Untimely Economies of Survival

This article takes the recent turn against hope in breast cancer activism as a point of entry into a broader examination of speculative economies of science that creatively imagine, materialize, and manage futures in the present. It argues that untimeliness – anticipatory, simultaneous, porous, and prognostic in its articulation – captures these alternate arrangements of life and action as they are mobilized in cancer research that hails healthy women as experimental subjects to participate in clinical studies.     

From customary to constitutional right: the right to petition in Scotland before the 1707 Act of Union

ABSTRACT

The confirmation of a constitutional, rather than customary, right to petition the monarch in Scotland and England in 1689 has been recognized as an important precedent for modern constitutions, but the underlying forces impelling this historical transition have been less well recognized. The assertion of a constitutional right to petition the Scottish crown appeared after of decades of conflict over increasingly bold forms of collective political petitioning to crown and parliament. These innovations involved ordinary people in organized political protest, stimulating Scotland’s monarchs to block what they considered seditious and tumultuous activity. Standing laws against lese-majesté and unauthorized meetings were deployed to restrict petitioning, despite claims by Scottish dissidents for a customary liberty and natural right to petition. Within the composite British monarchy formed in 1603, England experienced similar but not identical conflicts over participative petitioning, leading revolutionary assemblies in both realms to demand in 1689 a right to supplicate the crown without fear of prosecution. Though Scotland’s monarchs still sought to discourage and evade unwelcome petitions, this new right allowed assertive political petitioning to crown and parliament to re-emerge in Scotland, contributing to the prominence of petitioning in British political culture after the Union of 1707.     

吸毒人员的社区管控研究:现行吸毒人员管控模式之检讨

吸毒是一种社会病,吸毒人员是一种客观存在,如何管控吸毒人员,是当下各国政府和社会必须严肃对待的问题。总体而言,吸毒人员持续增多,戒断效果不佳,而当下的管控模式呈现"以高危人群为标签的管控逻辑前提、以控制防范为目标的动态管控机制、以公安机关为主导的多元管控主体、以行政强制为主要的毒瘾戒断措施"的特点,存在较为明显的缺陷。立足于吸毒人员是病人的身份定位以及吸毒人员回归社会之目标,应采取多种举措形成吸毒人员的社区管控模式。     

精神病患者流浪街头现象及相关问题分析

家庭遗弃、监护不力、立法缺失等多种因素共同造成精神病患者滞留街头现象的出现,并由此导致一些社会问题产生。消除该现象应以社区为中心,设立相应的救助安置、监管机构,同时还应加强精神卫生知识宣传力度,使人们对精神疾病有正确认识。     

浅析精神病住院患者的知情同意权

知情同意权作为医患关系中的主要问题之一,正受到越来越多人的关注。由于我国目前还没有统一的《精神卫生法》,关于精神病住院患者的知情同意权尚无明文规定,致使患者在治疗中的知情同意权时常受到医生的忽视。对该立法缺失现象及产生的原因加以阐述,对精神病患者享有知情同意权所具有的重要意义进行分析,提出关于对该方面进行立法完善的看法,以期对我国《精神卫生法》的制定有所启发。     

Informal payments for health care services – Corruption or gratitude? A study on public attitudes,perceptions and opinions in six Central and Eastern European countries

In this study we aim to compare the public perceptions towards informal patient payments in six Central and Eastern European countries (Bulgaria, Hungary, Lithuania, Poland, Romania and Ukraine). Overall, around 35–60% of the general public in each country has ever made informal payments, though informal cash payments are perceived negatively, mostly as corruption. In-kind gifts are often seen as a token of gratitude. However, significant differences among countries are observed. Despite the public support for the eradication of informal payments, there are population groups who favor their existence and this should be taken into account in policy-making.     

‘Exceptional’ Women,Healthcare Consumers and the Inevitability of Caring

In Rogers, the Court of Appeal held that the decision of Swindon N.H.S. Primary Care Trust to refuse to fund Herceptin for the treatment of Ann Rogers against breast cancer was irrational. The P.C.T. maintained that their decision was not resource driven but based on the fact that Herceptin was, at that time, not licensed by the European Medicines Agency (E.M.E.A.) for use in early stage breast cancer. Yet it was prepared to fund its use in ‹exceptional circumstances’ which could only be based upon the personal situation of the patient. In this note, I focus upon the ‹exceptionality’ argument in the context of the patient as consumer of healthcare and women as carers. I argue for a focus upon caring rather than consumerism in healthcare.     

论民事诉讼能力及其分级

民事诉讼中,当事人是诉讼主体之一,当法院怀疑当事人存在精神状态异常,考虑到他们是否具有主体资格时,可委托鉴定机构对当事人进行精神疾病司法鉴定,并评定其有无诉讼行为能力,以此来维护精神病人及各相关主体的合法权益。本文结合民事诉讼能力的研究现状,首先阐述其概念,分析民事行为能力与民事诉讼能力的区别,然后分析其分级方面存在的争议,最后阐述民事诉讼能力应当的等级划分。     

The Global Political Economy of Right-wing Populism: Deconstructing the Paradox

ABSTRACT

The rise of right-wing populism should be studied as a truly global phenomenon. Domestic and regional contexts are obviously crucial, yet a narrow focus on the domestic realm fails to capture some of the key constituents and paradoxical features of the rise and resilience of right-wing populist projects around the world. Therefore, right-wing populism and the way its contradictions are ‘managed’ ought to be understood within the context of mutual interactions between: 1) an economy-identity nexus and 2) a domestic-foreign policy nexus. A critical review of six controversial aspects of right-wing populism in the global North and global South is used to substantiate this main argument.     

浅论中医说明义务与中医处方保护

《侵权责任法》要求医务人员对患者负有说明义务。中医的说明义务与中医处方的保护间有着明显的权利冲突。此权利冲突会造成对患者权益的侵害、对中医行业的冲击。应当根据中医治疗的特殊性,制定相应的说明义务标准,并应同时完善中医药法律。