In Defense of the Responsibility to Protect: A Response to Weissman

This article defends the Responsibility to Protect (R2P) doctrine (adopted by the United Nations in 2005) against critiques by Fabrice Weissman in this journal, and against similar criticisms of humanitarian intervention and human rights norms made by postmodern thinkers in the Nietzschean tradition, such as Alain Badiou and Anne Orford. I argue against Weissman that R2P can be effective in stopping or preventing mass atrocities, and in particular that opposition to military intervention in Syria during the 2013 debates was a terrible mistake. Moreover, the moral ground for humanitarian aid efforts is the same as the basis for forceful rescue from mass slaughter, ethnic cleansing, and persecution (when other conditions of just war can be met). Weissman's critiques misinterpret just war theory on key points and rely on inflated rhetorical strategies inspired by extreme forms of cultural and moral relativism that are intellectually bankrupt—both in blaming “Western imperialism” for most crimes against humanity committed by tyrants, and in leaving hundreds of thousands without the only protection that could prevent their murder and exile. These extreme positions and the strained rhetorical devices used to defend them do not deserve the wide respect they command in some parts of academia.     

PTEN在冠心病心肌组织中的表达

目的观察冠状动脉粥样硬化性心脏病(冠心病)患者心肌组织中人第10号染色体缺失的磷酸酶与张力蛋白同源基因(phosphatase and tensin homology deleted on chromosome ten,PTEN)的表达,探讨PTEN的表达与冠心病发生发展的相关性。方法选取经病理学确诊为冠心病死亡案例16例作为冠心病组,非心肌病变死亡案例19例作为对照组,采用免疫组织化学以及实时荧光定量PCR法检测心肌组织中PTEN蛋白及其m RNA的表达。结果冠心病组PTEN蛋白的表达量低于对照组(P0.05);与对照组相比,冠心病组PTEN m RNA表达的差异无统计学意义(P0.05)。结论 PTEN可能与冠心病的发生发展有关。     

Identifying deviant sexual interest in a sex offender sample using dual-target rapid serial visual presentation task

To investigate the dual-target rapid serial visual presentation (dtRSVP) task as a measure of deviant sexual interest (i.e. a sexual interest in children), we administered a dtRSVP with gender- and age-specific pictorial stimuli to child sex offenders (n = 69), other sex offenders (n = 43), non-sex offenders (n = 14), and community controls (n = 88). We hypothesized that (1) stimuli belonging to the preferred gender and age group presented as targets (both T1 and the subsequent T2) in the serial sequence would be more accurately detected than non-preferred stimuli and that (2) this increased detection would reduce the detection of targets later in the serial sequence (T2) due to an attentional blink. Our findings supported hypothesis 1 and partly supported hypothesis 2. Although we found group differences, individual indices based on detection rates did not allow for individual-level diagnostic categorization of participants.     

“Supporting me through emotional times,all different kinds of behaviour.” Forensic mental health service users understanding of positive behavioural support

This service evaluation project explored service users’ experiences of positive behavioural support (PBS) within a medium secure mental health service. Interpretative phenomenological analysis (IPA) was used to analyse interviews with ten service users. Four main themes emerged from the data: My plan; How I understand PBS; How PBS has helped me, the benefits; and Making the plan work. Overall, service users viewed their experience of having a PBS plan positively. They reflected that the plans offered staff greater understanding of their behaviours and needs, enabling them to receive appropriate support. Service users valued the experience of being involved in the process, offering important insights into their experiences. They also expressed frustrations about staff not following the plan and not understanding why they had a plan whilst others did not. Limitations of the study, clinical implications and ideas for future research have been discussed.     

May Mediators Draft Settlement Agreements?

This article surveys the current law in various states as well as the Model Rules of Professional Conduct regarding whether a mediator‐lawyer may draft a settlement agreement at the conclusion of a mediation. It includes a look at the traditional boundaries between a lawyer and a mediator and concludes with a recommendation on how California should approach whether a mediator‐lawyer should be allowed to draft a settlement agreement for parties at the conclusion of a mediation.     

“法律不知有害”质疑

我国大多数学者认为对事实的不知无害,对法律的不知有害,因而实务中对法律错误一般不予以救济。但事实上,不管是在罗马法上,还是在当代的大陆法系和英美法系,大部分国家都会对部分法律错误予以救济。而在确定何种法律错误可予以救济时,应充分考量在特定情况下对表意人"知法推定"的合理性以及表意人与第三人之间的利益衡量。     

The Relationship Between Child Maltreatment,Intimate Partner Violence Exposure,and Academic Performance

This article presents a longitudinal examination of the association between children's experiences of child maltreatment (CM) and intimate partner violence (IPV), alone and in combination, with children's academic performance. Integrated, administrative data from the Minnesota Departments of Education and Human Services were used to obtain a sample of 2,914 children. Data provided an opportunity to study comparisons of single (CM or IPV) and combined experiences (CM-IPV), longitudinally observe the impact of these experiences on academic functioning, and make comparisons to the general population. Results revealed significant differences in school attendance and math and reading performance by adverse experience. Children exposed to CM and IPV, individually or in combination, underperformed at school. IPV-exposed children had the poorest outcomes. Findings highlight the need for dedicated screening for adverse childhood experiences, particularly IPV exposure, and devoting greater educational and social service resources as a means of promoting future school achievement and adult functioning.     

《刑法》罪名确定机制的演进与革新——由全国人大常委会确定《刑法》罪名的建议

目前,《刑法》或《刑法修正案》出台后由最高人民法院、最高人民检察院以司法解释形式确定新规定犯罪之称谓的传统罪名确定机制存在诸多弊端．如易背离立法本意、效率低下等。以与时俱进之理念革新现行《刑法》罪名确定机制势在必行,考虑我国刑事司法的实际状况,在经过与《刑法修正案》同步出台立法解释和在《刑法修正案》中直接规定罪名两个阶段的过渡后,最终将实现由最高立法机关在刑法典中直接规定罪名的理想目标。     

论刑事公诉案件中被害人的上诉权

当前的刑诉法典规定,公诉案件的被害人不享有上诉权,其不服地方各级人民法院第一审的判决,只能请求人民检察院抗诉。围绕着是否应赋予被害人以上诉权,目前理论界存在两种对立的观点：肯定说（赞成说）和否定说（反对说）。基于刑事诉讼惩罚犯罪与保障人权的目的,比较这两种观点及主要理由并综合考虑各种因素,在刑事诉讼法再修改时应赋予被害人有限的上诉权。     

科学发展观视野中的高校思想政治工作探析

高校思想政治工作是一项全面而系统的工程,肩负着“谁来培养人、培养什么样的人以及如何培养人”的重要使命。在新的历史形势下,高校思想政治工作面临新的情况和问题,必须用科学发展观的视野进行审视和思考。