Commands as Divine Attributes

Theories of ethics that attempt to incorporate divine speech or commands as necessary elements in the construction of moral obligations are often viewed as vulnerable to a challenge based on the so‐called Euthyphro dilemma. According to this challenge, opponents of theistic ethics suppose that divine speech either informs one of a preexisting set of values and obligations, which makes it inconsequential, or is entirely arbitrary, which makes it irrational. This essay analyzes some of the debates on the nature of divine commands in eleventh‐century works of Islamic jurisprudence (u?ūl al‐fiqh). I show that Mu?tazilī jurisprudents advanced the view that divine commands were actions performed in time that had concrete manifestations, while Ash?arīs argued that divine speech in general, and commands in particular, were eternal divine attributes. After exposing certain weaknesses in the Euthyphro‐inspired objections to theistic ethics, I argue that the Ash?arī idea of commands as divine attributes is a promising move for scholars interested in defending a divine command view of moral obligation.     

Are liberal perfectionism and neutrality mutually exclusive?

In this paper, I question the view that liberal perfectionism and neutrality are mutually exclusive doctrines. I do so by criticizing two claims made by Jonathan Quong. First, I object to his claim that comprehensive anti-perfectionism is incoherent. Second, I criticize his claim that liberal perfectionism cannot avoid a paternalist stance. I argue that Quong’s substantive assumptions about personal autonomy undermine both of his arguments. I use the discussion of Quong to argue that the standard assumption in liberal theory about mutual exclusivity of liberal perfectionism and neutrality needs to be reconsidered, and I show why the argument about the convergence of perfectionism and neutrality makes conceptual sense.     

Social-contextual and intrapersonal antecedents of coaches' basic need satisfaction: The intervening variable effect of providing autonomy-supportive coaching

ObjectivesBased on Self-Determination Theory (SDT; Deci & Ryan, 2012) and in line with Mageau and Vallerand's (2003) motivational model of the coach-athlete relationship, a new model involving antecedents associated with coaches' self-report measure of total need satisfaction (TNS) was tested. This model hypothesized that: (1) coaches' perceptions of a socially united group of athletes and their self-determined motivation for coaching would relate positively to coaches' provision of autonomy-supportive coaching (ASC), whereas perception of parental pressure in the youth sport context would relate negatively to coaches' provision of ASC; (2) coaches' provision of ASC towards their athletes would, in turn, relate positively to their self-report measure of TNS; and (3) the relation between coaches' perceptions of the sport context, along with their self-determined motivation for coaching, and coaches' self-report measure of TNS would be mediated by coaches' own provision of ASC.DesignA cross-sectional study.MethodsParticipants were 222 (M_age = 42.3, SD = 6.1) youth soccer coaches.ResultsSEM analyses supported the hypothesized model in which coaches' perceptions of a socially united group of athletes and their self-determined motivation for coaching related positively to coaches' self-report measure of TNS through coaches' provision of ASC. In contrast, coaches' perceptions of parental pressure in the youth sport context was unrelated to coaches' self-report measure of TNS via coaches' provision of ASC.ConclusionsFindings support previous research by demonstrating the psychological benefit of providing autonomy support to others.     

Sleepwalking Into Infertility: The Need for a Public Health Approach Toward Advanced Maternal Age

In Western countries today, a growing number of women delay motherhood until their late 30s and even 40s, as they invest time in pursuing education and career goals before starting a family. This social trend results from greater gender equality and expanded opportunities for women and is influenced by the availability of contraception and assisted reproductive technologies (ART). However, advanced maternal age is associated with increased health risks, including infertility. While individual medical solutions such as ART and elective egg freezing can promote reproductive autonomy, they entail significant risks and limitations. We thus argue that women should be better informed regarding the risks of advanced maternal age and ART, and that these individual solutions need to be supplemented by a public health approach, including policy measures that provide women with the opportunity to start a family earlier in life without sacrificing personal career goals.     

Autonomy as Social Independence: Reply to Weimer

I defend my pure social account of global autonomy from Steven Weimer's recent criticisms. In particular, I argue that it does not implicitly rely upon the very kind of nonsocial conception of autonomy that it hopes to replace.     

Parent–Adolescent Collaboration: An Interpersonal Model for Understanding Optimal Interactions

Current parent–adolescent behavioral interaction research highlights the importance of three elements of behavior in defining adaptive interactions: autonomy, control, and warmth vs. hostility. However, this research has largely addressed the developmental needs and psychosocial outcomes of adolescents, as opposed to parents, with a focus on how parent and adolescent behaviors influence adolescent adaptation. This paper utilizes both adolescent and mid-life developmental research, as well as parent–adolescent interaction research, to introduce a model for conceptualizing parent–adolescent interactions as a transactional process in which both parental and adolescent development are considered. Further, ideas are presented describing how adaptive parent–adolescent interactions may change across adolescence. The concept of collaboration is proposed as a conceptual tool for assessing one form of adaptive parent–adolescent interactions. The structural analysis of social behavior (SASB) is presented as a model for studying the complex reciprocal processes that occur in parent–adolescent interpersonal processes.     

德日安乐死合法性问题的判例评析及其启示

德日司法机关对于消极安乐死整体上是持容许态度,认定其合法化的核心根据在于是否符合患者的主观真实意愿。其中,德国司法判例的传统观点是通过区分“作为”与“不作为”来判断能否构成法律所容许的消极安乐死,但当前正朝着直接通过患者的真实同意或是推定同意来阻却安乐死违法性这一趋势发展;日本则是综合患者的自主决定权与医师的治疗义务界限来加以认定。上述司法实践启示我国可以藉由患者的真实同意或是推定同意作为消极安乐死的正当化根据,并以临终状态的认定与患者意愿的获得作为判断消极安乐死能否成立的重要准则。

     

为病患代购管制药品的情与法冲突及化解路径

为病患代购管制药品的案件在刑法上往往面临情与法的冲突。司法机关不愿意、却不得不定罪,只能在量刑时突破法律框架,尽量从轻。在刑法的实质解释下,为病患代购管制药品不成立贩卖毒品罪、非法经营罪或妨害药品管理罪,应处无罪。在刑事个案中,“情理”虽不能直接介入,但对刑法体系的适用具有批判功能。当“法理”分析的结论与公众的法直觉相违背时,应当检讨“法理”之适用过程是否出错,使刑事个案体现刑法正义,实现情与法的统一。

     

医师专业精神与医学伦理学

医学伦理学与医师专业精神的历史发展轨迹都本源于医学,基础都是医学。二者不是同时出现的。在很长时期内,医学伦理学是以医师的个人品德的面貌面世的,医学的宗旨和使命,是通过医师的执业动机与态度表现的,两者的使命和主旨内涵是同一的。但医学伦理学不能等同于医师专业精神,作为谋生手段的职业性能和发展医学的历史使命同时也蕴藏于医师专业精神中。两者的差异处理不当可能造成医学伦理学与医师专业精神的矛盾和纠葛。医学伦理学旨在“言”,医师专业精神旨在“行”,医学伦理学有赖于忠于医学职业操守的医生的实践。“言”与“行”的统一,好医学目标的实现,是两者的理想归宿。