论老年人长期照护机构安全保障义务

老年人长期照护机构安全保障义务纠纷存在法律适用偏差,部分案件以公平责任原则替代过错责任原则、合理限度不清晰、第三人侵权下机构承担责任方式和是否享有追偿权有不同认识。安全保障义务属于法定的危险防免义务。合理限度取决于对危险源的控制能力、因危险源收益大小、避免损失的成本、经营专业性、受害人特殊信赖关系及对危险规避能力等。长期照护安全保障事故诱发因素多、因果关系复杂、当事人举证能力弱、过度关怀的长期照护预期与服务有效供给不足的矛盾突出。长期照护机构应“以人为本”,提高设施环境安全性、服务队伍专业性、安全保障措施有效性。

     

Catholic missions in China: failure to form native clergy

The success and failure of Christianity in China was tied to the missionaries’ ability to accommodate to Chinese culture and the powers that ruled over this vast nation. A number of reasons have been put forward regarding the failure of Christian missions in China. Inability to adapt to native norms, ignorance of Chinese language, association with Western imperialism, rivalries among various religious orders, congregations and missionary societies, and the reluctance to establish a Chinese ecclesiastical hierarchy all contributed to hindering the propagation of the gospel. This paper argues that the main reason for their failure was the refusal of European clergy to hand over the leadership of the church to the Chinese, in spite of Rome’s edicts to establish an indigenous ecclesiastical hierarchy. With local clergy in charge, the issue of language and cultural adaptation would have been resolved. Unfortunately, the native clergy were looked down upon by their Western counterparts, who were mostly motivated by national and institutional interests rather than pastoral concern for the local people. The appointment of the first Chinese bishop, Gregorio Lopéz (Luo Wenzao), was more a political move than a pastoral need.     

JOHN POLKINGHORNE AND BERNARD LONERGAN ON THE SCIENTIFIC STATUS OF THEOLOGY

On the basis of his acquaintance with theoretical elementary particle physics, and following the lead of Thomas Torrance, John Polkinghorne maintains that the data upon which a science is based, and the method by which it treats those data, must respect the idiosyncratic nature of the object with which the science is concerned. Polkinghorne calls this the “accommodation” (or “conformity”) of a discipline to its object. The question then arises: What should we expect religious experience and theological method to be like if they are accommodated to the idiosyncratic nature of God? Polkinghorne's methodological program is typical of postcritical positions in the theology‐science dialogue in holding that the fiduciary element in theological method is simply a species of the fiduciary element that is a de facto part of all knowing—in other words, theological method does not differ in fundamental kind from the methods of the natural sciences. But this program may contain the seeds of an alienation of theological method from the transcendence of God similar to the double self‐alienation of theology described by Michael Buckley in At the Origins of Modern Atheism. I contend that something like Bernard Lonergan's position on how the method of faith seeking understanding is related to the methods of the natural sciences is exactly the sort of thing that one should expect on the supposition of Polkinghorne's principle of accommodation, at least if the God who is the object of theological science is transcendent. The way in which the divine differs from all other objects ought to be disclosed or reflected in religious experience and theological method. Polkinghorne charts the course for an accommodated theology, but it seems to be Lonergan who is more intent on following it.     

The Moral Contours of Empathy

Morally contoured empathy is a form of reasonable partiality essential to the healthy care of dependents. It is critical as an epistemic aid in determining proper moral responsiveness; it is also, within certain richly normative roles and relationships, itself a crucial constitutive mode of moral connection. Yet the achievement of empathy is no easy feat. Patterns of incuriosity imperil connection, impeding empathic engagement; inappropriate empathic engagement, on the other hand, can result in self-effacement. Impartial moral principles and constraints offer at best meager protection against these perils, and hence serve poorly in securing morally contoured empathy. More nuanced and practical guidance should be sought in normatively substantive conceptions of our roles and relationships and their defining moral stakes. These, joined with more abstract moral tools, can facilitate rich, narratively textured interpretations of moralitys demands. While the content of our normative conceptions must be continually debated, engaging in this debate is vital to the achievement of proper empathy, and thus to effective, respectful, morally healthy care of dependents.This paper was originally presented at the conference on Reasonable Partiality at the Vrije Universiteit, Amsterdam, October 22–24, 2003. I wish to thank all those present for stimulating discussion. Special thanks go to Bert Musschenga, who organized the conference, and who has provided insightful feedback on this paper. Warm thanks as well to Brenda Almond and Bernie Rollin for lively exchanges on the issues addressed here and to Nancy Sherman for sharing with me an ongoing fascination with, and her own fantastic work on, empathy. Comments from an anonymous reviewer for the journal were challenging and helpful. Finally, I wish to express gratitude beyond normal bounds to Maggie Little both for her generosity, keen insight, and artful intervention at key points in this essays evolution and for her ground-breaking work on deontic pluralism that deeply influences the position I frame here.     

Reasonable Doubt: A Note on ‘Neutral’ Illatives and Arguments

George Bowles and Thomas Gilbert claim that illatives such as so, therefore, and hence convey the meaning that the premise confers upon the conclusion a probability greater than 1/2. This claim is false, for there are straightforward uses of these illatives that do not convey the meaning that the probability is greater than 1/2. In addition, because Bowles' and Gilbert's claim is false, a revision of their definition of argument is required.     

Reasonable Partiality to Domestic Animals

The paper deals with partiality flowing from special relationships. Two main problems are discussed. The first concerns the relationship between partiality and genuine moral obligations. If partiality can bring about such obligations only if it is reasonable, what requirements should it meet in order to be reasonable? The second problem is one of animal ethics. Can the concept of reasonable partiality help us articulate what is morally at stake in a current discussion about the treatment of domestic animals, viz. the European discussion about the castration of pigs?     

心理科学的生命力在于超越与容纳

科学心理学19世纪末传入中国。在中国经历了几十年的坎坷历程,直到1978年后,才得到正常的发展。改革开放20年来,心理学参与了国家的发展和建设,也强化了自身,取得了举世瞩目的成绩。但是,心理科学工作者必须超越自己原有知识的局限性,容纳一切自己没有学习过的东西;必须超越自己的视野,走出实验室,走出校门,面向社会,容纳一切个人不熟悉的东西;还必须超越本地区、超越国界,容纳先进地区、发达国家的先进经验,才能使我们的心理科学具有强大的生命力,才能推动心理科学的空前发展。     

中国古代病家之道思想探析

在中国古代医德思想当中有一朵奇葩,这就是古代病家之道的思想。依据医德文献对其中的内容进行分析得出病家之道的思想主要有：信任医家是病家应有的待医态度;合理期望、正确评价是病家应有的就医意识;具有惜生意识是病家应有的生命态度。     

乳腺病变的常规影像学筛查方法的合理性分析

乳腺癌是妇女最常见的恶性肿瘤之一,在我国,乳腺癌的发病率和死亡率已成为城市女性恶性肿瘤的首位,且每年以3％～5％速度增长。目前乳腺癌防治日益受到重视。然而,为了阻断高危险性的乳腺向乳腺癌发展,乳腺影像学筛查正在被越来越多的女性接受。本文就各种影像检查手段对乳腺疾病特别是乳腺癌诊断的优缺点进行简要的总结,旨在指导临床医师...