夫妻生育权平等的冲突及其法律思考

我国婚姻法规定夫妻双方均有生育权,但事实上生育的最后支配权往往掌握在女性手中,导致近年来发生了许多有关夫妻生育权是否平等的争讼案件,受到了社会舆论和法律界的广泛关注。夫妻生育权的地位应重新审视,当因夫妻生育权的平等而发生侵权冲突时,必须在侵权法上进行适当解决,以维系各种社会关系的和谐发展。     

《管子》与汉初法制重构

《管予》渊源于齐文化,法制思想以礼、法并重为特色,齐用之而为东方大国;秦用商、韩之法迅速强大并统一六国,但秦法严苛激进,任法而废礼,致秦二世而亡。汉承秦之弊,在历史与现实中寻求适合自己发展的道路,于偶然,也是必然中选择了礼法并重的《管子》法制思想作为治国方略,史称黄老政治,使国家逐步实现了稳定与繁荣,并开创了二千多年的秦汉制度。     

Are There Any Rules?

The ``model of rules' that Ronald Dworkin attacks is an absurdmodel of law, if rules are taken to be standards that have nounspecified counterinstances, and whose application isalways uncontroversial. Dworkin gives good reason to thinkthat there are no such standards or virtually none in (e.g.)English law. But the model of rules is not misconceived, asDworkin claims. Rather, it needs a better understanding of the idea of a rule. I argue that the view that the law of a community is a system of rules needs to meet an importantchallenge that Dworkin has raised for jurisprudence: to accountfor the fact that legal rights and duties are frequentlycontroversial. I give an account of social rules thatexplains why controversy over their application in particularcases is common, and can be deep. So controversy gives noreason to reject the model of rules.     

Citizens' Sense of Justice and the Legal System

When an actor commits a wrong action, citizens have perceptions of the kind of responsibility the actor incurs, the degree to which the act was mitigated or justified, and the appropriate punishment for the actor. The legislatively mandated law of criminal courts, statutes, and criminal codes deals with the same issues. Experimental evidence shows that there are important discrepancies between the principles that people and legal codes use to assign responsibility. That is, the moral retributive-justice principles that people use are sometimes in conflict with the directions in which modern code drafters are taking criminal law. These discrepancies may cause citizens to feel alienated from authority, and to reduce their voluntary compliance with legal codes.     

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。     

Critical thinking in North America: A new theory of knowledge,learning, and literacy

The pace of change in the world is accelerating, yet educational institutions have not kept pace. Indeed, schools have historically been the most static of social institutions, uncritically passing down from generation to generation outmoded didactic, lecture-and-drill-based, models of instruction. Predictable results follow. Students, on the whole, do not learn how to work by, or think for, themselves. They do not learn how to gather, analyze, synthesize and assess information. They do not learn how to analyze the diverse logic of the questions and problems they face and hence how to adjust their thinking to those problems. They do not learn how to enter sympathetically into the thinking of others, nor how to deal rationally with conflicting points of view. They do not learn to become critical readers, writers, speakers and listeners. They do not learn how to use their native languages clearly, precisely, or persuasively. They do not, therefore, become literate, in the proper sense of the word. Neither do they gain much in the way of genuine knowledge since, for the most part, they could not explain the basis for what they believe. They would be hard pressed to explain, for example, which of their beliefs were based on rational assent and which on simple conformity to what they have been told. They have little sense as to how they might critically analyze their own experience, or identify national or group bias in their own thinking. They are much more apt to learn on the basis of irrational than rational modes of thought. They lack the traits of mind of a genuinely educated person: intellectual humility, courage, integrity, perseverance, and faith in reason.Happily, there is a movement in education today striving to address these problems in a global way, with strategies and materials for the modification of instruction at all levels of education. At its foundation is an emerging new theory of knowledge, learning, and literacy, one which recognizes the centrality of independent critical thinking to all substantial learning, one which recognizes that higher-order, multilogical thinking is as important to childhood as to adult learning, and as important to foundational learning in monological as in multilogical disciplines. This educational reform movement is not proposing an educational miracle cure, for its leading proponents recognize that many social and historical forces must come together before the ideals of the critical thinking movement will become a full academic reality. Schools do not exist in a social vacuum. To the extent that the broader society is uncritical so, on the whole, will be society's schools. Nevertheless, the social conditions necessary for fundamental changes in schooling are increasingly apparent. The pressure for fundamental change is growing. Whether and to what extent these needed basic changes will be delayed or side-tracked, thus requiring new periodic resurgences of this movement, with new, more elaborate articulations of its ideals, goals, and methods — only time will tell.     

THE STORY OF THE MIND: PSYCHOLOGICAL AND BIOLOGICAL EXPLANATIONS OF HUMAN BEHAVIOR

Abstract. Persons have a curious dual nature. On the one hand, they are subjects, whose actions must be explained in terms of beliefs, desires, plans, and goals. At the same time, however, they also are physical objects, whose actions must be explicable in terms of physical laws. So far no satisfying account of this duality has been offered. Both Cartesian dualism and the modern materialist alternatives (reductionist and antireductionist) have failed to capture the full range of our experience of persons. I argue that an exciting new approach to this difficulty can be found by considering developments in clinical psychology. The clinical debate between those endorsing biological models of mental illness and those endorsing psychodynamic models mirrors broader debates in the philosophy of mind. The possible resolution of this debate through the development of integrated psychobiological models suggests a promising way to reconcile the dual nature of persons in a far more appealing way than any yet proposed.     

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.     

The effects of empathy on search efforts for missing persons

People have difficulty sighting missing persons, partially because people's limited cognitive resources are required for searching. As a result, people sometimes do not devote resources to searching. This research will examine whether empathy increases the resources devoted to searching and search performance. In Experiment 1, we will manipulate empathy toward a formerly missing person and measure willingness to volunteer to search and actual search performance. In Experiment 2, we will manipulate empathy felt toward a missing person. We will measure the time participants spend studying the missing person's photograph. We hypothesize that participants induced to feel empathy will indicate more willingness to search (Exp 1 & 2), put more effort toward searching (Exp 1), and spend more time studying the photograph (Exp 2) than those not induced to feel empathy. If empathy increases search effort and performance, it could be induced in actual missing persons cases to increase recovery rates.