The Economic, Political, Strategic, and Rhetorical Uses of Simple Constructive Dilemma in Legal Argument

The author argues that simple constructive dilemma is a valuable argument form for reasoning under relative conditions of uncertainty. When applied to legal argument this value of simple constructive dilemma is shown in its political, strategic, rhetorical, and especially economic, uses by lawyers and judges. After considering some examples of the use of the form by trial lawyers, the author gives examples of the more interesting use of the form by appellate courts. Research into the use of simple constructive dilemma by appellate courts helps us to understand how those courts distribute judicial resources. It also helps us to understand the political role of the appellate courts with respect to the doctrine of the separation of powers. Given some of the specific examples of legal reasoning used by the appellate courts presented in this article, and given the discussion of the doctrine of precedent, the article’s focus is on common law legal systems of the Anglo-American-type.     

医疗市场化失败后的法律和伦理思考

法律上对于医疗机构的民事主体定位,虽然暂时满足了医疗市场化的需要,但却淡化了医疗机构所应承担的公共伦理职责.私权与公共伦理之间的剧烈冲突,最终使得医疗市场化走向终结.     

论英美医事法立法体系

我国现阶段的有关医疗方面的法律、法规,在整个医疗卫生活动中起到了规范和制约的作用,但仍不完善。了解国外医事立法的历史和现状,有利于我国医事立法工作的开展。从英美法系医事立法出发,对英美法系的医事立法进行讲解和论述,从而起到借鉴的作用。     

Taking Law Seriously: Starting Points of the Hart/Devlin Debate*

The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the so-called “harm principle,” a sharp delineation of the realms of law and morality, and a static conception of the relationship between them. This article explores the limitations imposed by these various starting-points and argues for a holistic and symbiotic understanding of the relationship between law and morality. * Thanks to Tony Connolly, Leighton McDonald and Niki Lacey for penetrating and suggestive comments on previous versions.     

Practical Wisdom: Aristotle meets Positive Psychology

The strengths and virtues identified by positive psychology are treated as logically independent, and it is recommended that people identify their “signature” strengths and cultivate them, because more of a strength is better [Peterson and Seligman: 2004, Character Strengths and Virtues: A Handbook and Classification (Oxford University Press, New York); Seligman: 2002, Authentic Happiness (Free Press, New York)]. The present paper contrasts that view with the Aristotelian view that virtues are interdependent, that happiness (eudaimonia) requires all the virtues, and that more of a virtue is not always better than less. We argue that practical wisdom is the master virtue essential to solving problems of specificity, relevance, and conflict that inevitably arise whenever character strengths must be translated into action in concrete situations. We also argue that practical wisdom is becoming increasingly difficult to nurture and display in modern society, so that attention must be paid to reshaping social institutions to encourage the use of practical wisdom rather than inhibiting it.     

Convergence of Character Strengths in American and Japanese Young Adults

We investigated cultural influences on the distribution of character strengths, gender differences in character strengths, and the relationship of happiness to character strengths. Young adults from the United States (n=1099) and Japan (n=308) completed the English or Japanese versions of the Values in Action Inventory of Strengths. American and Japanese showed similar distributions of the 24 strengths measured: Higher strengths included love, humor and kindness, and lesser strengths included prudence, self-regulation, and modesty. Gender differences across cultures were also similar: Females were more likely than males to report strengths of love and kindness, whereas males were more likely to report bravery and creativity. In both samples, associations with happiness were found for zest, hope, curiosity and gratitude. The present study is a first step in an international study of character strengths, and we discuss the ubiquity and variation of character across culture.     

中文阅读过程中字形快速启动的眼动研究

以字形相似的汉字为启动字,探讨字形信息激活在汉字识别中的时间进程。实验1采用命名任务考察三种启动时间条件下是否存在字形启动效应,结果发现当启动时间为35ms时,出现稳定的字形启动效应。实验2采用眼动记录法考察阅读过程中的快速启动,结果在三种启动时间条件下均未发现显著的启动效应。     

Character mediation of story generation via protagonist insertion

The current study set out to examine how the presence or absence of depicted characters in visual narratives influences the degree of character-related content in improvised stories. The experiment consisted of trials of oral storytelling that were prompted by wordless comics. The degree of character content in the storylines was varied from being character-based—showing people engaging in social interactions—to being characterless, for example scenes depicting natural phenomena. An intermediate “character-implied” condition was also investigated, exemplified by the scene of a tornado passing through a town, where no people were depicted but in which their presence was strongly suggested. Linguistic content analysis of 472 stories demonstrated indistinguishable use of third-person pronouns (she/he) between character-implied and character-containing scenarios. An analysis of character presence demonstrated that storytellers inserted protagonists into the character-implied stories as vehicles for the actions taking place. This phenomenon reveals the character-driven nature of story creation.     

书写对阅读的影响——来自传统书写与电脑打字的证据

书写和阅读是在文字的基础上发展起来的, 二者存在共享的神经网络。书写能影响阅读, 阅读不仅依靠视觉加工, 还依赖书写运动表征。不同书写方式对阅读的影响不同, 传统书写对阅读有促进作用, 电脑打字对阅读产生了一定的消极影响。对汉字来说, 传统书写能加强汉字的正字法表征, 促进汉字阅读; 电脑打字对汉字阅读的影响尚无一致结论。未来研究可以考察传统书写与电脑打字神经机制的差异, 以及电脑打字对汉字认知加工的影响及神经机制。     

顿悟式组块破解的时间进程：ERP研究

本研究旨在探讨顿悟式组块破解的信息加工机制及神经动态变化。被试完成汉字拆解任务,也即从一个源汉字中移动部件从而得到有效汉字。研究操纵部件之间在空间交错背景下的类别关系：同类（移动部件和剩余部件都是汉字）和异类（移动部件是笔画,剩余部件是汉字）。与此同时记录事件相关电位变化。结果显示,同类条件比异类条件引发了更大的N2波动和减小的LPC波动。早期的N2效应可能提示了组块破解过程中的识别困难,而晚期的LPC效应可能提示了组块破解过程中的知觉转换困难。