Adolescents and mental disorder: who consents to treatment?

Although English law recognises that developing adolescents may acquire the capacity to make decisions about medical treatment themselves it does not address the problem of mentally disturbed or disordered adolescents. This article examines the nature of adolescent refusal of treatment and suggests that a line be drawn between three categories of adolescent disturbance--the competent young person who refuses treatment that an adult too may refuse, the rebellious teenager whose refusal is triggered by simple teenage angst, and the mentally ill teenager whose refusal is triggered by mental illness. It suggests that adolescent autonomy needs to be more fully understood and the Mental Health Act more readily used in treating young people.     

Forced marriage: an analysis of legislation and political measures in Europe

Forced marriage is of current international concern in Europe. As many cases involve a transnational component linked to migration, it is increasingly receiving attention at the government level. The serious consequences for women, including sexual violence, and the physical and psychological health risks associated with it, seem to receive little consideration. Recent years have seen a rise in initiatives and measures taken by policy makers throughout Europe. As the focus is placed on criminalization and stringent immigration policies, ethnic minority population groups bear the greatest burden. It is argued that specific criminal laws make it more difficult for victims to come forward, while offering very little or no protection in return. The widespread 21-year age rule in immigration law has been denounced by scholars, institutes and magistrates alike for infringing on the fundamental human right to family life guaranteed by article 8 ECHR. The discourse on forced marriage appears to have reached a crossroads. European governments are faced with the challenge to create policies that protect and support victims, while simultaneously cracking down on perpetrators and safeguarding their borders from abuses in obtaining visas. There is a very pressing need to work more closely with those at risk, involving service provisions to directly support them, instead of a one-side top-down policy framework through which minority communities feel targeted and stigmatized.     

从德国职业自由权的宪法保护看中国职业资格制度

教育和就业是当前人们最关心的两大话题，因为它们关系到生计。为了在劳动力市场上获得更好的机会，各类资格证书成为谋职者的新宠，大学生热衷的英语证书，金融机构的会计证书，法律机构的司法考试证书，甚至连照顾产妇的月嫂都有相应的母婴护理证书。晚上和双休日各类培训学校人满为患。但是诸多证书中究竟有多少是国家规定应取得的，证书的含金量有多少，似乎不被人们所关注。本文试固从宪法保护的职业自由全角度探讨中国现有的职业资格制度，并与职业教育发达的德国进行比较，浅论完善的可能性。     

A European Legal Method? On European Private Law and Scientific Method

This article examines the relationship between European private law and scientific method. It argues that a European legal method is a good idea. Not primarily because it will make European private law scholarship look more scientific, but because a debate on the method of a normative science necessarily has to be a debate on its normative assumptions. In other words, a debate on a European legal method will have much in common with the much desired debate on social justice in European law. Moreover, it submits that, at least after the adoption of the Common Frame of Reference by the European institutions, European contract law can be regarded as a developing multi-level system that can be studied from the inside. Finally, it concludes that the Europeanisation of private law is gradually blurring the dividing line between the internal and external perspectives, with their respective appropriate methods, in two mutually reinforcing ways. First, in the developing multi-level system it is unclear where the external borders of the system lie, in particular the borders between Community law and national law. Second, because of the less formal legal culture the (formerly) external perspectives, such as the economic perspective, have easier access and play an increasing role as policy considerations.     

The Development of Youth Violence: An Old Story with New Data

Youth violence is a major public concern in all modern societies. To prevent this violence, we need to understand how innocent young children grow into violent adolescents. Longitudinal studies of large samples of children from infancy to adulthood indicate that the peak age for physical aggression is between the end of the second and the end of the fourth year after birth. Fortunately, because of their size, physical aggression from two-year-olds does not constitute a major threat to the public in general. It is also providential that most children learn to control these physically dangerous and socially disruptive behaviours before they reach their maximum size. This natural course of development suggests that the preschool years are the best window of opportunity to prevent the development of cases of chronic physical aggression. Safe streets probably start with quality early education. This article is an updated version of an article originally published in the Canadian Journal of Policy Research (ISUMA) (2000), vol. 1, no. 2, pp. 19–24.     

汶川大地震引发的民法思考

汶川大地震带给国人太多泪水与伤痛，“多难兴邦”要求痛定思痛。天威不可测，但灾后重建中，对人祸所致损害，如何追偿：对民法欠缺之处，如何完善等都是汶川大地震留予我们的民法思考，正所谓“惩前必后，来者可追”。     

Missed Opportunities for Diagnosis of Post‐traumatic Thrombosis: A Case Series and Literature Review

Thrombosis is caused by abnormalities in the composition of the blood, the quality of the vessel wall, and the nature of the blood flow. Herein, we present four cases of fatal thrombus formation after a trauma, which were missed at clinical diagnosis as the symptoms were misinterpreted. We stress that a blunt trauma can be fatal because of its direct and indirect kinetic energy effects at the subacute phase. This report highlights the importance of considering thrombosis in the diagnosis of closed trauma, which is usually missed because of lack of awareness for early diagnosis and treatment or is detected too late for any therapeutic intervention, which can result in avoidable morbidity and mortality.     

Strategy space: personnel and the law

Government regulation is a source of many management headaches, but it has also broadened personnel's field of expertise (and consequent influence). According to Dr. Greenlaw, human resource practitioners would be well advised to learn their "strategy space boundaries" for complying with legislation, because it is this sort of pro-activity that can make and keep personnel a line function.     

Public criminologies

Research Summary Public scholarship aspires to bring social science home to the individuals, communities, and institutions that are its focus of study. In particular, it seeks to narrow the yawning gap between public perceptions and the best available scientific evidence on issues of public concern. Yet nowhere is the gap between perceptions and evidence greater than in the study of crime. Here, we outline the prospects for a public criminology, conducting and disseminating research on crime, law, and deviance in dialogue with affected communities. We present historical data on the media discussion of criminology and sociology, and we outline the distinctive features of criminology—interdisciplinary, a subject matter that incites moral panics, and a practitioner base actively engaged in knowledge production—that push the boundaries of public scholarship. Policy Implications Discussions of public sociology have drawn a bright line separating policy work from professional, critical, and public scholarship. As the research and policy essays published in Criminology & Public Policy make clear, however, the best criminology often is conducted at the intersection of these domains. A vibrant public criminology will help to bring new voices to policy discussions while addressing common myths and misconceptions about crime.     

罗隆基人权理论及其限度

罗隆基是一个典型的自由主义知识分子。他以“人权论战”闻名于世，前期是以论政为主，后期以从政为主。他以功用作为视角，认为人权乃是做人的必要条件，并以此为基点构建其人权理论体系。罗隆基人权理论既受英美人权思想的影响，又带有中国特色，从而导致其人权理论所阐释的理想主义在当时中国现实语境下面临两难困境而难有用武之地。     

A critique of Callahan's utilitarian approach to resource allocation in health care

The rationale of this article is grounded in the liberal tradition. It places the individual at the center of concern, and attempts to fortify the individual's basic right to health care. Attention is focused on the writings of Daniel Callahan, arguing that his approach is too cold and detached, and that age should not serve as the decisive criterion. The criticism of his views on older patients and on patients in post-coma unawareness (PCU) stems from two different lines of reasoning: the medical and the moral-contractual. From the medical perspective, while age is an important variable in determining a patient's medical condition, there are other--no less important--factors that influence one's health. From the moral-contractual line of reasoning, liberal society should not desert its citizens at the time they need its help most. The age criterion is too simple, too general, too sweeping. It provides too convenient an answer to a tough and troubling question. Similarly, the argument with regard to PCU patients should be qualified, taking into account the age of the patient, the cause of the condition, and the length of time in state of unawareness.     

A question of species Astonishment at the beginning of the human being

The decoding of the human genome, aswell as current research on human stem cellsand early embryos, demands new legal andpolitical definitions of the human species.Both the act of limiting research on humanembryos, because they are themselves human, orthe act of permitting such research since theyare not human at all, entail a very newdefinition of the human species. Where politicsis confronted with the task of defining theessence and the anthropos of the human beingand of transforming this definition intolegitimated social actions, we must admit of anincrease in civil procedures. This debate isconstantly pushing at the borders of thedefinition of `humanness'; borders which bothlimit its definition and scope. The biosciencesnot only transgress such borders but alsosubstantially damage them; concerned subjectscannot proceed against such violations of theborders of `humanness'. The transposition of adistinct non-human life form into a human oneis endangering the human being as a distinctspecies. In this case, however, Carl Schmitt'stheory of politics, as an opposition to theenemy, becomes relevant to the human organismitself as it is challenged by the appearance ofnon-human forms of life within it.     

心理学视野中的人力资源开发

本文从心理学的角度探讨了人力资源开发的问题，认为，人的能力是一种重要的开发对象，情绪既是开发的对象又是开发的手段、自我概念的成长则是开发的目标和最高境界，它是个体保持持久的上进心的内在动力，要发挥人力资源效率，应将人力资源开发的各个环节与能力挂钩，科学地设置能力与责任利的关系，激发人的潜能，改善人的情绪智力，促进人的自我成长。     

网络空间供应链国际规范研究——构建供应链生态系统总体安全观

随着全球信息通信产业的深度融合,供应链已日益成为网络空间中主要的安全威胁来源,各国在供应链安全领域对国际规范的需求日益提升。然而,以2015年联合国信息安全政府专家组报告为共识基础的"GGE供应链规范"由于在内容上过于专注西方国家所重视的技术攻击威胁,忽视了中国等发展中国家避免对环境进行干预和扰乱的需求,导致了"技术安全观"与"环境安全观"之间的倾向差异。加之存在条文表述上的模糊与缺陷,"GGE供应链规范"无法满足当前的现实安全需要。应当在兼顾各方立场的基础上,构建供应链生态系统总体安全观,并厘定新的总规范表述以统领整个体系架构。     

禁止体罚儿童的国际法律规定与国内法律实施——以家庭内体罚儿童为视角

普遍存在的体罚儿童现象随着国际社会对儿童权利的关注逐渐进入人们的视野,特别是家庭内部的儿童体罚问题也开始受到关注。近年来,禁止一切形式的儿童体罚的观念逐渐被越来越多的国家所接受。探析儿童体罚问题的原因和危害,从国际人权文件和我国国内法律体系中寻找家庭内部禁止体罚儿童的依据,以类型化分析的方法比较世界各国保护儿童的立法例及其进展,借鉴外国禁止体罚的立法实践,针对我国在禁止家庭内体罚儿童中存在的种种问题,提出若干改进方向,以求尽快达到禁止体罚儿童的国际人权法律标准、不断改善国内儿童权利保护状况十分必要。     

Contractualism and the Death Penalty

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5% of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version of Scanlonian contractualism to bear on the question of whether the death penalty, life imprisonment, long sentences, or shorter sentences can be justified, given that there is a non-negligible rate of erroneous conviction. Contractualism holds that a permissible act must be justifiable to everyone affected by it. Yet, given the non-negligible rate of erroneous conviction, it is unjustifiable to mete out the death penalty, because such a punishment is not justifiable to innocent murder convicts. It is further argued that life imprisonment will probably not be justified (unless lowering the sentence to a long sentence will drastically increase the murder rate). However, whether this line of argument could be further extended would depend on the impact of lowering sentences on communal security.     

不断完善医疗纠纷赔偿机制的思考

本文对海南省推行全省统一的医疗责任保险方案实施两年来,在运行过程中存在的问题与对策从医院层面进行分析,认为医疗纠纷通过医责险赔偿仍面临诸多矛盾和问题。主要表现在：一是保险公司的逐利性和医院对投保的初衷存在巨大差异,购买医责险并非医院自愿;二是医责险在理赔中困难重重,该赔不赔、随意压价、限制受理范围等等导致调解失败,医院没有真正从医疗纠纷中解脱出来,“医闹”问题仍困扰医院;三是保险方案设计和保费调整系数不合理,医院承担的保费过高,而赔偿过低,未能达到风险转嫁的目的。作者提出不断完善医疗纠纷赔偿机制,尝试建立医疗风险互助金制度。     

The Good,the Bad,and the Klutzy: Criminal Negligence and Moral Concern

One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of ethicist Nomy Arpaly to criminal negligence. Although not interested in legal issues herself, Arpaly has a well-developed theory of moral agency that explains moral concern in terms of responsiveness to moral reasons. Introducing her work to the ongoing scholarly debate will be helpful for two reasons. First, while a definition of negligence in terms of moral concern is recognized as one proposed solution to the negligence–blameworthiness problem, authors promoting it have yet to give a systematic account of moral concern and its relation to blame. Borrowing Arpaly's account will help clarify the idea of moral concern so that both proponents and critics of a concern approach to negligence can have a better-defined debate. Second, her theory of blameworthiness is especially suited to defending the blameworthiness of negligent actions, because it does not have recourse to a special quality of choice or self-control that must be active to render conduct blameworthy. To make this second advantage clear, the article argues that reliance on choice or self-control problematizes blameworthiness for negligence. Those who wish to defend blameworthiness for negligent acts should base their work on an account of moral agency that does not rely on either choice or self-control to explain when an action is blameworthy.     

论自然资源所有权宪法设立的缺陷

宪法关于自然资源都属国家所有,即全民所有的规定存在三大缺陷:抽象的“自然资源”因不能支配而不可能设立所有权;部分自然资源如阳光、空气等不稀缺而不需要设立所有权;国家和人民是两个不同的主体,在自然资源上设立所有权违反了一物一权原则。宪法的失误,造成了自然资源资产所有权难以实现和资源资产严重流失的被动局面。因此,需要从宪法的高度将自然资源转化为自然资源资产后,再设立所有权,其意义重大而且可行。     

“人脸识别第一案”判决的法理分析

“人脸识别第一案”之所以备受瞩目,不只在于其涉及如何平衡个人信息保护与个人信息商业化运用之间的关系,更在于其涉及法律应当如何正当而合理地分配科技所带来的效益与风险问题。两审法院的判决认可信息主体的删除权,有值得肯定之处,但同时也有令人遗憾之处。两审法院的判决在价值取向上支持产业界,故而对现行法律做了有利于信息处理者的选择性解读。从社会效果而言,判决所传递的信息并不利于加强对个人信息的保护,既难以有效激励信息主体在自身信息权益受到侵害时积极进行维权,也无法对信息处理者的侵权与违约行为形成有力威慑。技术中立是个伪命题且具有误导性,因为技术不只处于科技系统之内,它也作用于现实社会并对之加以塑造。