, though ultimately contingent, moral loss in self-invention.     

Towards a Sociological turn in Contextualist Moral Philosophy

Contextualist moral philosophers criticise hands-off liberal theories of justice for abstracting from the cultural context in which people make choices. Will Kymlicka and Joseph Carens, for example, demonstrate that these theories are disadvantageous to cultural minorities who want to pursue their own way of life. I argue that Pierre Bourdieu's critique of moral reason radicalises contextualist moral philosophy by giving it a sociological turn. In Bourdieu's view it is not enough to provide marginalised groups or subgroups with equal access to public institutions and specific cultural rights—in some cases this may in fact be detrimental. He contends that scientists, politicians and other intellectuals have a duty to take seriously the social presuppositions of free deliberate choice and public opinion and to support cultural minorities with instruments to liberate themselves from their often precarious situation.     

Clinical and demographic features of the online counselling client population

The purpose of this research was to determine the demographics and characteristics of clients seeking online counselling over an eight‐month period of clinical online practice. Two hundred and seventeen clients seeking Internet counselling completed a Counselling Application and a Life History Questionnaire. The characteristics of the relatively new client population include the following categories: gender, age groups, martial status, education, primary reason for seeking online therapy, secondary issues, frequency of email exchanges, and online vs. face‐to‐face counselling preferences. Implications for online counselling practice are discussed.     

Panel: What could be Jungian about Human Rights work?

The question of whether Jungian analysts should move beyond the consulting room to engage with mental health issues that pertain to the collective is the focus of this paper. Two narratives are presented: one from the view point of a psychiatrist in Occupied Palestine, the other from the conflicted situation which faces an Israeli analyst. Despite the strong ambivalence that is experienced on both sides, there is a willingness to meet and to take a standpoint without necessarily coming to a resolution. A third position is offered by describing experiences from the South African perspective. The African notion of Ubuntu is offered as a moral entry point that states that community goes beyond one's own; from this point of view, Jungian analysts can do no other than to act.     

国民公正观的结构

对429名被调查者的研究发现,最为公众赞同的公正观依次为:(1)公正体现在法律面前人人平等;(2)公正体现为人们在求学、就业、投资、参政等方面的机会平等;(3)公正体现在程序公平合理。因素分析表明,国民的公正观是多元的,可分为6个维度,分别为权利、衡平、救济、报应、平等、平均。聚类分析的结果表明,公正内隐观的6个维度最终可聚为"均等"和"对等"2类。     

论医务人员在医疗事故技术鉴定过程中的法律地位

目前,医疗事故技术鉴定过程中忽视了医务人员应有的地位。从法律规定和程序正义、当事人理论等方面明确了医务人员在鉴定中的法律地位。论述了医务人员应当是医疗事故技术鉴定的当事人,其在鉴定中享有当事人的权利和义务,这对保护医务人员的合法权益有着重要意义。     

Culture-sensitive functional analytic psychotherapy

Functional analytic psychotherapy (FAP) is defined as behavior-analytically conceptualized talk therapy. In contrast to the technique-oriented educational format of cognitive behavior therapy and the use of structural mediational models, FAP depends on the functional analysis of the moment-to-moment stream of interactions between client and therapist. This distinctive feature makes FAP particularly sensitive to the challenges posed by cultural differences between client and therapist. Core elements of FAP philosophy are invoked to argue that this vulnerability paradoxically implies an increased ability to capture and use relevant issues in the therapy process with culturally different clients. This argument focuses FAP's preference for concrete behavior over theoretical modeling, its emphasis on functional principles rather than topographically defined techniques, and its inclusion of the therapist's behavior in the assessment of clients' clinically relevant behavior. Suggestions are given concerning how academic and practical training and personal experience may be used to foster sound multicultural practice.     

INCREASING OUR COMPASSION FOOTPRINT: THE ANIMALS' MANIFESTO

Our relationships with animals are wide‐ranging. When people tell me that they love animals and then harm or kill them I tell them I'm glad they don't love me. Many individuals, including scientists, ignore their responsibility when they interact with animals and fail to recognize that doing something in the name of science, which usually means in the name of humans, is not an adequate reason for intentionally causing suffering, pain, or death. “Good welfare” usually is not “good enough”. Existing regulations allow animals to be treated in regrettable ways that demean us as a species. Compassion is the key for bettering both animal and human lives. A good way to make the world a more compassionate place for animals is to increase our compassion footprint. We could begin by deciding that we will not intrude on animals' lives unless our actions are in the best interests of the animals irrespective of our desires. It is simple to make more compassionate choices about what we eat and wear and how we educate students, conduct research, and entertain ourselves at the expense of animals. The time to make these changes is long overdue.