广义的诠释论与统一的心理学

广义诠释论认为实证研究实际上也是一种诠释 ,它是包含了实证研究的诠释论。统一的心理学应当包括三个层次的研究模式 :传统的、狭义的诠释研究着重个案的、质化的分析 ,其目的是达到对具体的、个人的、临时的对话事件的理解 ;实证的诠释研究重在抽象、定量分析 ,以求作出具有普遍意义的推论和预测 ;广义的诠释研究综合以上两种研究策略 ,即对同一心理现象同时采取个案的、质化的和抽样的、量化的研究策略 ,既要具体的、个人的现象的丰富性和生动性 ,又要科学的抽象、量化、推论与预测 ,既要避免个案研究的局限 ,又要防止实证的抽象推论造成的对人类经验的割裂和肢解     

AI research and data protection: Can the same rules apply for commercial and academic research under the GDPR?

The paper examines how the EU General Data Protection Regulation (GDPR) is applied to the development of AI products and services, drawing attention to the differences between academic and commercial research. The GDPR aims to encourage innovation by providing several exemptions from its strict rules for scientific research. Still, the GDPR defines scientific research in a broad manner, which includes academic and commercial research. However, corporations conducting commercial research might not have in place a similar level of ethical and institutional safeguards as academic researchers. Furthermore, corporate secrecy and opaque algorithms in AI research might pose barriers to oversight. The aim of this paper is to stress the limits of the GDPR research exemption and to find the proper balance between privacy and innovation. The paper argues that commercial AI research should not benefit from the GDPR research exemption unless there is a public interest and has similar safeguards to academic research, such as review by research ethics committees. Since the GDPR provides this broad exemption, it is crucial to clarify the limits and requirements of scientific research, before the application of AI drastically transforms this field.     

Privacy and research involving humans

Human research ethics committees in Australia are required to consider compliance with privacy law as an element of the ethics of research. Recent legislation has introduced federal private sector privacy protection, as well as privacy protection at State and Territory levels. In Victoria, which is used as an example in this article, State privacy legislation covers public sector information and health records. This article considers the implications for research involving human participants and for ethics committees of the new privacy regimes. Although privacy law is a potential barrier to research about humans, the need for exceptions has been dealt with effectively in the context of medical or health research. However, privacy law and its chilling effect could potentially be a serious impediment to some forms of non-health-related research, such as social and socio-legal research.     

Tax-exempt bonds and sponsored research

"Sponsored research," wherein a business corporation or the government pays a portion of the cost of research activities carried out by a university or hospital, is increasingly important both for state institutions and for Section 510(c)(3) organizations. Sponsored research arrangements that are not properly structured can jeopardize the status of tax-exempt bonds issued to finance the facility at which the sponsored research occurs. While these rules have been difficult to apply in practice, properly structured agreements can provide funding for research without undue risk. This Article discusses the multiple pieces of guidance put forth by the Internal Revenue Service to clarify the many issues and tiers of analysis necessary to ensure a properly-structured sponsored research agreement.     

Educational Research and the Protection of Human Subjects

Educational research is increasingly subject to legal restrictions designed for the protection of human subjects of research. In this article the author discusses legal restrictions–both in the courts and under HEW regulations–on educational research, comparing these restrictions with those on biomedical research. He finds that although educational research in particular instances may give rise to suits for damages for invasion of privacy or intentional infliction of psychological distress, the legal issues relating to educational research will most often be resolved in proceedings before institutional review boards charged by HEW with the responsibility for passing upon proposals to conduct research on human subjects. He argues that the interests protected in proceedings before institutional review boards are not limited to those that have received judicial recognition in suits for damages. The author finds that the requirement that the informed consent of subjects be obtained presents difficult issues for educational research. He notes in particular the problems presented by research proposals that as an element of the research design contemplate the observation of subjects without their knowledge and the use of children as research subjects.     

我国犯罪学研究方法与方法研究

每个学科都有自己的研究方法,科学的研究方法是任何学科赖以建立和发展的工具,犯罪学作为一门社会科学,它也有自己的研究方法,而且犯罪学的研究方法呈现出多样化的特点。目前我国犯罪学研究中存在的问题是实证研究缺乏,定性与定量分析分离,研究范式单一陈旧,应整合研究方法,做到思辨与实证相结合,定性与定量相结合,寻求多学科理论支持,重塑犯罪学研究范式。     

Approaches to Gender and the Law: Research and Applications

Three paradigms for gender research are reviewed, illustrated by examples from employment discrimination law to highlight issues in research on gender and the law. Next, an agenda for research on gender, social science, and the law is outlined, and the five articles in this special issue are reviewed in terms of that agenda. Finally, research ideas for the future and practical applications of the research presented in the five articles are considered, specifically, the use of the reasonable woman standard and expert testimony in sexual harassment cases, and the influence of sex roles and sex stereotypes in producing gender effects.     

Ireland and medical research with minors: some medico-legal aspects

The practice of medical research with minors in Ireland consist of practices pertaining to therapeutic and non-therapeutic medical research. Clinical trials (a category of therapeutic research), is governed by legislation. However, any other therapeutic research (non-clinical trials research) and non-therapeutic research, e.g. observational medical research such as a longitudinal study of children or non-therapeutic research such as blood sample collection for analysis of cause of disease, are unregulated by legislation. This, article will outline and describe some of the medico-legal issues involved in both types of research and will comment on matters such as what national law exists, how the directive on good clinical practice has been implemented, what guidelines, if any, exist.     

Public corruption and fraud in the Netherlands: Research and results

Empirical research by social scientists on public corruption and fraud in the Netherlands has been scarce. Exceptions are research on criminal cases of corruption and, recently, a survey among local government functionaries to establish the extent of public corruption and fraud in the country. The article presents the conceptual framework and the results of this survey research on local corruption and fraud. A discussion of the findings concludes the article: How serious is the problem of Dutch public corruption and fraud? To stimulate comparative research, the questionnaire is added in an Appendix.     

University supply and corporate demand for academic research

University research is an important contributor to corporate innovation, but corporate-sponsored research has lagged other forms of research expenditure since 2000 and is perceived to be sub-optimal. This paper first examines and interprets reasons given by industry participants for this relative underperformance. It next establishes the complexity of this issue by explicating different patterns of research relationships for four industry groups. University supply of research and industry demand are both affected by internal factors that create inherent limits to these activities. The paper concludes that proactive measures by universities are the most feasible steps under current conditions to enhance corporate-sponsored university research.     

Some uses and misuses of research for criminal justice policy development and utilization

Criminal justice research has been extensively critized In recent years for its may shortcomings. Problems In its use appear to focus around three major areas of effort: Policy-makers, research managers, and professional researchers. This paper reviews what are seen as some of the major obstacles to quality criminal justice research in each of these areas of contemporary concern. Then, a number of suggestions are offered which are designed to improve the use of research for policy development and utilization in criminal justice.     

Cross-cultural research and the role of anthropology in criminal justice

This study involves the application of traditional perspectives from anthropology to an examination of criminal justice research. The survey of several samples of published research confirms the paucity of criminal justice research in non-Western settings. Moreover, most of the reported research is not broadly representative, having been concentrated in a few non-Western countries. The implications of these findings for criminal justice education, research and theory are discussed, as are means for promoting cross-cultural research. The concepts of holistic and traditional comparative criminal justice are contrasted.     

司法透明度指数及其研究方法

近年来,法学实证研究逐渐成为法学研究的一种重要方法,法治量化研究是实证研究中最为重要的方法之一,不仅逐渐为法学界接受,也得到实务部门的认可。十八届三中全会决定提出,要“建立科学的法治建设指标体系和考核标准”,推动了法治量化研究的深人发展。     

Safety demand and supply: An alternative to fear of crime

This review provides an opportunity to assess the current state of gang research and suggest directions for its future. There has been a dramatic increase in research on gangs, gang members, and gang behavior since the early 1990s, making this review especially timely. We use Short’s three-level framework of explanation to organize the findings of prior research, focusing on individual-, micro-, and macro-level research. Attention is focused on the findings of such research, but we also examine theoretical and methodological developments as well. Drawing from Short and life-course research, we introduce a cross-level temporal framework to guide future directions in gang research.     

中国30年来的宪法学教学与研究

上世纪70年代以来的中国宪法学教学和研究,从根本上说是围绕着反映经济社会发展要求的82宪法的形成、解说、实施和修改进行的,当然也在很大程度上受到后者发展状况的局限.中国的宪法学教学和研究得到了快速发展,但总体水平还比较低,其主要原因在于中国的政治体制改革相对滞后,宪政实践还不能提供必要而足够的研究资源,宪法学教学和研究缺乏现实的推动力.近年来,中国宪法学教学和研究出现了一些新的发展趋势.这些新的发展趋势适应了现阶段中国经济社会发展的要求,引领着中国宪法学教学和研究的新方向.     

Research in a correctional setting: Constraints and biases

Researchers studying correctional institutions rarely have attempted to assess and conceptualize the special impact of the correctional setting on their research experience. Using a ‘research chronicle’ of a study of work programs in an Indian prison and some analytic categories based on Cohen and Taylor (1977), the present study found that research in correctional institutions faces specific problems of access and data acquisition. It is suggested that such research can be conceptualized in social exchange terms and that it can benefit from using techniques of reciprocity. More specifically, correctional research appears to call for team research, triangulation, and considerable investment in establishing rapport. Some examples of the applications of strategies are provided.     

Entrepreneurship research centers around the world: research orientation,knowledge transfer and performance

This work investigates entrepreneurship research centers, and analyzes their research performance. Studies on the determinants of performance of research centers have mainly focused on science and technology, while entrepreneurship has been so far neglected. Through an analysis of 46 centers worldwide, we focus on entrepreneurship research and the role of centers, by discussing how knowledge transfer mechanisms and research orientation affect research performance. Our findings contribute to shed light on the divergence of methodologies and approaches characterizing entrepreneurship research; they also corroborate the view that centers enable a “compound Matthew-effect”, according to which knowledge transfer to external stakeholders, after controlling for research orientation of the center, does foster and enrich research performance.     

Human subjects protections in biomedical enhancement research: assessing risk and benefit and obtaining informed consent

The protection of human subjects in biomedical research relies on two principal mechanisms: assessing and comparing the risks and potential benefits of proposed research, and obtaining potential subjects' informed consent. While these have been discussed extensively in the literature, no attention has been paid to whether the processes should be different when the objective of an experimental biomedical intervention is to improve individual appearance, performance, or capability ("enhancement research") rather than to prevent, cure, or mitigate disease ("health-oriented research"). This essay examines this question in order to ensure that subjects in biomedical enhancement research receive adequate protection.     

PIs as boundary spanners,science and market shapers

The research program organization has been generalized to implement research policies in OECD countries. Principal investigators are the linchpin of the program based organization as they are developing research project to fit within programs. However, principal investigators are not only project managers but they also enact their environment, shape organization, heterogenous networks, research avenues, research communities and transepistemic arenas. Principal investigators are not only researchers they are also boundary spanners amongst academic and private sectors and amongst subfields and disciplines. Principal investigators, especially serial Principal investigators act as scientific entrepreneurs who enact their environment. It questions the relationship between principal investigators and their organization. It also questions the efficiency and effectiveness of program based research policy.     

Research, policy, and the National Health Service

The National Health Service is a system designed to bring about a rational use and distribution of resources yet which largely ignores the contribution of the research community. With a relatively closed health policy arena, there are few customers for policy-oriented research. With responsibility for funding research concentrated at the center and responsibility for delivering services at the periphery, the research community finds itself in limbo. In comparison to both the U.S. and Canada, Britain therefore offers an example of research both underfinanced and undervalued. However, research has made some significant contributions in areas where there has been a perceived use for its findings to support service developments. And the changes now being introduced in Britain's NHS are likely to create a new market for research as the system adopts some North American ideas and becomes less consensual and more pluralistic.