论医患关系的法律属性

医事法（又称卫生法）究竟是属于民法的调整范畴还是属于行政法的范畴,国内学术界争议很大。从医学科学与医疗行为的本质特征看,医患关系并不具备民事法律关系所必须具备的主体平等、双方自愿及等价有偿互惠互利三大特征中的任何一个特征。同时也不存在行政主体与行政相对人的关系。为此,首次提出医事法既不调整横向的民事法律关系,也不调整纵向的行政法律关系,而是调整斜向的医事法律关系的一门独立的法律体系的理论。     

坚持科学发展观 促进中医药学现代化

中西医各有短长都不要无限夸大自身的优势。中西医互补整合是现代医学发展的潮流。学术争论不要政治化,科技管理要法制化,学者必须从浮华世态中醒悟过来,重建学者应有的人格和道德,纯洁科学的神圣殿堂。坚持科学发展观,中医药学才有长足的进步。     

School Counselors’ General Self-Efficacy,Ethical and Legal Self-Efficacy,and Ethical and Legal Knowledge

School counselors encounter ethical and legal situations that necessitate the knowledge and confidence to apply decision-making skills. We report the findings from a correlational investigation that examines practicing school counselors’ (N = 287) ethical and legal self-efficacy, ethical and legal knowledge, and general self-efficacy. Higher ethical and legal self-efficacy was associated with higher general self-efficacy and ethical and legal knowledge. The implications of these findings are discussed.     

Driving examiners’ views on data-driven assessment of test candidates: An interview study

Vehicles are increasingly equipped with sensors that capture the state of the driver, the vehicle, and the environment. These developments are relevant to formal driver testing, but little is known about the extent to which driving examiners would support the use of sensor data in their job. This semi-structured interview study examined the opinions of 37 driving examiners about data-driven assessment of test candidates. The results showed that the examiners were supportive of using data to explain their pass/fail verdict to the candidate. According to the examiners, data in an easily accessible form such as graphs of eye movements, headway, speed, or braking behavior, and color-coded scores, supplemented with camera images, would allow them to eliminate doubt or help them convince disagreeing test-takers. The examiners were skeptical about higher levels of decision support, noting that forming an overall picture of the candidate’s abilities requires integrating multiple context-dependent sources of information. The interviews yielded other possible applications of data collection and sharing, such as selecting optimal routes, improving standardization, and training and pre-selecting candidates before they are allowed to take the driving test. Finally, the interviews focused on an increasingly viable form of data collection: simulator-based driver testing. This yielded a divided picture, with about half of the examiners being positive and half negative about using simulators in driver testing. In conclusion, this study has provided important insights regarding the use of data as an explanation aid for examiners. Future research should consider the views of test candidates and experimentally evaluate different forms of data-driven support in the driving test.     

Traumatic Incidents and Experiences of Racism and Sexism: Examining Associations with Components of Critical Consciousness for System‐Involved Girls of Color

Scholarship identifies critical consciousness as a key developmental asset in promoting the well‐being of adolescents experiencing multiple socio‐structural axes of oppression. Girls of color at acute risk for legal system involvement or re‐involvement are absent from this literature. They are a critical population in which to examine this construct given their experiences of oppression and the myriad benefits of critical consciousness. The current study addresses this gap by examining traumatic incidents and experiences of racism and sexism as correlates of critical reflection and action among a sample of girls (N = 220; Mean age = 14.5 years; SD = 1.3 years). Using path analysis and multigroup modeling, we examine direct associations between these three manifestations of structural oppression and critical consciousness and explore the interplay of traumatic incidents, and racism and sexism in girls’ critical consciousness development. Findings suggest that experiences of sexism and racism, uniquely and positively predict critical action, but not critical reflection. Surprisingly, girls’ experiences of traumatic incidents do not predict reflection or action. Finally, multigroup analyses show no evidence that these associations vary by the interplay of traumatic incidents, racism, and sexism. Implications for community psychology values and juvenile legal system practice and policy are discussed.     

Explaining the effects of a decision intervention on mammography intentions: The roles of worry,fear and perceived susceptibility to breast cancer

Objective: This study examines the effects of a mammography decision intervention on perceived susceptibility to breast cancer (PSBC) and emotion and investigates how these outcomes predict mammography intentions.

Design: Randomised between-subjects online experiment. Participants were stratified into two levels of risk. Within each stratum, conditions included a basic information condition and six decision intervention conditions that included personalised risk estimates and varied according to a 2 (amount of information: brief vs. extended) × 3 (format: expository vs. untailored exemplar vs. tailored exemplar) design. Participants included 2465 US women ages 35–49.

Main Outcome Measures: PSBC as a percentage, PSBC as a frequency, worry, fear and mammography intentions.

Results: The intervention resulted in significant reductions in PSBC as a percentage for women in both strata and significant increases in worry and fear for women in the upper risk stratum. Of the possible mediators examined, only PSBC as a percentage was a consistent mediator of the effect of the intervention on mammography intentions.

Conclusion: The results provide insight into the mechanism of action of the intervention by showing that PSBC mediated the effects of the intervention on mammography intentions.     

Legal Innovation for Social Change: Exploring Change and Resistance to Different Types of Sustainability Laws

In this article I argue that a desirable future direction for political psychology would be to pay more attention to social‐psychological processes involved in the response to innovative laws, in particular those devised with sustainability and environmental protection aims. This involves taking into account the following premises: (1) innovation and change are not unitary phenomena; instead there are different types of innovation; (2) legal and policy innovation is a specific type and is highly central in an era when global challenges are increasingly dealt with by global treaties which are then translated into national laws with a call to transform local practices; (3) offering attention to the reception of such innovation involves developing specific conceptual tools; (4) devising a typology of legal innovation is one step in this direction; (5) furthering our comprehension of how people, groups, and institutions receive—i.e., accept, contest—legal innovation for sustainability is important for helping to push forward sustainability goals, which are legislated but far from attained. The present article outlines theoretical tools for addressing psychosocial processes involved in the reception of legal innovation, drawing mostly on the approach of social representations and the literature of environmental psychology, and offers three criteria for a typology of laws. Finally I present some examples of responses to subtypes of legal innovation from the sustainability domain, taken as an illustrative case, and discuss differences and commonalities in the processes of acceptance and resistance that each mobilizes.     

Explorations on the Notion of Legal Tolerance

This article builds on the notion of legal tolerance and analyzes the scope of its definition. It situates the notion in the complex set of relations occurring between the major systems of society. Generally, legal tolerance, as a concept, is understood in light of the possibilities of the legal system of influencing other major systems’ responses. On the other hand, tolerance is also the response of the legal system in respect to other major systems’ communications. Although there is a common understanding of tolerance as “under punishing bias” in criminology or as political tolerance in political science, ¹ 1. There is also a distinct field in political science, where the issue is political tolerance. In this view, political tolerance is defined as “Political tolerance typically refers to individual-level attitudes that permit groups to express opinions or maintain practices that a majority finds objectionable.” See Allison Harrell, The limits of tolerance in diverse societies: Hate speech and political tolerance norms among youth. Canadian Journal of Political Science 43 (2010), 407–432. See also C. W. Collier, A legal theory of tolerance and perspective. ARSP. Archiv. für Rechts- und Sozialphilosophie 84(1) (1998), 59–86. Still within criminology, an antonym for legal tolerance would be the notion of “Rationalité Pénale Moderne”; see Pires, Alvaro Pires, “Beccaria, l’utilitarisme et la rationalité pénale moderne,” in Christian Debuyst, Françoise Digneffe, Jean-Michel Labadie, and Alvaro P. Pires, eds., Histoire des savoirs sur le crime et la peine. Tome II : La rationalité pénale et la naissance de la criminologie, Première partie: “La formation de la rationalité pénale moderne au XVIIIe siècle,” (Les Presses de l’Université de Montréal, Les Presses de l’Université d’Ottawa, De Boeck Université, 1998), chapter 3, 83–143. Collection: Perspectives criminologiques. the focus of this article is different. The central points here are, first, the analysis of legal tolerance as part of systemic communications and, second, the historicity of the transformations of the nation-state in its ability to cope with the growth of separate, distinct and partial systems of society. Tolerance seems relational and raises questions such as: “How much can the legal system tolerate?” And also, “Which societal topics belong to the social system's domain-matter?” These questions are relevant given that the concept of legal tolerance depends on the possibilities of a given system to steer, to direct or to influence other major systems’ behavior, or to resist, respond or to address other systems, which are in its environment.

The concept of legal tolerance requires an analysis of a cluster of related definitions to assess the implications of the concept. These definitions are the following: (1) The concepts that result from the historical process of structuration and that explain the emergence of social systems. (2) The definition of reflexivity and its relation with the “second order cybernetics dilemma.” This is the place where heuristic and epistemological problems are found. Such problems result from both the problem of representation and from the ontological status of the real. This analysis will show why reflexivity is a key concept to explaining the transformations suffered by such systems. Then, legal tolerance is a newer development in respect to the idea of planning. As an alternative to hard planning, legal tolerance creates a fostering environment. Instead of a single system directing other systems, legal tolerance is relational and created collectively by the organizational national state using its (limited) power of legal creation. Legal tolerance also stems from the concerned subsystems of the society (economy, law, politics, science, along with others) by means of a variety of legislative products, public policies, alliances, and legal and other scientific communications that emerge as coordinating mechanisms among the alluded major subsystems.     

Hypercitizenship and the Management of Genetic Diversity: Sociology of Law and the Key Systemic Bifurcation Between the Ring Singularity and the Neofeudal Age

This article is essentially theoretical and is focused on the allocative function of the legal systems to attract/reject different capitals according to their procedures to shape norms and laws. This function of the legal systems is pivotal in our times as humankind is facing a systemic and evolutionary bifurcation between the heideggerian Gegnet of a strategic, high speed convergence (i.e., Singularity) among robotics, informatics, nanotechnologies, and genetics (RINGs)—which will reshape human life in terms of its life quality styles and standards especially regarding health and environment matters, and the so called Neofeudal Scenario (NS) supported by those for whom the Industrial Model failed and the only way to save humankind and its environment would be a kind return to a Medieval life style based on a slow pace of life and austerity. This article provides an overview of the most important and recent international references regarding the two alternatives of bifurcation and describes a potential paradigm shift inside the systemic approach to reframe the conceptual map of global change through a systemic epistemology of the sociology of law.     

Ethical and Legal Considerations in the Training of Mental Health Professionals

Summary

A discussion is provided regarding ethical and legal considerations that relate to the training of mental health professionals. A training program which emphasizes a proactive approach to identifying and resolving potential ethical and legal problems, and their close connection with clinical issues is described, as are the responsibilities of supervisors and supervisees in such a program. For illustrative purposes, a training vignette and a clinical vignette conclude the article.