现行《医疗事故处理办法》的修改探析

现行《医疗事故处理办法》颁布实施１０ 年之久,新形势下需要对其进行修改和完善。“办法”的修改应该体现平等保护医患双方合法权益原则,合理界定医疗事故范围,调整医疗事故鉴定委员会的组成,建立完善的证据管理制度,明确医疗事故损失赔偿的范围和额度。     

Molecular geneticists and moral responsibility: “maybe if we were working on the atom bomb I would have a different argument”

Senior molecular geneticists were interviewed about their perceptions of the ethical and social implications of genetic knowledge. Inductive analysis of these interviews identified a number of strategies through which the scientists negotiated their moral responsibilities as they participated in generating knowledge that presents difficult ethical questions. These strategies included: further analysis and application of scientific method; clarification of multiple roles; negotiation with the public through public debate, institutional processes of funding, ethics committees and legislation; and personal responsibility.     

Morality and the View from Here

According to one influential conception of morality, being moral is a matter of acting from or in accordance with a moral point of view, a point of view which is arrived at by abstracting from a more natural, pre-ethical, personal point of view, and recognizing that each person's personal point of view has equal standing. The idea that, were it not for morality, rational persons would act from their respectively personal points of view is, however, simplistic and misleading. Because our nonmoral reasons cannot all be adequately captured as falling within any single, unified and coherent point of view, morality cannot be adequately understood as a matter of abstracting from such points of view and taking them all equally into account. After considering several ways of modifying the initial conception of morality in a way that accommodates the variety of nonmoral reasons that do not have their source in a personal point of view, the paper concludes with the suggestion that we free ourselves more thoroughly from the grip of the metaphor that takes morality as a whole to be a matter of acting in accordance with the judgments of a single unified and coherent point of view.     

In Defense of Individualism

This paper offers a programmatic philosophical articulation of moral and political individualism. This individualism consists of two main components: value individualism and rights individualism. The former is the view that, for each individual, the end which is of ultimate value is his own well-being. Each individual's well-being has ultimate agent-relative value and the only ultimate values are these agent-relative values. The latter view is that individuals possess moral jurisdiction over themselves, i.e., rights of self-ownership. These rights (along with other rights individuals may come to possess) constrain the manner in which agents may pursue value. For this reason, the articulated individualism is an constrained individualism. Sketches of arguments are offered for both value and rights individualism. And it is argued that the sole legitimate function of legal/political institutions is to further delineate and protect the rights of individuals. However, the paper is also concerned to indicate why this radical moral and political individualism does not have many of the features or implications that are commonly ascribed to it. In this connection, I seek to show how this social doctrine accords with individuals' having concern for the well-being of others, with the emergence of relationships among individuals that have both instrumental and non-instrumental value, with a degree of responsibility for self and others that is often thought to be antithetical to individualism and, in general, with a flourishing of civil order.     

Life-Prolonging Killings and their Relevance to Ethics

What makes killing morally wrong? And what makes killing morally worse than letting die? Standard answers to these two questions presuppose that killing someone involves shortening that person's life. Yet, as I argue in the first two sections of this article, this presupposition is false: Life-prolonging killings are conceivable. In the last two sections of the article, I explore the significance of the conceivability of such killings for various discussions of the two questions just mentioned. In particular, I show why the conceivability of life-prolonging killings renders Frances M. Kamm's attempt to provide an answer to the second question problematic.     

Moral Responsibility, Determinism, and the Ability to do Otherwise

In his classic paper, The Principle of Alternate Possibilities, Harry Frankfurt presented counterexamples to the principle named in his title: A person is morally responsible for what he has done only if he could have done otherwise. He went on to argue that the falsity of the Principle of Alternate Possibilities (PAP) implied that the debate between the compatibilists and the incompatibilists (as regards determinism and the ability to do otherwise) did not have the significance that both parties had attributed to it -- since moral responsibility could exist even if no one was able to do otherwise. I have argued that even if PAP is false, there are other principles that imply that moral responsibility entails the ability to do otherwise, and that these principles are immune to Frankfurt-style counterexamples. Frankfurt has attempted to show that my arguments for this conclusion fail. This paper is a rejoinder to that reply; I argue that he has failed to show this.     

Faulty Judgment,Expert Opinion,and Decision-Making Capacity

An assessment of decision-making capacity is the accepted procedure for determining when a person is not competent. An inferential gap exists between the criteria for capacity specific abilities and the legal requirements to understand relevant information and appreciate the consequences of a decision. This gap extends to causal influences on a person'scapacity to decide. Using a published case of depression, we illustrate that assessors' uses of diagnostic information is frequently not up to the task of bridging this inferential gap in a justifiable way. We then describe cases of faulty judgement which challenge the understanding of diagnostic causal influences. These cases help to clarify the nature of the expertise required for capacity assessments. In practice, the requirements of decision-making capacity are often abandoned to other considerations due to a lack of requisite expertise. The legal policy supporting decision-making capacity as a means to protective intervention is justified only if the requisite expertise is developed. We propose the requisite expertise to be developed in the long term as a distinct multidisciplinary endeavour.     

The impact of empathy and reappraisal on emotional intensity recognition

Empathy represents a fundamental ability that allows for the creation and cultivation of social bonds. As part of the empathic process, individuals use their own emotional state to interpret the content and intensity of other people’s emotions. Therefore, the current study was designed to test two hypotheses: (1) empathy for the pain of another will result in biased emotional intensity judgment; and (2) changing one’s emotion via emotion regulation will modulate these biased judgments. To test these hypotheses, in experiment one we used a modified version of a well-known task that triggers an empathic reaction We found that empathy resulted in biased emotional intensity judgment. To the best of our knowledge, this is the first demonstration of a bias in the recognition of emotional facial expressions as a function of empathy for pain. In experiment two, we replicated these findings in an independent sample, and further found that this biased emotional intensity judgment can be moderated via reappraisal. Taken together, our findings suggest that the novel task used here can be employed to further explore the relation between emotion regulation and empathy.