浅析民法上的“人格”

我国民法理论界对“人格”一词在不同的场合赋予不同的含义使用，如将人格等同于权利能力和主体资格；将人格等同于人格利益，将人格定义为人的一般法律地位等等。这种状况造成了法学界对人格定义的混乱。因此应将对“人格”在历史上发展脉络做详细考证，辨析“人格”的含义，以理清“人格”与民法其他相关概念如：权利能力，人格权等之间的关系。     

嫖宿幼女罪与强奸罪之法理分析

嫖宿幼女罪与强奸罪之奸淫幼女加重情节的争议由来已久，由于立法的滞后性以及因社会发展而导致的现实与法律之间冲突加剧，致使两罪之争议不得不再次成为争论之焦点。无论分歧如何解决，冲突如何避免，立法界、司法界与学术界均有着一个共同明确的目标，即最大限度的通过法律手段保护未成年幼女这一弱势群体的健康成长。文章通过两罪相关问题辨析，分析两罪之规定的法律、司法与社会困境，并提出相关建议。     

论德国宪法人格权——以一般行为自由为参照

宪法人格权与民法人格权构成德国人格权法的两大组成部分。德国宪法人格权以基本法2条1款为基础规范。基于对2条1款的不同解读,宪法人格权经历了人格核心或一般行为自由,一般人格权和一般行为自由,以及自由的平等权维度三个阶段的发展,并形成了无名基本权和有名基本权两大权利体系。     

解读国际刑法的“完整人格”——读《国际刑法通论》（增补版）

国际刑法规范的＂完整人格＂关涉国际刑法的＂完整人格＂。《国际刑法通论》一书对国际刑法及国际刑法规范＂完整人格＂的论证,主要是以调整对象为基点、以战争犯罪为例证、以＂个人不是国际法的主体＂为逻辑前提进行的,其论证系统、生动。但其基点是否准确,例证是否贴切,逻辑前提是否必然成立等问题还需进一步考证。     

An unjustified bad reputation? The Dark Triad and support for populism

While research concludes that populist leaders stand out for their “dark” personalities, studies on the psychological underpinnings of citizens’ populist attitudes are scant and inconclusive, with some agreement on the association between disagreeableness and populist attitudes. By bringing the Dark Triad personality traits of narcissism, psychopathy, and Machiavellianism into the picture, we aim to answer whether populist citizens -like populist leaders-score higher in this dark traits, and whether the addition of the Dark Triad helps to better understanding the populist personality. Using an online Spanish sample, our analyses find that using the Dark Triad does indeed add to our understanding of populist attitudes. In opposition to widespread intuitions about the character of populists, we find that psychopathy and Machiavellianism are negatively associated with support for populism, with only narcissism being positively related to the people-centric dimension of populist attitudes.     

An Exploratory Study of the Relationship Between Dispositional Aggression and Judgments About Batterers Among African American Adults: Does More of the Former Influence the Latter?

As one way of examining the role of personality in reactions to domestic violence, this study investigated the relationship between dispositional aggression and attitudes toward domestic violence in one sample of African American young adults. Dispositional aggression was assessed using the Aggression Questionnaire (AQ). The AQ purports to measure four distinctive components of the construct. The physical aggression component was expected to correlate the most positively with expressed beliefs about wife battering. Results revealed that individuals who reported high levels of physical aggression were more positive about wife beating and were less punitive in their judgments of batterers. In addition, analysis of scores on the AQ and the Inventory of Beliefs about Wife Beating (IBWB) also demonstrated important gender differences on both scales. Implications of these findings for victims of domestic violence and their sympathizers are discussed.

论大学生创造性人格及其培养

创造性人格的形成是环境刺激和人格动机、人格行为共同作用、反复强化的结果。现代大学要充分认识和发挥自身优势,以塑造大学生的创造性人格为切入点,营造创造性人才成长的环境,引导大学生产生创造性行为,加强创造型教师队伍建设,从而培养大批高素质的创造性人才。     

论人工智能法律主体的法哲学基础

当下人工智能主体学说面临诸多问题,需从法哲学视角予以审视。就人工智能本体而言,其行为具有自主性,不宜纯粹以客体相待;从他者期望视角观察,人工智能拥有道德责任能力,系道德主体。法律主体理论经历了由自然人有限人格到全面人格,再到自然人、法人综合人格的演化过程,呈现客观化趋势,不唯理性、意志等主观要素论,其为人工智能法律主体提供了栖居空间。在目的论意义上,人工智能能够推动积极向善,助力美好生活,实现显著的经济社会价值,作为法律主体具有合目的性。在当代,传统主体哲学转向,人的哲学危机引发新思考,尤其是人类中心主义的主体-客体范式发生变化,客体主体化的历史经验及当代实践显现一种哲学可能性,即主体不限于人,从而强化了人工智能法律主体的可能性。     

Disordered personalities at work

Current categorical classification systems of personality disorders (PDs) remain widely used amid growing evidence that argues against the conceptualisation of PDs as independent, discrete entities. Adopting the dimensional perspective of Morey et al. (Journal of Personality Assessment, 49, 245–251, 1985), this study compared PD traits across forensic, psychiatric and “normal” senior business manager samples. There was particular interest in the relative representations of elements of PD closely associated with psychopathic PD because of research suggesting that some “psychopaths” operate within mainstream society, and links that have been made between elements of these so-called “successful” psychopaths, and characteristics associated with success in senior business management roles. The dimensional Minnesota Multiphasic Personality Inventory Scales for DSM III Personality Disorders (MMPI-PD) were shown to be internally consistent for the “normal” sample. Evidence for the qualitative equivalence of the four PD profiles emerged. The PD profile of the senior business manager sample was found to contain significant elements of PD, particularly those that have been referred to as the “emotional components” of psychopathic PD. The findings provide strong support for the continuous distribution of personality disordered traits.     

Distinguishing the viewers,downloaders, and exchangers of Internet child pornography by individual differences: Preliminary findings

The current study assessed the relationship between personality and cognitive differences and the respondents' level of engagement in child pornography (searching for/viewing, downloading, or exchanging). 273 respondents completed the anonymous online survey; 257 respondents (94%) were classified as non-child pornography consumers, and 16 respondents (6%) were classified as Internet child pornography consumers. When only considering the child pornography users, 63% (n = 10) were categorized as searchers/viewers, 18.5% (n = 3) were categorized as downloaders, and 18.5% (n = 3) were categorized as exchangers. When discriminating between child pornography consumers, those individuals who only searched for and viewed child pornography were less extraverted than those individuals who reported exchanging Internet child pornography. Higher scores on extraversion may reflect the offender's ability to socially network on the Internet in order to gain access to child pornography (i.e., exchanging/sharing). Significant correlations also suggested a relationship between child pornography behaviors, conscientiousness, and excitement-seeking. Future research suggestions and limitations are discussed.