试论卫生与法律的关系

卫生是人类重要的社会实践活动。卫生也是保护人体健康的重要社会事业,需要法律的保护和导向。卫生法为卫生发展提供了良好的社会环境,并控制医药卫生无序、失控及异化带来的社会危害性,造福人类,促进经济发展和社会进步。     

当前医患纠纷解决模式的法律与道德评价

我国医患纠纷的最终解决是通过传统的民事诉讼途径,然而,这种模式并不符合医疗案件本身的特点。从法律和道德的角度而言,我们必须对医疗诉讼的制度设计重新进行反思,并在此基础上进行变革。     

A common representational system governed by Weber's law: nonverbal numerical similarity judgments in 6-year-olds and rhesus macaques

This study compared nonverbal numerical processing in 6-year-olds with that in nonhuman animals using a numerical bisection task. In the study, 16 children were trained on a delayed match-to-sample paradigm to match exemplars of two anchor numerosities. Children were then required to indicate whether a sample intermediate to the anchor values was closer to the small anchor value or the large anchor value. For two sets of anchor values with the same ratio, the probability of choosing the larger anchor value increased systematically with sample number, and the psychometric functions superimposed when plotted on a logarithmic scale. The psychometric functions produced by the children also superimposed with the psychometric functions produced by rhesus monkeys in an analogous previous experiment. These examples of superimposition demonstrate that nonverbal number representations, even in children who have acquired the verbal counting system, are modulated by Weber's law.     

On the discriminability of stimulus duration.

The performance of pigeons trained to detect differences in the duration of stimuli was analysed using a matching model of signal detection. Two white stimuli, S1 and S2, differing in duration, were arranged with equal probability on the center key of a three-key chamber. S1 was systematically varied from 5 seconds to 25 seconds while S2 remained constant at 30 seconds. On completion of the center-key stimulus, a peck on the center key turned on the two red side keys. A left-key response was "correct" when S1 had been in effect on the center key and a right-key response was "correct" on S2 trials. A correct response produced a 3-second magazine light accompanied intermittently by food. Incorrect responses produced 3-second blackouts. Detection performance was measured under two procedures. In the first, the obtained reinforcement ratio was uncontrolled by allowing the number of food reinforcements obtained for correct left- and right-key responses to vary as the stimuli were changed. In the second procedure, the presentation of food reinforcement was controlled by holding the obtained reinforcement ratio constant. Discriminability changed as a function of stimulus differences under both procedures. No such trend was found in response bias.     

Effects of Offenders' Age and Health on Sentencing Decisions

ABSTRACT

Two experiments investigated the effects of age and health on mock judges' sentencing decisions. The effects of these variables on length of prison sentence were examined in the context of offense severity and prior convictions. Experiment 1 involved a violent crime. Main effects were observed for age, health, offense severity and prior convictions. There was also an age by offense severity interaction. Experiment 2 involved a child sexual abuse case. Main effects were observed for health, offense severity, and prior convictions. In addition, an age by offense severity by prior convictions interaction effect was found. Thus, across both experiments, the age leniency effect was moderated by legal factors, suggesting that extra-legal factors affect sentencing in the context of legal factors. Further, for both offenses, offenders in poor health received shorter sentences than offenders in good health, suggesting that health deserves further research attention as an extra-legal variable.     

What Is Legal Philosophy?

This article delineates some of the main issues that are debated by philosophers of law. It explores the connections between legal philosophy and other areas of philosophy, while also seeking to specify the distinctiveness of many of the concerns that have preoccupied philosophers of law. It illustrates its abstract points with examples focused on the separability of law and morality, the nature of the rule of law, the nature of rights, justifications for the imposition of punishment, and the identification of basic legal entitlements.     

Janteloven and the Expression of Pride in Norway and the United States

The current study tested how culture may affect the interpretation of the expression of pride among Norwegian and U.S. participants. Our results show that participants from Norway ascribed more negative trait attributions to a target person expressing pride than U.S. participants. It is proposed that Janteloven is responsible for the differences in these trait attributions, and we interpret the results from a “closed-system” and “open-system” (Mayr, 1976) perspective.     

REPRODUCTIVE TECHNOLOGY: A CRITICAL ANALYSIS OF THEOLOGICAL RESPONSES IN CHRISTIANITY AND ISLAM

Reproductive medical technology has revolutionized the natural order of human procreation. Accordingly, some have celebrated its advent as a new and liberating determinant of kinship at the global level and advocate it as a right to reproductive health while others have frowned upon it as a vehicle for “guiltless exchange of sexual fluid” and commodification of human gametes. Religious voices from both Christianity and Islam range from unthinking adoption to restrictive use. While utilizing this technology to enable the married couple to have children through the use of their own sexual material is welcome, the use of third party, surrogacy, and reproductive cloning are not in keeping with the sacrosanct principles of kinship, procreation through licit sexual intercourse, and social cohesiveness for building a cohesive family as uphold by both Christianity and Islam. To examine such larger issues emanating from these new ways of human procreation, beyond the question of legality, is a point which legal scholars in both Christianity and Islam, when issuing religious decrees, have not anticipated sufficiently. The article proposes to be an attempt to that end through a qualitative critical content analysis of selected literature written on the subject.     

Can Muslims Befriend Non-Muslims? Debating al-walāʾ wa-al-barāʾ (Loyalty and Disavowal) in Theory and Practice

This article analyzes the polemic on the concept of al-walā? wa-al-barā? (commonly translated as “loyalty and disavowal”). While existing academic literature focuses on the usages of this concept by jihad activists, the article centers on the role “loyalty and disavowal” plays in debates between contemporary salafī and wasa?ī jurists and theologians, specifically in their conflicting agendas for Muslims living as minorities. Salafīs, relying on several qur'anic verses and Prophetic traditions, promote an understanding of “loyalty and disavowal” that requires Muslims to refrain from befriending or loving non-Muslims, or imitating their beliefs and customs. Relying on counter-verses and traditions, in particular Q 60.8, wasa?īs have interpreted the concept of “loyalty and disavowal” more narrowly, arguing that it applies only to non-Muslims who fight against Muslims; as part of their integration-oriented doctrine for Muslims in the West, they have in recent years dedicated considerable efforts to refuting the salafī interpretation of al-walā? wa-al-barā?. The article examines the juristic methodologies utilized in the debate, and how it has affected religious decisions (fatwās) on Islamic life in Western societies.