“道德银行”的困境及其伦理启示

"道德银行"是近年来推出的旨在推进公民道德建设的一种创新式的方式,其伦理实质是用一种功利化的方式推进美德建设."道德银行"的实施存在着理论与实践上的双重困境:在理论上,"道德银行"与美德存在着内在的冲突;在实践中,"道德银行"容易产生伪善."道德银行"所产生的困境给我们的主要启示是:道德建设应合理地明晰道德的层次,结合道德自身的特点;道德建设尤其是美德建设不能采用功利化的推行手段;应在充分考量现实道德生活环境的基础上合理地运用不同的伦理理论.     

能源可持续发展的伦理学蕴含

导　言1 999年联合国教科文组织世界科学知识和技术伦理委员会下设了一个关于能源伦理的分委员会。两年以后,该委员会提交了它的第一份报告。〔1〕该报告开头是这样写的:“可持续发展即为我们现在和将来地球上“居民”的幸福而利用资源,已经成为在各个方面引导个人和集体行为以及国家和国际政策的一个概念。”〔2〕这是一个著名的宣言,因为它包含着对能源可持续发展的三个关键的伦理性挑战:第一,可持续发展这一理念在各个方面包括个人、集体、国家和国际都将引导我们作出能源决策。能源不再是一个扩大能源的供应以满足越来越多的人的需要的…     

Ethical Implications of Methodological Settings in Arts Management Research: The Case of Performance Evaluation

In this article, we analyze research on the evaluation of the artistic outcome of arts organizations. Inspired by Wicks and Freeman's new pragmatic approach to organization studies, we give an ethical question a central role in our analysis: to what extent is current research able to serve the needs of individual arts organizations and their communities? Our results highlight the influence of research traditions on the ethical implications of performance evaluation research. To serve the arts world, further research should aim at in-depth understanding of the specific complexity of different contexts rather than at decontextualized generalization of simplified universal principles.     

The Confrontation between the Big Five and Big Law: Turf Battles and Ethical Debates as Contests for Professional Credibility

This article uses interviews and comparative professional histories to explore the stakes of the battle- pre-Enron and seen in reactions to the Enron crisis - between the organized bar and the multidisciplinary practices (MDPs) associated with the Big Five accounting firms and their law firms. The paper examines modes of professional practice - family, Continental corporate law, and the Cravath model – to describe the tensions and potential solutions to maintaining professional legitimacy without appearing too close to business or economic power. The paper then seeks to explain preliminarily why the MDP debate became so strong in the United States despite the fact that the actual threat to U.S. corporate lawyers appeared relatively small. It suggests that the interjection of the Big Five potentially threatened a relatively precarious professional legitimacy with different impacts for different sectors of the bar.     

“四要件论”——质疑犯罪标准引论

20世纪50年代引自苏联的犯罪构成四要件理论,在新刑法确立罪刑法定原则、废除类推制度后,缺陷凸现,已不能适应新形势下司法实践的要求,难以提供犯罪标准.依犯罪标准为目标的犯罪构成理论应坚持法定性和实践性原则,在科学地解释刑法中对犯罪的全部规定基础上,建立符合刑事司法实践内在逻辑、逐级深化的开放式立体体系.重构犯罪标准理论体系,对于落实罪刑法定原则、解决原理论与司法实践脱节的缺陷,满足司法人员定罪需要具有极其重要的意义.     

Observer Effect: Insights for Building Equitable Community-Research Partnerships

Grassroots community efforts intuitively understand the physics of relationships—that you cannot interact with something or someone, even if that interaction is simply observation, without having an impact. Research shapes the way our lives are imagined. There’s no way around it. But developing relationships with researchers or others who can help document and disseminate ‘by and for’ information can be challenging for grassroots and community led initiatives. When institutions seek to include marginalized community priorities into pre-existing frameworks or study initiatives, or when researchers come from the outside, extract information from our community organizations and grassroots efforts, and then leave to analyze and make meaning of it elsewhere, the result is never accurate and our own community led trajectories of learning are disrupted and undermined. From significant changes to how research collaborations are conceived and funded, to simple fixes to approaches used in the field, researchers can be better partners to community led efforts to document and understand our own lives.     

Ethical Implications of Physician Involvement in Lawsuits on Behalf of the Tobacco Industry

The statements of physicians who serve as expert witnesses for the tobacco industry reveal subtle but significant problems. Some expert testimony obfuscates the important issues, and some initially reasonable statements later evolve into extreme positions during cross-examination. Such statements fall into a "gray area" of professional ethics, potentially misleading juries and adversely affecting professional integrity. Medical associations can and should strongly enforce professional standards that do not tolerate tobacco industry influence on physician expert witnesses.     

The Impact of Freezing on Bone Mineral Density: Implications for Forensic Research

It is common for researchers using animal or human remains for scientific study to freeze samples prior to use. However, effects of freezing on bone macro‐ or microstructure are relatively unknown. The research objective of this study was to determine whether freezing could potentially bias experimental results by analyzing changes in bone mineral density (BMD) with the freezing of remains over time. Eight fetal pigs were scanned to determine their initial BMD before freezing. Three piglets underwent a freeze‐thaw cycle to assess the effects of the freezing process. Four piglets were frozen and scanned weekly for 20 weeks to assess freezing over time. The overall average between the fresh initial scan and final frozen scan was significantly different (p < 0.001). Per contra, the final thawed BMD scans did not differ from the initial fresh scan (p = 0.418). Thus, completely thawed remains are recommended for experimental studies.