The Development of Traditional Chinese View of Rule of Law and Its Modern Transformation

In the traditional order of the “rule of rites,” social status and relationships always held priority positions, which apparently went against the realization of social justice; Legalists thought highly of objectivity and avoided subjective randomness, and were more reasonable in this regard. However, following the integration of rites and law in the Han Dynasty, the technical aspect of Legalism emphasizing control of society and of the populace was strengthened, and in the meanwhile, their “true spirit” became concealed before long. The main signs of this are follows: (1) In the order of the “rule of rites,” the objectivity of law was gradually devoured by the subjectivity of human beings, thus the tradition where “human relationships replace law” came into being; (2) The law, which had shown the spirit of equality to a certain extent in the guise of Legalism, now degraded into a tool to maintain a hierarchy; (3) Rights were separated from duties, that is, some people enjoyed “rights without duties” as much as they wanted, while the rest were forced to carry out “duties without rights.” As history has warned us, in ruling a country, one cannot stake even the least bit of fortune upon human nature, and there can be only one bottom line and criterion, that is, common strict observance of and respect to “rules.” That should be the great value of the lesson that the pre-Qin Legalism has left for future generations.     

Agency, properties and causation

The paper argues against the very commonly held view that whenever a substance may be said to be the cause of something, a fuller and metaphysically more accurate understanding of the situation can always be obtained by looking to the properties in virtue of which that substance was able to bring about the effect in question. Paul Humphreys’ argument that when a substance is said to have produced an effect, it always turns out to be an aspect or property of that substance which brought about the effect in question is examined and criticized; it is argued that it is based on an illegitimate application of Mill’s Methods of Difference and Agreement to the case. Mill’s methods, it is suggested, are methods of empirical, not of ontological enquiry. The paper then turns to examine an argument by Mele which appears to depend on a structurally rather similar assumption that if there is nothing about a subject which could explain why she does one thing rather than another, it cannot really be up to that subject which thing occurs. It is suggested that, too, the inference is faulty, and that once it is rejected, one common objection to libertarianism—the argument from luck—might be more readily met.     

The Limits of Virtue Jurisprudence

In response to Lawrence Solum's advocacy of a 'virtue–centred theory of judging', I argue that there is indeed important work to be done in identifying and characterising those qualities of character that constitute judicial virtues – those qualities that a person needs if she is to judge well (though I criticise Solum's account of one of the five pairs of judicial vices and virtues that he identifies – avarice and temperance). However, Solum's more ambitious claims – that a judge's vice necessarily corrupts her decisions, and that in at least some contexts we must define a legally correct decision as one that would be reached by a virtuous judge – should be rejected: we can undermine the former by attending to the requirements of due process, and the latter by attending to the ways in which a judge would try to justify her decision.     

Defining autism: professional best practices and published case law

There are clear indications that both the reported incidence of autism in children and litigation involving this developmental disorder are increasing. However, to date there has been a dearth of research analyzing court cases and legal decisions concerning students with autism. The purpose of this review was to examine published hearing/review and court decisions concerning autism eligibility in educational settings in relation to empirically supported best practices in the assessment of autism. A total of 13 cases were identified for inclusion in the review. In general, the results indicated that hearing/review officers and judges neither relied upon nor explicitly acknowledged empirically supported assessment methods in their published eligibility decisions. It appeared that many hearing/review officers and judges relied on expert witnesses, who may or may not have had particular expertise and knowledge regarding current best practices in autism eligibility assessment. Implications of the findings and areas for future research are discussed.     

The Limits of Virtue Jurisprudence

In response to Lawrence Solum's advocacy of a 'virtue–centred theory of judging', I argue that there is indeed important work to be done in identifying and characterising those qualities of character that constitute judicial virtues – those qualities that a person needs if she is to judge well (though I criticise Solum's account of one of the five pairs of judicial vices and virtues that he identifies – avarice and temperance). However, Solum's more ambitious claims – that a judge's vice necessarily corrupts her decisions, and that in at least some contexts we must define a legally correct decision as one that would be reached by a virtuous judge – should be rejected: we can undermine the former by attending to the requirements of due process, and the latter by attending to the ways in which a judge would try to justify her decision.     

Desert,Harm Reduction,and Moral Education: The Case for a Tortfeasor Penalty

Those found liable for negligently injuring others are required to compensate them, but current practices permit most tort feasors to spread the costs of their liability burdens through the purchase of insurance. Those found guilty of criminal offences, however, are not allowed to shift the burdens of their sentences onto others. Yet the reasons for not allowing criminal offenders to shift such burdens – harm reduction, retribution, and moral education – also appear to retain some force in relation to negligent tort feasors. Arguments for and against limiting the abilities of negligent tort feasors to spread such costs, thus imposing a penalty on them, are discussed. The conclusion reached is that further consideration of such a penalty is warranted. This revised version was published online in August 2006 with corrections to the Cover Date.     

College women’s value orientations toward family, career, and graduate school

This study was designed to examine how college women’s valuing of graduate education predicted their intentions to attend graduate school, using a new measure of the valuing of graduate school. A second purpose was to assess relations of college women’s perceptions of the relative importance of family and career to their valuing of graduate education. Two hundred and sixteen college women completed a newly developed survey that assessed these constructs. The items assessing task values were designed to assess components of task value defined by Eccles et al. (1983). Reliability and factor analyses demonstrated that the instrument adequately measured different components of task value. Multiple regression analyses demonstrated that components of task value predicted intentions to attend graduate school. The women were strongly career-oriented, and their orientations to career related positively to their valuing of graduate education.     

Educating the Whole Child: Implications of Behaviorism as a Science of Meaning

New conceptions of what constitutes meaning for the organism have recently arisen within the behavioral tradition. These conceptions are a function of reformulations of traditional topics such as reinforcement and verbal behavior. This paper will review these reformulations and discuss their implications for education. It is argued that teachers are in need of a more comprehensive framework for understanding human behavior than the technique-based behaviorism to which they are frequently exposed. The present paper suggests that advances in our understanding of choice behavior and verbal behavior put us within reach of a comprehensive framework for making sense of the interconnectedness of social, self, and academic development.     

Student Preference for Explicit Timing and Interspersal Procedures as a Function of Math Problem Completion Rates: Testing the Discrete Task Completion Hypothesis

A within-subjects design was used to compare explicit timing and interspersal with college students. Students were given 3 minutes to complete problems on the explicit timing assignment (25 problems, 3 digits –3 digits) and the interspersal assignment (25 similar problems and 10 problems, 1 digit –1 digit). Results indicated that: (a) students completed more total problems during interspersal for both trials, (b) students completed more target problems during explicit timing for the second trial, and (c) students only preferred interspersal for the first trial. The data from trial one fit the discrete task completion hypothesis and matching law, yet the data from trial two do not match as closely (Skinner, 2002). Discussion focuses on continued need for more research on academic interventions, comparing academic interventions, the discrete task completion hypothesis, and the matching law.     

名人广告源可信度因子结构

对601名被试进行了问卷调查,对调查数据进行了探索性因素分析和验证性因素分析,探索性因素分析研究结果表明,名人广告源可信度包括四个因素,即专业性、吸引力、品德和名人与商品的一致性。验证性因素分析的结果进一步验证了四因子结构模型的合理性。