法制环境下的现代医学--一个必须面对的新问题

法制社会强调医疗行为的合法性.强调现代医学的法制环境主要目的是规范医疗行为,合法行医,和谐医患关系和防止医学科学技术的异化造成伦理和社会危机.法制医学对医务人员的责任要求包括:强制责任(救治责任)、民事责任、刑事责任、诉讼的举证责任和医疗免责条件.     

Certainty,reasonableness and argumentation in law

This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialectical notion of rationality this alternative account espouses an ambitious approach to reasoning in law and conceives of the theory of legal argumentation as the vantage point from which to analyze legal systems and tackle the main problems connected with their existence. Next, I look at what this alternative approach does for the way we should go about treating certainty and reasonableness, considered singularly as well as in their reciprocal relationship. I conclude on this basis that when argumentation receives its due emphasis in law we have to redefine certainty and reasonableness and recast their connection as non-conflictive.     

未成年人法律自我保护意识的调查

本研究用自编“未成年人法律自我保护意识问卷”考察了1178名未成年人学生的法律自我保护意识的现状、性别差异及父母文化程度对其的影响。结果表明,大多数未成年人被试对《未成年人保护法》的熟悉度较低;未成年人被试法律自我保护意识的盲区主要表现在大多数未成年人没有意识到父母或其他监护人对其生命健康权和人格尊严权的侵犯是违法的行为;《未成年人保护法》的宣传教育应当更具科学性和针对性。     

非物质文化遗产跨国保护的法律对策

虽然国际社会对非物质文化遗产的保护进行了相关的立法,但是由于非物质文化遗产本身的特性和各国立法理念的差异,非物质文化遗产的跨国保护一直没有形成有效的机制。以至于出现了跨国侵犯非物质文化遗产权益的现象。我国拥有丰富的非物质文化遗产以及收集、保护的传统,同样面临着不断被外国组织或团体侵犯非物质文化遗产权益的现状。我国应当借鉴他国立法经验,进一步完善相关立法．积极参与国际规则的制定,提升非物质文化遗产的跨国保护水平。     

Research in Applied Ethics: Problems and Perspectives

The last few decades have seen a dramatic increase in concern with matters of ethics in all areas of public life. This ‘applied turn’ in ethics raises important issues not only of focus, but also of methodology. Sometimes a moral end or moral feature is designed into an institution or technology; sometimes a morally desirable outcome is the fortuitous, but unintended, consequence of an institutional arrangement or technological invention. If designing-in ethics is the new methodological orientation for applied ethics, globalisation is providing many of the practical ethical problems upon which to deploy this methodology. This is a revised version of an article that was presented at the 2007 Applied Ethics Conference in Sapporo, Japan, hosted by the University of Hokkaido. Thanks to Jeroen van den Hoven for the key idea of ‘designing-in-ethics’.     

How People Can Benefit from Mental Health Consumer-Run Organizations

The goal of this study is to develop a more comprehensive theoretical understanding of the processes by which people can benefit from mental health consumer-run organizations (CROs). To accomplish this goal, the concept of roles is used to create a preliminary framework that draws connections between several established theoretical explanations. To ground theory development in empirical data, 194 CRO members from 20 CROs answered open-ended questions about what personal changes occurred as a result of their CRO involvement and what CRO participation experiences enabled personal change. Data analysis led to the identification of 18 personal change categories and 7 experiences that led to change. These categories were integrated into the preliminary theoretical framework, which needed to be extended to accommodate all categories. While inevitably tentative, the final conceptualization provides a more comprehensive understanding of the processes by which people can benefit from CRO participation.     

Analysis of recent incidents of on-field violence in sport: legal decisions and additional considerations from psychology

This article focuses on two recent incidents of serious on-field violence in sports and the legal consequences for those involved. The two incidents occurred in Dutch football (soccer) and became infamous owing to the nature of the violent incidents and widespread media coverage. The legal outcomes of these two incidents are described, and some of the difficulties that legal authorities face in considering assaults on the sports field are discussed. A new way of categorizing such violent incidents and the motivation behind them, based on an established psychological theory [reversal theory, Apter, 1982, 2001] is proposed. Taken along with the other points made in this article, being aware of when and how individuals cross the boundaries between play and anger, power or thrill violence may provide an additional perspective to making informed decisions about illegal violent acts on the sports field.     

The effects of predictive ability information,locus of control,and decision maker involvement on decision aid reliance

This study examines several factors that influence decision makers' willingness to rely on mechanical decision aids. The first experiment examined the effects of predictive ability information and locus of control on decision aid reliance. The results indicate that decision makers were more likely to rely on a decision aid when its predictive validity was not disclosed. Further, decision makers with an external locus of control relied more on the decision aid than those with an internal locus of control. The second experiment expanded upon this result to examine the interactive effects of decision maker involvement and locus of control. The results suggest that involving decision makers in the aid's development enhanced reliance. However, decision makers with an internal locus of control were more strongly influenced by this form of involvement (in terms of increasing their reliance on the decision aid) than decision makers with an external locus of control. Copyright 2001 John Wiley & Sons, Ltd.     

A Survey of 25 Years of Research on Legal Argumentation

This essay discusses the developments and trends of research in legalargumentation of the last 25 years. The essay starts with a survey of thevarious approaches which can be distinguished: the logical approach, therhetorical approach, and the dialogical approach. Then it identifies varioustopics in the research, which constitute the various components of aresearch programme of legal argumentation: the philosophical component, thetheoretical component, the reconstruction component, the empiricalcomponent, and the practical component. It concludes with a discussion ofthe main trends in the research of the last 25 years.     

Adolescent Development and Juvenile Justice

The central question examined in this address is, “Do children's crimes make them adults?” I begin by focusing on the concept and history of adolescence in our society, I then examine the development and philosophy of the juvenile justice system. Adolescent development and juvenile justice are brought together around the concepts of maturity, judgment, and competence, followed by a brief introduction to some current research that we are engaged in regarding the issues of adjudicatory and culpability competence. I conclude with suggested directions for future work.