急救站救助不及时的侵权——因果关系之确认与按比例赔偿

急救站的救治属院外急救,是急救医学的重要组成部分,而及时性是此类救治的生命所在。论述救护站救护不及时侵权的概念、类型、特点、因果关系和损害赔偿等相关内容,着重讨论英美法系的存活机会损失理论和大陆法系的相当因果关系说在此类侵权诉讼中的应用及两种理论的共同落脚点,即按比例赔偿理论。     

消亡抑或复兴：人本心理学的未来

人本心理学在20世纪末遭遇了内外两方面的危机。但其形成的社会文化与心理学基础依然存在。主流心理学,特别是积极心理学的发展还为她提供了复兴机遇。在未来,人本心理学家需要重审自身使命,明晰研究主题,完善研究方法,保持开放态度,强化组织管理,以推动人本心理学走上复兴之路。     

Using short vignettes to disentangle perceived capability from motivation: a test using walking and resistance training behaviors

Self-efficacy is arguably the strongest correlate of physical activity, yet some researchers suggest this is because the construct confounds ability with motivation. We examine a more circumscribed construct, called perceived capability (PC), meant to measure ability but not motivation and propose that the construct will not be related to unskilled physical activities but may be linked to skilled behaviors. The purpose of this paper was to examine whether a PC construct can be stripped of motivation using a vignette approach in both walking and resistance training behaviors. Participants were a random sample of 248 university students, who were then randomly assigned to either answer resistance training or walking behavior questions. Both groups completed a PC measure and reasons for their answer before and after reading a vignette that clarified the phrasing of capability to a literal use of the term. PC was significantly (p < .01) higher post- compared to pre-vignette and the differences were greater (p < .01) for walking than for resistance training. PC had significantly (p < .01) smaller correlations with intention and self-reported behavior post-disambiguation, which resulted in a null relationship with walking but a small correlation with resistance training behavior. When PC was combined with intention to predict behavior, however, there was no significant (p > .05) difference in the amount of variance explained pre- to post-vignette. Thought listing showed that participants did not report capability barriers to walking and over half of the sample construed capability as motivation/other priorities pre-vignette. The findings support use of a vignette approach for researchers who wish to disentangle the assessment of PC from motivation while creating no overall loss in explained variance of physical activity.     

早期儒学语境中的“时”范畴析解

“时”是早期儒家构建其“内圣外王”人格价值理想的核心范畴之一。在早期儒家的话语系统中 ,“时”以“时遇”、“时命”等外在于价值主体的客观条件和异己的力量 ,以中介的形式与价值主体一起对儒家人格价值理想的实践发生不容忽视乃至是决定性的作用 ,并不断地内化为一种主体价值选择的方法论原则———“时中”和一种集大成式的人格理想境界———“时圣”。早期儒家对于“时”由非主体范畴向主体性范畴转化的认识 ,充分体现了儒家注重实践理性的思维特征     

亲缘利他的不对称性：进化视角的分析

内含适应性理论是进化生物学和进化心理学中最重要的理论之一。该理论假设, 个体的亲属是其适应性的载体, 但亲属们的价值有所不同。大量研究发现, 亲属的利他行为表现出不对称性, 即遗传相关系数相同的亲属表现出不同的利他倾向。如祖父母对孙辈的投资中, 外祖母往往投入最多, 外祖父和祖母次之, 祖父投入最少。研究者用内含适应性理论来解释这种亲缘利他差异, 进而提出了“父亲身份不确定性”等具体的进化假设。未来研究中, 国内研究者应在正确理解内含适应性理论的基础上, 更多关注亲缘利他的不对称性, 采用多种数据采集方法和统一的评定指标。     

L’évaluation de la perte de chance en responsabilité médicale,une mission à repréciser pour l’Expert

Loss of opportunity, which today is considered as a prejudice in its own right, both for the French Supreme Court and the Council of State, remains undeniably difficult to assess in practice. For many years, the issue of compensation for breach of duty of disclosure gave the various courts the ability to roadtest this concept. However, although the criteria defining this concept, of judicial origin, have been established, the modus operandi allowing the judge to quantify it does not exist. How can this portion of personal injury be determined in relation to the size of the opportunity lost? This is primarily a technical issue, similar to that of assessing a disability rate. However, this request does not feature in typical common law missions for judicial or administrative medical expertise. The judge alone is left to assess this probability, whereas the expert would be in a position, as far as possible, to provide scientific and statistical assistance enabling a better definition of loss of opportunity.     

Should inter-collegiate football be eliminated? Assessing the arguments philosophically

Recently, there have been discussions about whether or not inter-collegiate football should be eliminated in the US. This article philosophically assesses the arguments for its elimination as well as the arguments proffered against its elimination. While a variety of arguments are discussed, a new one is brought into the foray of philosophical investigation, one that combines the unfairness and economic arguments: the health care and medical costs to others argument. It is believed that this argument is sufficient to justify the elimination of inter-collegiate football.     

成就动机与机会-威胁认知

采用问卷法探讨 3类变量即成就动机、风险情景中的冒险倾向以及对风险情景的机会 -威胁认知的关系。结果发现相对争取成功动机而言 ,回避失败动机对预测个体的机会 -威胁认知状况更为敏感 ;研究也显示 ,高成就动机组是以强烈的争取成功的倾向导致其对机会的积极认知 ;低成就动机组则是以对失败回避的趋力强化了威胁认知。个体在风险情景中的行为倾向与认知反应显得更为复杂。首先 ,框架效应不是普遍但的确存在于某类风险情景中 ,方差分析证实风险情景与框架间的交互作用达到显著性水平 ,这说明被试保守倾向的反应受到情景与框架效应的交互影响 ;其次 ,风险情景即“获益”和“损失”极大地影响着被试的风险反应模式     

Against Global Egalitarianism

This article attacks the view that global justice should be understood in terms of a global principle of equality. The principle mainly discussed is global equality of opportunity – the idea that people of similar talent and motivation should have equivalent opportunity sets no matter to which society they belong. I argue first that in a culturally plural world we have no neutral way of measuring opportunity sets. I then suggest that the most commonly offered defences of global egalitarianism – the cosmopolitan claim that human lives have equal value, the argument that a persons nationality is a morally arbitrary characteristic, and the more empirical claim that relationships among fellow-nationals are no longer special in a way that matters for justice – are all defective. If we fall back on the idea of equality as a default principle, then we have to recognize that pursuing global equality of opportunity systematically would leave no space for national self-determination. Finally, I ask whether global inequality might be objectionable for reasons independent of justice, and argue that the main reason for concern is the inequalities of power that are likely to emerge in a radically unequal world.I am very grateful to Gillian Brock and Kok-Chor Tan for their helpful comments on an earlier draft of this article.     

Is systemic reform in education morally justifiable?

Systemic education reform calls for state imposition of uniform standards for student performance, the curriculum, and student opportunities to learn that curriculum, coupled with the alignment of basic state accountability, teacher education, and financing policies and expanded school decision-making authority. Proponents argue that systemic reform will have the effect of enhancing overall economic growth and equalizing opportunities for the most disadvantaged. Analysis of the first claim suggests that the inherent tension between employment-oriented outcome standards and discipline-oriented curriculum frameworks and the uniform application of such standards to all schools may undermine economic growth. Moreover, systemic reform appears more likely to transform current social inequalities than to eliminate them.