重评斯顿夫的机能心理学

德国著名心理学家斯顿夫提出的机能心理学，是对布伦塔诺意动心理学的继承与推进，在西方人文心理学的思想发展中具有承上启下的作用，由于有关他的文献毁于战火之中，导致他长期以来受到心理学史家的冷 落，本文根据新近发现的资料，重新阐述了斯顿夫机能心理学的理论体系，包括心理学的性质，对象，方法以及心理状态的特征与分类等思想，在基本观点上，斯顿夫的机能心理学与布伦塔诺的意动心理学一脉相承，但在具体内容，前者是后者的发展与超越。     

Duality in Property: Commons and Anticommons

Commons and anticommons problems are the consequence of symmetric structural departures from a unified conception of property. In this paper, we provide a dual model of property, where commons and anticommons problems are the consequence of a lack of conformity between use and exclusion rights. While commons and anticommons problems are symmetric in this sense, they are associated with asymmetric transaction costs. The paper formulates a hypothesis of legal rules for promoting unity in property and suggests a list of possible areas of application.     

Understanding and assessing school police officers: A conceptual and methodological comment

Although law enforcement officials have been involved in the provision of school security services for the past half century, prior to the 1990s the practice of assigning sworn police officers to serve in schools on a full-time basis was uncommon. Over the past decade the number of police officers serving in schools increased substantially, but few studies of school police officers were conducted and little attention was devoted to understanding the role of school police officers. This article contributes to the literature on school police officers by providing an overview of the development of school police officers, an outline of issues which should be considered in conceptualizing school police officers, and a discussion of methodological issues pertaining to the assessment of school police officers.     

Dealmaking Disrupted: The Unexplored Power of Social Media in Negotiation

While social media has had profound effects in many realms, the theory and practice of negotiation have remained relatively untouched by this potent phenomenon. In this article, we survey existing research in this area and develop a broader framework for understanding the wider roles and effects of social media on negotiation. Through a series of detailed case studies, we explore how social media can drive important negotiations either off the rails or toward beneficial outcomes—and how savvy practitioners can harness this often‐neglected factor to their advantage, or else find themselves outmaneuvered by more digitally sophisticated parties. Applying the lens of the “3D negotiation” approach developed by Lax and Sebenius, we describe a number of potentially decisive roles that social media can play to enhance actions by negotiators “at the table,” with respect to deal design, and “away from the table.” In this 3D context, we show how social media can help negotiators learn about their counterparts (interests, perceptions, relationships, and networks), directly and indirectly influence the parties, mobilize supporters, and neutralize potential opponents. We show that being proactive—both in cultivating digital influence or allies and in building resilience to threats across online information ecosystems—can provide critical advantages for negotiators navigating a hyperconnected world. We develop a preliminary framework to help identify the full range of platforms, tools, and methodologies appropriate for the use of social media in negotiations, including network mapping software and open‐source intelligence techniques. Throughout our analysis, we stress the importance of ethical and privacy considerations.     

The legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment: Part 3 (Victoria)

This is the final article in a series of three that examines the legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment from adults who lack capacity. This article considers the position in Victoria. A review of the law in this State reveals that medical professionals play significant legal roles in these decisions. However, the law is problematic in a number of respects and this is likely to impede medical professionals' legal knowledge in this area. The article examines the level of training that medical professionals receive on issues such as refusal of treatment certificates and substitute decision-making, and the available empirical evidence as to the state of medical professionals' knowledge of the law at the end of life. It concludes that there are gaps in legal knowledge and that law reform is needed in Victoria. The article also draws together themes from the series as a whole, including conclusions about the need for more and better medical education and about law reform generally.     

Are Your Disputants Insecure and Does It Matter? Attachment and Disputants' Speech during Mediation

An exploratory qualitative study explored the effect of attachment styles on disputants' speech during real‐life mediations. Drawing on attachment theory, we classified disputants as secure or insecure individuals using a self‐report attachment‐style questionnaire. Subsequently, they entered their mediation sessions, where their entire speech was recorded. Qualitative analysis of their speech yielded consistent and sometimes striking differences that portrayed secure speech as remarkably more useful and enhancing toward resolution compared with insecure speech. The findings, presented with many examples, strongly indicate the relevance of attachment to the research of communication during mediation sessions. In this report, we also consider the practical implications of the association between attachment and disputants' behavior, emphasizing the role of mediators.     

Child sex tourism: extending the borders of sexual offender legislation

Child sex tourism, the act of traveling to engage in sexual acts with minors, plagues developing nations worldwide. Several laws have been passed internationally in recent years designed to curtail this practice. Government entities and human rights organizations have driven these efforts. United States citizens represent a significant proportion of participants in child sex tourism. The PROTECT Act of 2003 prohibits United States citizens from participating in sexual acts with minors while traveling, and establishes extraterritorial jurisdiction. The case of Michael Lewis Clark, the first United States citizen convicted under this legislation, is highlighted. Child sex tourism poses unique issues to courts that will require ongoing clarification as challenges arise. This article discusses potential future challenges, describes strategies to address this problem, and relates this issue to psychiatry. Mental health providers may have the role of evaluating both the victims and perpetrators of child sex tourism. The authors propose a classification system for offenses and an initial list of topics to discuss with victims. The authors also describe the proper mechanism for reporting United States citizens suspected of participating in child sex tourism.     

Say cheese! Privacy and facial recognition

The popular social networking site, Facebook, recently launched a facial recognition tool to help users tag photographs they uploaded to Facebook. This generated significant controversy, arising as much as anything, from the company’s failure to adequately inform users of this new service and to explain how the technology works.The incident illustrates the sensitivity of facial recognition technology and the potential conflict with data privacy laws. However, facial recognition has been around for some time and is used by businesses and public organisations for a variety of purposes – primarily in relation to law enforcement, border control, photo editing and social networking. There are also indications that the technology could be used by commercial entities for marketing purposes in the future.This article considers the technology, its practical applications and the manner in which European data protection laws regulate its use. In particular, how much control should we have over our own image? What uses of this technology are, and are not, acceptable? Ultimately, does European data protection law provide an adequate framework for this technology? Is it a framework which protects the privacy of individuals without unduly constraining the development of innovative and beneficial applications and business models?     

ECFA对海峡两岸区域金融合作的法律支撑分析

随着《海峡两岸经济合作框架协议》(ECFA)的签署,其对海峡两岸区域金融合作的法律支撑效应尽显。从法律定位角度分析,ECFA不仅涵盖两岸货物贸易、服务贸易(含金融服务),还涉及投资内容,完全符合世界贸易组织(WTO)认可的"深度PTA"特征。从金融合作的实质内容来看,ECFA在金融方面的全面渗透,广泛合作的态势对金融监管提出了严峻的挑战,要求两岸在监管方面也必须配套广泛性和协同性。截止目前,ECFA框架尚未达成解决解决争端的救济模式,但考虑以政治性、法律程序性混合机制公允、灵活解决争端应成为题中应有之义。     

Combatting benefits fraud

Benefit schemes for occupational injury are susceptible to fraud from internal sources, claimants and professionals involved in claims. The pressure to reduce expenditure, together with the changes to the public sector generally, have affected how the fraud is dealt with. One such scheme in Australia, the Workcover Corporation of South Australia, provides a case-study from the practitioner perspective on the analysis of fraud and the cost-effective targetting of resources for its prevention, detection and prosecution.Ben Wait is a financial analyst with Workcover Corporation. The article was written during his time as a researcher with the Unit and is written in a personal capacity.