E Contrario Reasoning: The Dilemma of the Silent Legislator

Summary This contribution offers an evaluation of e contrario reasoning in which the interpretation of a legal rule is based on the context of the law system (contextual e contrario reasoning). A model is presented which will show all the explicit and implicit elements of the argument at work and will also point out how these distinct parts are interrelated. By questioning the content and justificatory power of these elements, the weak spots in the argument can be laid bare. It will be argued that e contrario reasoning inevitably requires a dubious argumentative step, which renders the argument intrinsically weak. The model is applied to a European lawsuit on French cheese.     

Reconstructing Complex Analogy Argumentation in Judicial Decisions: A Pragma-Dialectical Perspective

Empirical research in the field of legal interpretation shows that, in many cases, analogy argumentation is complex rather than simple. Traditional analytical approaches to analogy argumentation do not explore that complexity. In most cases analogy argumentation is reconstructed as a simple form of argumentation that consists of two premises and a conclusion. This article focuses on the question of how to analyze and evaluate complex analogy argumentation. It is shown how the pragma-dialectical approach provides clues for analyzing complex analogy argumentation and how the criteria for evaluating analogy argumentation can be used to reconstruct these types of complex analogy argumentation in Dutch case law. The critical questions in the argumentation scheme do not only serve as a tool for analyzing arguments justifying analogy argumentation, but are also helpful in analyzing arguments against a specific analogy argumentation.     

Does Arguing from Coherence Make Sense?

In this paper the argument from coherence is submitted to a critical analysis. First, it is argued to be a complex form of coordinative argumentation, structured on various argumentative levels. Then, using the pragma-dialectical theory of argumentation a distinction is brought out between two basic forms of the argument from coherence: in one use this argument occurs as a sequence of two symptomatic arguments; in the other use we have a main symptomatic argument supported by a subordinate pragmatic argument. Finally, from an evaluative point of view it is assessed whether the argument from coherence can be found acceptable as a tool for settling disputes. It is claimed that in general, we can welcome this argumentative structure as sound and fully acceptable provided that we are aware of the interpretative discretion its use implies. A preliminary version of this essay was presented at the symposium organised by the Department of Speech Communication, Argumentation Theory, and Rhetoric at the University of Amsterdamon the 27/02/04. I wish to express my indebtedness to Dora Achourioti, Francesco Belvisi, Frans van Eemeren, Eveline Feteris, Bart Garssen, Jean Wagemans, Peter Houtlosser, and Henrike Jansen for their helpful remarks. Needless to say, the responsibility for the views expressed herein as well as for any errors of form or content rests solely with me.     

临床实习的法律规范问题调查及对策

通过问卷对来自四川大学华西医院等6所不同层次医疗机构的475名实习医生进行调查,发现身份不合法、患者不配合、义务履行不充分、管理不规范是目前实习中的主要问题.提出在优化实习资源、加强实习生教育的基础上,通过建立《实习医师资格考试制度》、成立“临床实习管理规范委员会”,确立实习规范化的法律依据和制度框架,促进我国医学教育和卫生事业的良性发展.     

The Divergent Paths of Behavior Analysis and Psychology: Vive la Différence!

Twenty years ago I suggested that behavior analysts could effect a quiet and covert takeover of the American Psychological Association (APA). I gave as precedents the operation of similar initiatives in the nineteenth and twentieth centuries, the Darwinian-inspired X-Club, and the psychoanalytically-oriented Secret Ring. Though a conscientious program of working within established APA bylaws and rules, behavior analysts could ensure that behavior analysts were nominated for every significant elective position within the APA, and move to get their colleagues placed in appointive positions, such as journal editorships, review boards, and major committees. This would be one approach to remake psychology along behavioral lines, which was an early ambition of B. F. Skinner. The community of behavior analysts ignored my suggestion, and instead pursued the path of creating an independent discipline of practitioners, one with its own degree-granting programs, conventions, journals, and legal regulation. This effort has been immensely successful, although much critical work remains to be done. In retrospect, I was wrong to suggest changing psychology from within, and I have been delighted to witness the emergence of our new and independent field.     

The Lawyer in the Dutch Interrogation Room: Influence on Police and Suspect

In many European countries, providing a suspect in custody with legal aid before the first police interrogation is a heavily debated issue. In this paper, we report on an exploratory study on the use of coercion by the police and the use of the right to silence by suspects in 70 Dutch homicide cases and their relation to prior consultation and presence of a lawyer. Analysis of the data indicates that there is a relation between the presence of a lawyer in the interrogation room and the way in which police interrogators use coercion. To gain insight into whether the police use coercion and how this is achieved, we looked at the extent to which the interrogators make use of certain interrogation techniques and how the interrogation techniques are used to exert coercion. We found that legal advice from a lawyer before and during the interrogation corresponds with suspects more often using their right to silence. It also appears that the police are inclined to use ‘hard coercion’ when confronted with a silent suspect. The research thus raises the question as to whether the presence of a lawyer is an adequate way to prevent false confessions. Copyright © 2012 John Wiley & Sons, Ltd.     

THE BEGINNING OF HUMAN LIFE: ISLAMIC BIOETHICAL PERSPECTIVES

Abstract. In January 1985, about 80 Muslim religious scholars and biomedical scientists gathered in a symposium held in Kuwait to discuss the broad question “When does human life begin?” This article argues that this symposium is one of the milestones in the field of contemporary Islamic bioethics and independent legal reasoning (Ijtihād). The proceedings of the symposium, however, escaped the attention of academic researchers. This article is meant to fill in this research lacuna by analyzing the proceedings of this symposium, the relevant subsequent developments, and finally the interplay of Islam and the West as a significant dimension in these discussions.     

PATERNITY BETWEEN LAW AND BIOLOGY: THE RECONSTRUCTION OF THE ISLAMIC LAW OF PATERNITY IN THE WAKE OF DNA TESTING

Abstract: The discovery of DNA paternity tests has stirred a debate concerning the definition of paternity and whether the grounds for such a definition are legal or biological. According to the classical rules of Islamic law, paternity is established and negated on the basis of a valid marriage. Modern biomedical technology raises the question of whether paternity tests can be the sole basis for paternity, even independently of marriage. Although on the surface this technology seems to challenge the authority of Islamic law in this area, the paper argues that classical Islamic rulings pertaining to paternity issues continue to hold higher authority even in cases of conflict with modern technology‐based alternatives. Through closer analysis, the paper traces the emergence of a differentiation in the function of DNA tests between identity and paternity verification. While the former is accepted without reservation, the latter is approved only when it does not violate the rulings of Islamic law.     

新手—熟手—专家型教师心理特征的比较

为了更深入地了解教师的教学专长发展,采用了量表法分别对433名和469名新手型、熟手型、专家型教师进行了教学策略、成就目标定向、人格特征和职业承诺、职业倦怠两个比较研究。结果表明：⑴在教学策略、成就目标、人格特征上,专家型教师均优于熟手型教师,而熟手型教师又优于新手型教师;在职业承诺和职业倦怠上,专家型教师均优于熟手型教师和新手型教师,而熟手型教师与新手型教师不存在差异。⑵重视课前准备,成绩目标是其重要的工作动机是新手型教师的主要特征;课中策略水平较高,任务目标成为重要的工作动机,具有随和、宽容、乐群、能关心他人的人格特点是熟手型教师的主要特征;教学策略以课前计划、课后的评估、反思为核心,具有鲜明的情绪稳定性、理智、着重实际、自信心和批判性强的人格特点,职业的情感投入程度和职业成就感高是专家型教师的主要特征。⑶三类教师在课后的补救策略、成绩目标、内外向、继续承诺和情绪耗竭上没有显著差异是其共同点。