The origin and functioning of the family advocate system

This synoptic article focuses on the origin and functioning of the Office of the Family Advocate as the protector of the interests of minor children in divorce cases. Attention is paid to the general contemporary trend to specialise in judicial decision-making that developed out of an increasing need for expertise in the administration of justice. A number of arguments for and against judicial specialisation are addressed. The origin of the Office of the Family Advocate within the South African judicial system is discussed and a brief exposition of the history of divorce legislation in South Africa is given. This is followed by attention to the functioning of the Office of the Family Advocate with reference to the process followed in investigations of this office and points of criticism against the system are highlighted. The article closes with an indication of the need for research in this regard and possible focus points for future research are identified.     

Experimental psychologist as advocate or impartial educator

An important ethical issue surrounds the role of experimental psychologists as experts, namely, whether the expert psychologist should assume the role of advocate or impartial educator. In actual practice, a number of concrete dilemmas arise. These concern the external validity of the studies, the omission of information, and the conducting of special purpose studies, among others. Problems arise whether one plays the role of an advocate or an educator, for which the APA Ethical Principles provide little guidance. A Darwinian (survival of the fittest expert) approach is suggested as a temporary remedy.The author's research relevant to this article has been supported by grants from the National Science Foundation and the National Institute of Mental Health.     

Cost effectiveness in victim-witness advocate programs: A case study

An existing victim and witness advocate program is described and evaluated in terms of costs, benefits, and operations. Quantitative and qualitative data indicate that the program is cost beneficial and is also socially beneficial to both the victims and witnesses and the criminal justice system. Proposed programmatic changes are recommended to further improve the programs.     

End-of-life decision-making, the principle of double effect, and the devil's choice: a response to Roger Magnusson

Recently, the principle of double effect has come under scrutiny by Magnusson who believes it provides a subterfuge for those who act so as to end the lives of their patients. Specifically, he argues that the conceptual distinction between foresight and intention is dubious and, moreover, renders patients vulnerable to involuntary euthanasia. At the same time, Magnusson wants to protect doctors from criminal liability when faced with (what he understands to be) a "devil's choice" between ending the life of a patient or under-treating pain. Hence, Magnusson proposes that, subject to specific conditions, a so-called "defence of necessity" be recognised through either common law doctrine or legislation. However, to safeguard this defence, he must rely on what he most wants to reject: a fundamental aspect of the principle of double effect.     

论胎儿利益的民事立法保护

胎儿利益的民事立法保护问题,一直以来都是学界争论的焦点和司法实践的难题,我国《民法通则》明确否认了胎儿的民事权利能力,使其作为民事主体的资格缺失。当胎儿遭受不法侵害时,按照现行法律的规定,其对加害人不享有损害赔偿请求权,这显然违背了民法公平公正的基本原则,不利于胎儿利益的保护。如果赋予胎儿损害赔偿请求权,则与我国《民法通则》相抵触。在这种情况下,立法者应当充分借鉴大陆法系、英美法系及我国台湾地区的研究成果和立法经验,广泛吸收学者先进的立法建议,采取附解除条件的总括保护主义立法模式,赋予胎儿民事权利能力,以强化对胎儿利益的民事立法保护。     

检察机关服务城乡一体化的路径实现

城乡一体化是使城乡在经济、社会、文化、生态等各方面协调发展的过程,系统庞杂、内涵丰富。检察机关服务城乡一体化既是法治的基本要求,也是检察机关法律监督职能的体现和“三项重点工作”的落脚点。当前,在城乡一体化进程中还存在着一些问题,因此,检察机关应在完善组织机构、履行检察职责、健全工作机制等方面不断探索,为城乡一体化的发展提供切实可靠的法律保障。     

民事主体价值论

民事主体在不同的发展阶段表现出其个性化的价值特点,对这些个性化的价值进行分析可以找出民事主体整体的价值定位。民事主体除了对社会和个人的价值之外,还应注意到它作为一种制度在整个民法体例构建中所起的作用,即民事主体的体系价值。     

对附随义务的界定

附随义务的本质不在于是否由法律规定或合同约定,而在于它是诚实信用原则的派生和发展。