南通智障少女子宫切除案的法律思考——论智障者知情同意权的行使

南通智障少女子宫切除案件对社会的触动,暴露出了我国智障未成年人知情同意权行使规则的缺失。文章分析了案件的本质问题,通过对域外立法、判例之考察,提出粗浅的立法建议。     

南通智障少女子宫切除案的法律思考——论智障者知情同意权的行使

南通智障少女子宫切除案件对社会的触动，暴露出了我国智障未成年人知情同意权行使规则的缺失。文章分析了案件的本质问题，通过对域外立法、判例之考察，提出粗浅的立法建议。     

Beyond labeling: The case of the mentally retarded

This paper provides a review of the sociological literature on the mentally retarded. It attempts to analyze the reasons why the mentally retarded have been so thoroughly de-valued in our society that even social scientists ignore them as an object of study. The literature that does exist is primarily confined to the mildly retarded and generally applies labeling theory to understand the processes by which individuals unable to succeed in institutions such as schools are diagnosed as retarded. Studies employing labeling theory either ignore the severely retarded or allow the medical model as the only appropriate framework for understanding these populations.The failure to include the severely retarded in the general analysis of the problems of the handicapped by labeling theorists indicates a deficiency in the theory rather than the group excluded. A more critical perspective on the handicapped is required which ties the analysis to the study of other surplus populations such as the poor, the illiterate and other disposessed groups. The treatment of the severely retarded provides a looking-glass into the way our society can so de-value a dependent population that its very survival can be questioned.A version of this paper was presented to the Southern Sociological Society Meetings, Memphis, Tennessee, 1982.     

Attribution styles and attitudes toward capital punishment for juveniles,the mentally incompetent,and the mentally retarded

This study used attribution theory to explain respondents' levels of support for the death penalty for juveniles, the mentally ill, and the mentally retarded via the administration of a quasi-experimental factorial survey to 697 subjects who were called for jury service. The results indicate that the respondents with dispositional attribution styles were significantly more likely to recommend a death sentence than were those with situational attirbution styles. Moreover, the study found that the effects of a large number of the “known correlates” of support for the death penalty were fully or substantially mediated by attribution theory measures. The substantive, theoretical, methodological, and legal/policy implications of the study are discussed.