当前医师执业环境对在校医学生影响的调查研究

当前医患关系紧张, 医师的执业环境不容乐观, 为了解这种执业环境对在校医学生的影响, 以复旦大学上海医学院的部分在校医学生为调查对象, 了解他们对当前医师执业环境所忧虑和关注的问题, 以及毕业后的职业方向。结果表明, 尽管88.16%的临床医学专业的医学生把临床医疗工作作为将来要从事的职业, 但对于“个人安全”的关注成为临床医学专业学生主要的忧虑。由此可见, 改善当前医师的执业环境已经成为广大临床医生和医学后备军的共同要求。     

Is there a profession of engineering?

This article examines three common arguments for the claim that engineering is not a profession: 1) that engineering lacks an ideal internal to its practice; 2) that engineering’s ideal, whether internal or not, is merely technical; and 3) that engineering lacks the social arrangements characteristic of a true profession. All three arguments are shown to rely on one or another definition of profession, each of which is inadequate. An alternative to these definition is offered. It has at least two advantages. On the one hand, it emphasizes the importance of professional community, the role of occupation in defining profession, the centrality of a moral ideal, and the necessity for morally binding standards (beyond ordinary morality). On the other hand, the alternative definition is in part independent both of moral theory and sociology. This article concludes by considering what light the alternative definition can throw on the professional status of engineers serving the Nazis.     

Neo-Fascist Legal Theory on Trial: An Interpretation of Carl Schmitt's Defence at Nuremberg from the Perspective of Franz Neumann's Critical Theory of Law

This article addresses, from a Frankfurt School perspective on law identified with Franz Neumann and more recently Habermas, the attack upon the principles of war criminality formulated at the Nuremberg trials by the increasingly influential legal and political theory of Carl Schmitt. It also considers the contradictions within certain of the defence arguments that Schmitt himself resorted to when interrogated as a possible war crimes defendant at Nuremberg. The overall argument is that a distinctly internal, or “immanent”, form of critique is required of Schmitt's position, in which its is found wanting even on its own terms. In principle, the application of this dialectical mode of critique can allow a genuine debate to emerge between those seeking to continue both the Schmittian and critical theory traditions, whilst safeguarding the latter from the dangers of formulating polemical interventions that are, in effect, counterproductive to their own intentions. This revised version was published online in June 2006 with corrections to the Cover Date.     

Les “règles de la discussion légitime” dans la logique de Port-Royal

In the XVIIth century the conflict which opposed the jansenists to the jesuits involved the problem of the due process in theological matter. The jesuits heralded the thesis that the infallibility of the Church has to be extended from dogmatics (quaestio iuris) to the historical facts (quaestio facti). On the opposite side Arnauld maintained that such an opinion was monstruous: also in religious matters the fact has to be proved according to the principles of a due process, and not by authority. In this article the thesis pleaded by the jansenists is considered in connection with the model of argumentative procedure offered by the Port-Royal logic.The Logique ou Art de penser (1622) by Antoine Arnauld and Pierre Nicole seems to have rediscovered the classical principles of the theory of argumentation: from the burden of proof to the idea of probable truth. But really a new model of adversary-system has been introduced into the modern mind, which is very different in concept from the topical tradition. The basic metaphor of combat, implying that the truth will prevail in the fight, is compatible with the epistemological premises of the modern logic (as the separation between fact and value). Therefore the problem of the fact-finding seems to be attracted into the area of the logic of information, and not of the theory of argumentation.

     

The Naked Spirit of Sport: A Framework for Revisiting the System of Bans and Justifications in the World Anti-Doping Code

As the World Anti-Doping Code is up for revision, the paper proposes a framework for reading the Code based on a relatively literal approach and an almost exclusive focus on the ‘spirit of sport’ as a key element of the Code. The author argues that this single element can contribute to revealing the underlying rationale of the Code, as it serves to justify bans of doping substances and methods, in some cases without recurring to evidence sustaining the claims made. For a substance/method to be banned, the Code requires that two out of three criteria be met: performance enhancement, health risk and the spirit of sport. The paper demonstrates how these provisions link to other parts of the Code, (under the rules of the Code 2009) in the absence of performance-enhancing properties combined with a health risk. The paper draws implications from these findings regarding terminological (im)precision, legal certainty/predictability, transparency/accountability, limits to arbitrary exercise of power and internal/external validity.     

Gazzaniga,Michael S., Who's in Charge? Free Will and the Science of the Brain

A review, with reflections, of Michael S. Gazzaniga's (2011) book, Who's in Charge? Free Will and the Science of the Brain. Gazzaniga, a distinguished neuroscientist, wishes to connect contemporary understandings of the functioning of the human brain to the proper functioning of the American courtroom. What effect, if any, should these current understandings (and current technologies) have on legal conceptions of personal responsibility, guilt, and punishment? If, as many neuroscientists hold, the functioning of the brain wholly determines the functioning of the mind, can people rightly be held responsible for their actions? Gazzaniga argues that they can.     

Implications of the National Agenda to Improve Results for Children and Youth with or at Risk of Serious Emotional Disturbance

Abstract

Fragmented, agency-centered services contribute to poor educational and social outcomes. The National Agenda to Improve Results for Children and Youth with Serious Emotional Disturbance targets approaches that are knowledge-based and have a high likelihood of improving outcomes. This article explores the implications of the Agenda's seven targets andthe importance of early identification and prevention.     

Inclusion of Disabled Children and School Reform

Summary

Over the past three decades, special and general education have undergone dramatic philosophical and structural changes. The mission of special and general education and the roles and responsibilities of school personnel have become increasingly blurred. The inclusion movement has captivated the interest of scholars, educators, politicians and the public alike. This paper reviews the major historical and current socio-political, legal, and professional forces that have led to the inclusion movement and national educational reform initiatives (e.g., Goals 2000, IASA, IDEA) in America. Psychologists assume significant leadership roles in the refinement and implementation of inclusion models and national reform initiatives. The expertise and contributions of psychologists to this movement are outlined. Critical issues and unanswered questions are presented to stimulate future research and debate.     

An Examination of the Value of the Generation Effect for Learning New Material

The generation effect involves an improvement in memory when learners must complete or modify materials. Several researchers have suggested that this effect involves enhanced access to learners' existing memory representations; therefore, the effect should be less effective with meaningless, low meaningful, or unfamiliar material. In the present study, the authors conducted 4 experiments in which legal nonwords were used, and they found no generation effect. In another 2 experiments in which familiar clichés were contrasted with new sentences and with unfamiliar sentences from textbooks, the results showed a greatly reduced generation effect for the new, unfamiliar material. Those findings suggest that memory strategies that depend on the generation effect will have limited effectiveness when they are applied to new or unfamiliar material.     

无过错输血感染法律责任的承担

现行法律、法规规定,无过错输血感染的法律责任采取过错责任归责原则,意味着当医患双方均无过错而又造成输血感染的损害后果时,完全由患者承担损害后果,这种规定无法体现公平、公正的法律精神。无过错输血感染法律责任应当规定为公平责任,这样才能更好地既保护医方利益又保护患方利益。