Democratizing the hospital: deliberative-democratic bioethics

The increased presence of moral consultants, or bioethicists, within hospitals and clinics in the last two decades has begun to raise questions about their sources of authority and norms of practice. Under pressure from critics in the social sciences, a number of bioethicists have recently raised the ideal of democratic deliberation to defend and reconstruct their place in the medical field. This article sheds light on these developments by placing bioethics in a historical context that shows an early tension between bioethicists as whistle-blowers and bioethicists as incremental reformers of medical practice. This article also develops a conceptual framework for analysis that indicates how such tensions have grown more complicated for contemporary bioethicists because they occupy a fluid and structurally ambiguous role in which there are multiple sources of normative expectations and little guidance for meeting these expectations. The liminality of the role and the overload of expectations have made bioethics vulnerable to methodological criticisms from social scientists. This article concludes that such methodological criticisms cannot address the more systemic problems of liminality and overload. The ideal of democratic deliberation, though imperfect, does address these systemic problems because it shows bioethicists how to gain guidance and share responsibility for moral consultation.     

西方行政改革趋向的新特质--市场化的超意识形态特征及其动因

近十几年来,国外的行政改革。特别是西方发达国家的行政改革在很大程度上具有趋同性。它主要体现在推行改革的过程中,无一例外地看好市场模式的作用。这种推崇市场化的倾向被不同党派、不同意识形态和不同体制所接受必然有其深刻原因。本文针对这一现象进行了分析并对它所体现出的超意识形态特征进行了解释。     

Morality in criminal law and criminal procedure: Principles,doctrines, and court cases

One of the drawbacks of the current era of predominance of Positive Law over Natural law, is that the moral roots of criminal law are all too easily overlooked or even ignored. Yet one should always keep in mind that moral standards (and the related area of Natural Law) historically preceded any type of criminal legislation or judicial decisions. This Note describes some selected aspects of criminal law of the United States (both substantive and procedural), with occasional references to other countries where necessary. Particular attention is focused on criminal law court cases and on how they deal with morality. The author argues that much more attention should be paid to the fundamental relationship between moral values and criminal law.     

The impact of gender roles on verdicts and sentences in cases of filicide

Although mothers and fathers are equally likely to kill their children, maternal filicide cases tend to draw more media coverage and community outrage. While traditional gender role expectations appear to contribute to the community response that follows a report of filicide – and influence media representations – little is known about the offenders’ treatment in the criminal justice system. Drawing on theorizing within gender studies, this article examines relationships between traditional gender role expectations and court case outcomes in cases of maternal and paternal filicide. Findings indicate that both verdicts and sentences in these cases vary by gender and that, for female offenders, the differential treatment is related to how well they appear to fit traditional gender roles.