公民的两种身份及其道德要求

“公民道德”意义上的公民具有两种身份,一是法律身份,一是社会身份。不同的身份决定了对个体不同的道德要求。一般来说,这两种身份统一于一个具有完全责任能力的个体之中,不同的身份只能出现在不同的场合或者承载不同的社会关系,场合不同、社会关系不同,对他的道德要求就不一样,二者不能混淆,即身份是不能僭越也不能放弃。但是,两种身份的道德要求在底线上是一致,这就是说,两种身份的责任和道德要求在特定的场合和社会关系之中可以融通。     

Thinking about complex decisions: How sleep and time-of-day influence complex choices

In this study, we systematically manipulate a person’s state of sleep; Sleep-deprived and Well-rested along with Matching or Mismatching the decision time-of-day to their circadian preferred time-of-day. We assessed how these conditions influenced performance on an incentivized complex decision task. In the overall analysis of these variables no differences emerged. However, a comparison of the more cognitively depleting Sleep-deprivation/Circadian-mismatch condition to the cognitively enhancing Well-rested/Circadian-match condition showed improved performance in the Well-rested/Circadian matched group for one complex decision task but not for the other. These findings build upon the existing literature on sleep and circadian rhythm effects while uniquely observing the combined effects of these variables on complex decision making.     

Assessment and choice: an operant simulation of foraging in patches

Pigeons were presented with an operant simulation of two prey patches using concurrent random-ratio schedules of reinforcement. An unstable patch offered a higher initial reinforcement probability, which then declined unpredictably to a zero reinforcement probability in each session. A stable patch offered a low but unvarying reinforcement probability. When the reinforcement probability declined to zero in a single step, the birds displayed shorter giving-up times in the unstable patch when the ratio between the initial reinforcement probabilities in the unstable and stable patches was greater and when the combined magnitude of the reinforcement probabilities in the two patches was greater. When the unstable patch declined in two steps, the birds behaved as if their giving-up times were influenced heavily by events encountered during the most recent step of the double-step change. This effect was observed, however, only when the reinforcement probability in that step was .04, not when it was .06. All of these data agree with the predictions of a capture-probability model based on a comparison of the estimated probability of receiving a reinforcer in the current patch with that in alternative patches.     

American Legal argumentation: The Law and Literature/rhetoric movement

This essay discusses the most recent manifestations of the debate of the law and literature movement. The essay traces the evolution of the Law and Literature schools and identifies some of their adherents and conclusions, shows how these schools have influenced the conceptual development and teaching of American law, presents connections between the Critical Legal Studies and Law and Economics movements in the U.S., and raises questions about the Law and Literature movement.     

Numeracy in the jury box: Numerical ability,meaningful anchors,and damage award decision making

This project employs an experimental design to test theoretical predictions regarding how numeracy can assist jurors in determining damage awards to compensate a plaintiff for pain and suffering and how the use of meaningful numerical anchors may produce similar benefits. Mock jurors (N = 345) reviewed a legal case and were asked to give a dollar award to compensate the plaintiff for pain and suffering. The presence and nature of a numerical anchor and the duration of pain and suffering were manipulated. Participants' numeracy was measured. Results provided support for predictions. Jurors higher in numeracy gave awards that more appropriately reflected the duration of pain and suffering and showed less variability in awards. Similar benefits were obtained by exposing jurors to meaningful numerical anchors to help them contextualize dollar amounts. Thus, introducing meaningful anchors to jurors may provide similar benefits to numeracy, without the drawbacks associated with selecting only numerate jurors.     

Pratiquer l’analyse interprétative phénoménologique : intérêts et illustration dans le cadre de l’enquête psychosociale par entretiens de recherche

Introduction

Interpretative phenomenological analysis is a qualitative discourse analysis method that has sprung up much research in psychology over the past 20 years. Grounded in phenomenology, idiography and hermeneutics, this research strategy strongly suits the understanding of individuals lived experience and their sense making of life events.

论行政调解的法制建构

行政调解是我国调解制度的重要构成部分,是"大调解"纠纷解决机制的重要环节,对解决社会纠纷、化解社会矛盾具有特殊重要的地位和功能。但是我国行政调解法律制度至今尚未建立起来。本文认为,我国调解法律制度建设的目标是在《人民调解法》的基础上,制定统一的《调解法》,建构较为完备的调解法律制度。当前的重点是建立和完善行政调解制度,建议在《调解法》制定之前由国务院制定《行政调解条例》,建立较为完整的行政调解法律制度,国务院行政法规制定以前,各省、自治区、直辖市人大常委会可以先行制定行政调解的地方性法规,将行政调解纳入法治轨道。进而,本文围绕构建我国行政调解法律制度,对我国行政调解的概念界定、行政调解主体、行政调解的范围、行政调解的基本原则、行政调解的程序和行政调解协议的法律效力等问题进行了较为系统的探讨。     

台湾地区姑息医学制度的建立及法律实践

姑息治疗在提高晚期癌症患者生活质量、实施临终关怀、给予病人及其家属全面周到的照顾诸方面起着重要作用。在台湾,已为姑息治疗立法并实施了10年,积累了丰富的经验。这项法律本身及其细则、附件等配套文件使姑息治疗更加规范可行。研究规范的姑息治疗及台湾的相关法律可以帮助我们更好的理解姑息治疗的理念,帮助发展大陆同道构建有效实用的...     

Die Rechtsansichten der Eurasier -- Rechtsordnung oder Wertordnung?

In their juridical doctrines, the members of the Evrazijstvo movement advocated the idea of a Russian special path criticizing at the same time the formalism and coldness of the western conception of law, based principally on Roman law. Their views are characterized by an evident priority accorded to justice over law, to the order of values over legal order.     

A Negotiation Approach to Intake and Treatment Choice

Treatment choice is the decision process whereby the psychotherapeutic methods and the psychotherapist are determined when psychotherapy is recommended for a specific client. In this article the problem of treatment choice is situated within an integrative view of psychotherapy. A review of the literature confirms the usefulness of the following concepts for treatment choice: client preferences, client control of the situation of choice, and the mutual acceptability of differing views of therapists and clients. These research findings reveal the importance of four elements in the psychotherapeutic intake strategy: exploration of the client's perspective, informing the client, negotiation as a process of confrontation between the client's and the clinician's perspective, and the client's ultimate choice between alternative treatment proposals.