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1.
In this paper, the author questions whether the research ethics guidelines and procedures are robust enough to protect groups when conducting genetics research with socially identifiable populations, particularly with Native American groups. The author argues for a change in the federal guidelines in substance and procedures of conducting genetic research with socially identifiable groups.  相似文献   

2.
KAARLO TUORI 《Ratio juris》1989,2(2):125-143
Abstract. The reconstructive theory of the procedural legitimacy of modern law developed on the basis of the theory of discourse ethics has limited itself solely to the deontological, moral-normative aspects of the validity claims of legal norms and judgments. However, teleological and axiological aspects are also intertwined with legal validity claims and with the procedures in which legal norms and judgments are produced. The discursive-procedural concept of legitimacy seems to require as its support, instead of the theory of discourse ethics, a general theory of practical discourses or, more generally, of rational collective will-formation.  相似文献   

3.
John Finnis 《Ratio juris》1999,12(4):354-373
This essay argues that Plato's critical analysis of the ethics of discourse is superior to Habermas', and more generally that Habermas has no sufficient reason to propose or suppose the philosophical superiority of "modernity." The failure of Hume and Kant and much modern philosophy to understand the concept and content of reasons for action underlies Habermas' attempted distinction between ethics and morality, and Rawls' concept of public reason. A proper study of discourse also yields a metaphysics of the person, and thus reinforces the ethics.  相似文献   

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会计责任与审计责任之比较   总被引:1,自引:0,他引:1  
邱景忠 《河北法学》2005,23(3):147-149
审计责任和会计责任是注册会计师市计业务中常用的两个概念,在注册会计师事业迅速发展的今天,进一步分清 两者的区别和联系,合理界定各自的责任范围,对于发挥审计在现代经济管理中的积极作用有重要的现实意义。 从两者的内涵、区别以及实际工作中应注意的问题等方面进行了分析。  相似文献   

6.
《Criminal justice ethics》2012,31(3):302-318
Abstract

Companies in the stability operations industry have been subjected to painstaking scrutiny while critics have ignored the value they bring to contingency operations and government clients. Moreover, the scope of the industry is often overlooked by critics who paint a picture of uncontrollable companies making ridiculous profits. In response, this article offers some insight on stability operations, contracting processes, pitfalls, and opportunities. The article then discusses some of the criticisms that surround the industry. These criticisms are often due to sensationalized reporting, and a significant problem is that reports on criminal activity such as fraud and abuse are exaggerated. In contrast, the far larger problem of waste due to poor client planning and oversight is glossed over. Finally, the article discusses industry self-policing efforts that have emerged to support the use of professional and compliant businesses in stability operations. Ultimately it is governmental regulatory enforcement and quality contracting practices that will do the most to marginalize unethical companies, reward better firms, and improve partnerships and success rates in stability operations globally.  相似文献   

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Despite professional nonns of being socially responsible and providing service to the underprivileged, the attitudes of law students toward ethical duties and public service bear similarities to those of business students. Using data from multiple interviews with luw and business school students at one university, 1 find that these attitudes develop in response to the expectations of peers and professors during school experiences. Ethics courses are marginalized by the schools, and courses focus on such pragmatic issues as the professional code of conduct (law school) or how the appearance of social responsibility affects the bottom line (business school). Provided with little guidance on what they might do when they encounter real ethical dilemmas, students karn vocabularies of motive concerning how lawyers and managers should balance profits, cany out responsibilities to various stakeholders, and weigh ethical concerns, and they then moderate their own expressions of extreme self-interest or self-sacrifice. Both groups learn to maintain social responsibilities only within reason, emphasizing the separation of work from personal convictions. These elements have implications for the perfonnuwe of public service in their future careers, as well as for a scholarly understanding of professionalism.  相似文献   

8.
"责任"一词是人们在日常生活和学术研究中司空见惯、人人熟知的词汇.但如果从理论层面对其内涵和本质作出综述或分析时,却难以找到共通或公允的认识或界定.通过对中西方学界关于责任内涵的梳理和比较,提出了责任的内在规定性实质,认为责任是一种内化了的思维方式和行为规范,是个体一般性的意识准备状态和价值判断体系,这种价值判断在特定情境条件下还将引发相应的情感体验和内部动机并诱发相应行为.  相似文献   

9.
在数字化浪潮下,司法活动呈现出去责任化的趋势,具体表现为责任感的缺失和责任推诿的加剧,因而亟待法学界对司法责任伦理予以革新。数字技术导致司法责任消解的机理是复杂和多元的,主要源于其兼具权威性与非权威性、确定性与不确定性、机械性与能动性等多重面孔。当前我国司法工作中的数字技术主要被应用于证据指引系统、风险评估工具、在线诉讼平台的开发等事项上,这些领域也是司法责任伦理冲突最为激烈的场域。数字时代应当坚守人本主义司法责任伦理,准确界定机器、技术人员、系统部署者与司法官的责任框架,在拥抱技术的同时树立科学的责任观,借助数字技术建立和完善符合时代特征的司法责任体系。  相似文献   

10.
This article explores the relationship between multilateral environmental agreements (MEAs) and corporate social responsibility (CSR). It offers an overview of the linkages, a survey of relevant provisions of key MEAs, and a review of the relationship between global trade rules and MEAs. Finally, the article highlights three ongoing discussions with relevance to linkages between CSR and MEAs: (1) whether, and if so how, to identify minimum global business standards in the environmental sphere; (2) the rapidly evolving 'sub-theme' within the CSR agenda which addresses the business/development interface, and the contribution of business to poverty reduction, sustainable livelihoods and achieving the Millennium Development Goals; and (3) the development by the International Organization for Standardization of an international guidance standard on 'organizational social responsibility', which, if adopted, will become ISO 26000. The risk of seeing CSR as a new pathway to MEA implementation is that the role of MEAs in informing the development of minimum acceptable environmental norms of business behaviour will be 'watered down'. If MEAs are to learn from CSR, their competitors and often stronger counterparts in the international architecture – intergovernmental trade and investment arrangements – also need to be equipped not only to be sensitive to CSR, but actively to support it. 1  相似文献   

11.
抑郁症是一种常见病与多发病,常见涉案类型有凶杀、盗窃、纵火、自杀等。作案原因表现多样化,心理病理机制较复杂,在刑事责任能力判定问题上分歧仍然较多。本文仅就此进行简单阐述。  相似文献   

12.
一、严格责任制度的发展 严格责任是英美法系首先创制并较多适用到刑法上的法律制度,它经历了一个从无到有的过程。  相似文献   

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This article considers in a different light the relationship between legal theory and ethics by means of an interpretation of the thought of Adorno and Horkheimer, and of the writings of Richard Rorty, as two moments of a marginal stream of ethics of passions that runs beneath the history of rationalist Western philosophy. It departs from the critique of Modernity as a dialectic of barbarism and civilisation, and from a genealogy of Auschwitz that finds its antecedents in Kantian morality. It also characterises modern culture as one of apathy and bourgeois stoicism, and establishes a link between the cold modern ethos and the dynamics of Nazi hardness. The article turns then to a consideration of some of the responses to the comprehensive crisis of Modernity: the imperative ‘Auschwitz never again’, Adorno’s ‘general enlightenment’ and Horkheimer’s ethics of sympathy. Finally it reflects upon Rorty’s proposal of sentimental education as an effective strategy to foster a human rights culture in Postmodernity, with the aim of bridging the tradition of moral sentiments and contemporary struggles for human rights. I am very grateful to Costas Douzinas, Sonia Romero, Shaun Haselhurst, David-Alexander Smith, José Bellido and the two anonymous referees for their comments, and to Alexander García-Düttman for his suggestions. This text is dedicated to Paul Gready.  相似文献   

15.
Seckendorff’s economic writings are compared with contemporary writers, most importantly with Johann Joachim Becher. There are considerable differences between Seckendorff and Becher with respect to character of personality and also with respect to the political environments within which they acted. Differences in the substance of their writings can often be attributed to these two factors. Seckendorff puts significantly more emphasis on general conditions of production, such as reliability of legal framework, a stable monetary system, etc., while he devotes less attention to interventionist measures of promotion of trades. Therefore, Seckendorff implicitly relies more on the spontaneous forces of economic activity. In comparison, Becher, with his activist eand even impatient attitude, advocates the launching of spectacular projects to accelerate economic development, supporting his proposals with theoretical arguments. There are also important aspects on which their views converge.  相似文献   

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Globalisation and Europeanisation represent challenges not only to national economies and institutions but also to national legitimating discourses. This paper first outlines the theoretical requirements for such discourse, by considering it along two dimensions: ideational, which encompasses cognitive and normative functions, and interactive, which encompasses co-ordinative and communicative functions. The paper illustrates these through empirical discussions of the post-war construction of discourses in France, Britain and Germany. It then examines how the discourses have responded to the challenges to traditional conceptions of economic organisation, social welfare, and political democracy from European and globally-related economic and institutional changes. The paper concludes that while France remains in search of a legitimating discourse, Britain is in the process of renewing its Thatcherite discourse, and Germany is in the process of recasting its post-war liberal social-democratic discourse.  相似文献   

19.
The purpose of this study was to determine whether the citzen police academies (CPA) in two cities were effective in changing participants’ attitudes, beliefs, and behavior toward police. Pre-and post-test questionnaires were used to obtain participants’ ratings of their attitudes and beliefs concerning police officers and their willingness to cooperate with police. Participants were also asked to indicate what cooperative behaviors they had actually engaged in before and/or during the CPA. At the end of the CPA, participants in both cities rated themselves as having more positive attitudes toward police, and more willingness to engage in behaviors that would help police. There was also an increase in actual performance of some cooperative behaviors during the CPA. These changes did not seem to be overly dependent on the jurisdiction (large versus small city), the demographics of the CPA participants, or the specific characteristics of the CPA curriculum.  相似文献   

20.
Netherlands International Law Review - This article first examines the entire range of agency relationships between an international organisation, acting as a principal, and one or more states,...  相似文献   

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