从独白到对话——迈向法律论证理论

法律论证理论摆脱了传统法律方法论所预设的单一法律决定主体的理论局面,而引入多元化的主体,由此使得法律论辩成为可能.法律论证理论视域中,德沃金独白式的赫拉克勒斯法官形象已经被"听众"和"解释的共同体"等复数主体的观念所取代.从独白到对话的理论演变,使法律方法从传统理论迈向法律论证理论.     

Rethinking Politics for a Green Economy: A Political Approach to Radical Reform

Because the process of achieving a green economy is bound to be political, it is important how politics is understood. This essay employs a three-dimensional model of politics (functional, constitutive, performative) in developing an approach to radical reform that accentuates political potentialities—understood in terms of debate, open exchanges of differing opinions. By exploring a central tension between the formal economy (associated with administrative and policy arenas in modern society) and the informal economy (associated with the enhancement of community), the argument concludes that achieving a green economy involves a key role not simply for the rational economic individual or the cooperative community member, but also for the citizen.     

通往"共同"语言之路——海德格尔与一个日本探访者的对话

在《存在与时间》中,海德格尔把语言比喻成“存在之家”,在《关于语言的对话》中,这一语言比喻变成了“道说”,在《语言的本质》中,他又把语言称为“口舌之花”。海德格尔对语言的这些不同比喻既显示了其语言观从本体论向宇宙论的转向,也与跨文化交流的可能性问题相关。     

From communication to co‐operation: Reconceptualizing social workers' engagement with children

Communicating and engaging with children is a foundational component of child care social work practice, but all too frequently, in the wake of serious incidents, it is the focus of criticism. Drawing on findings from a large‐scale ESRC‐funded research project conducted in the four U.K. nations, this paper explores, through a psychosocial analytic lens, how social workers anticipate, enact and reflect on their encounters with both children and their families. Close analysis of what social workers said about their practice alongside what they were observed to do in practice revealed perceptions, patterns and processes of communication that, first, minimize emotions and the complexity of the professional task and second, overly privilege verbal interaction. Drawing on Sennett's (2012) ideas this paper offers a reconceptualisation of this professional task, from a communicative to a co‐operative one. It affords and creates a space in which social workers can develop more attuned communicative practices that include rituals, gestures and the minimal use of force. The theoretical insights and evidence‐informed practice recommendations arising from this research have conceptual significance for the social work discipline and practical significance for the child care social work profession, across national and international contexts.     

A Strategic Approach to Aggression

Two issues raised by Underwood, Galen and Paquette (2001) are discussed in more detail. The distinction between indirect and relational forms of aggression is explored: although they coincide in many current studies, they involve potentially separate dimensions, so that social manipulation may occur face-to-face, and indirect aggression may not involve manipulating others. These forms of aggression are at the margins of the usual definitions of aggression, and may be better viewed as social strategies. The normative view of aggression inherent in the social information processing model is questioned from an evolutionary perspective, and in the light of research on bullying, which indicates that aggressive individuals may be socially skilled. This perspective coincides with the strategic approach arising from consideration of relational aggression.     

A Process Approach to the Utility for Gambling

This paper argues that any specific utility or disutility for gambling must be excluded from expected utility because such a theory is consequential while a pleasure or displeasure for gambling is a matter of process, not of consequences. A (dis)utility for gambling is modeled as a process utility which monotonically combines with expected utility restricted to consequences. This allows for a process (dis)utility for gambling to be revealed. As an illustration, the model shows how empirical observations in the Allais paradox can reveal a process disutility of gambling. A more general model of rational behavior combining processes and consequences is then proposed and discussed.     

A Systems Approach to Investigating Child Abuse Deaths

A new systemic approach to investigating child abuse deathsis proposed, drawing on the lessons learned in engineering.Investigations have traditionally taken the approach of concludingonce faults in professional practice are identified. Solutionstake the form of trying to control erratic practitioners: psychologicalpressure to achieve higher standards, increasing formalizationand guidelines to reduce the scope for individual fallibility,and stricter management surveillance. The inquiry into the deathof Victoria Climbie fits this model. However, thirty years ofsuch inquiries have not led to the expected improvement in professionalpractice. Indeed, the Climbie report describes several agenciesoperating at a very low level, and failing to implement themost basic elements of good practice. A similar history of failurein engineering has led to the development of a systems approach.Human error is taken as the starting point, not the conclusion,and the investigation tries to understand why the mistake wasmade, by studying interacting factors in the practitioners,the resources available and the organizational context. Theway this approach could be adopted in child protection workis outlined.     

A Systematic Approach to Instruction in Research Ethics

This article describes a systematic approach for developing instructional programs that emphasizes defining learning needs, planning the learning environment, and evaluating learning to ensure continuous course improvement. This review outlines the nature of these interrelated components of instructional development and draws attention to issues specific to instruction in research ethics. Guiding questions summarize key, practical considerations, and the discussion suggests future steps in the pursuit of effective instruction in research ethics. Overall, the variety of approaches to instruction and mixed findings regarding its effectiveness underscore the need to apply a systematic framework to instruction in research ethics.     

A Contractarian Approach to Pareto Efficiency in Teams: A Note

We show that if identical members first decide on the sharing technology (stage I) taking into account their subsequent effort supply (stage II) decisions, the resulting contractarian sharing technology (constitution) channels individual self-seeking towards team (Pareto) optimum. Voting with one's feet and open entry can ensure symmetry and majoritarian decision making in the real world teams. The model helps explain the differential performance of the Israeli Kibbutz and the Russian Kolkhoz.     

A Group Therapy Approach to the Treatment of Incest

The paper describes an empirically-based group therapy model for adult survivors of childhood incest. Process as well as outcome data based on a sample of 53 women are reported. The findings suggest that group intervention did help reduce depression and improve self-assessment. Follow-up data on levels of depression show that gains at termination were maintained at least six months post-intervention. Further monitoring, testing and fine-tuning of the model is still necessary.     

A Choice Experiment Approach to the Valuation of Mortality

This paper presents an integrated framework for evaluating the reduction of several types of mortality risk using a Choice Experiment (CE) approach, a type of stated preference technique. Using this approach, we can distinguish the marginal willingness to pay (MWTP) for the amount of risk reduction from the MWTP for the opportunity of risk reduction and therefore calculate the “Quantity-based” Value of a Statistical Life. The risks in our survey include mortality risks due to accident, cancer, and heart disease. The Quantity-based VSL is calculated to be 350 million JPY (in 2002 Japanese Yen, about 2.9 million US dollars). Furthermore, we analyzed the influence of subjective risk perception and population characteristics of the respondents on their MWTP. Estimated results suggest that it is unnecessary to adjust the VSL according to the differences in the type of risk if the VSL is calculated using an adequate approach. However, adjustments for the timing of risk reduction and population characteristics are found to be significant for the execution of benefit transfer.JEL Classification: I18, D81, J17     

A Cognitive Approach to Direct Practice with the Aging

The recent prominence of cognitive approaches in psychotherapy and more recently in social casework holds considerable promise for direct practice with olderpersons on both an individual and group basis. Several central concepts in cognitive theory are delineated and found to have particular advantages for the aging. First, they deal with conscious concerns and avoid the dangers of affective or regressive approaches in breaking down defenses. Second, they are heavily concerned with questions of meaning and self-concept, issues that are central to the last stage of life, as delineated by Erikson, and the task of achieving ego integrity over despair. Two case illustrations of the application of a cognitive approach in a group context are given.     

辩证地对待现代性--"西方马克思主义"给予我们的启示

以前人们较多地注意"西方马克思主义"对现代性的批判和否定方面,实际上它还有对现代性的肯定与"治疗"方面.只有把两者结合在一起,才能比较完整地把握"西方马克思主义"的现代性理论,而只要完整地把握这一理论就不难看出,"西方马克思主义"理论家对现代性的态度总的来说是一种辩证的态度.而正是这种对现代性的辩证的态度会给予正在追求现代性、从事社会主义现代化建设的中国人民莫大的启示.     

Challenges to Successful Community-based Integrated Approach to Dementia: A Qualitative Study

The aim of this study is to identify key challenges to successful community-based integrated team approach to the management of older adults with dementia. A nationwide community-based qualitative research strategy was applied. We purposively recruited 24 health-care providers and 13 family caregivers from selected 8 prefectures among 47 prefectures. Face to face interviews were conducted from May to September 2017. Qualitative content analysis was used to analyze the qualitative data. Ten themes regarding the challenges were emerged: Ignored wishes, Family caregivers’ full responsibilities, Encouragement, Practical and easy-to-understand information, Essential skills of dementia diagnosis and assessment, Gratitude by helping others, Difference between being kind and overly-kind, Legal barrier against information sharing, Coordination between volunteers and clients, and Conflict avoidance in multidisciplinary collaboration. The findings highlight the need to provide practical and easy-to-understand information for family caregivers, educate physicians in dementia diagnosis and assessment, share personal dementia care information among health-care providers, promote platforms which aim to match dementia care volunteers with older adults with dementia and their families in need of help, and raise awareness of advance care planning among both older individuals and health-care providers.     

A Narrative Approach to Group Work with Men Who Batter

A narrative approach to group work with men who batter is presented with case examples. The approach is based in feminist and constructionist theory and seeks to expose and undermine the effects of patriarchal discourse in the lives and relationships of group members. The approach emphasizes an understanding of gender discourse, taking responsibility for actions, and exploring new definitional possibilities for participants and their relationships. The techniques of radical listening, the principle of least contest, breaking the allure of male entitlement and its effects, and cocreating a new male way of being are discussed with case examples.     

A Comprehensive Approach to Working With Families of Alzheimer's Patients

Families who care for patients with Alzheimer's disease face severe psychosocial problems. This paper presents a comprehensive approach for social work practice with such families. The use of both clinical and social interventions is recommended to assist families in managing daily activities, alleviating stress, planning for long term care and coping with the emotional sequelae of the disease. Information-giving, teaching, and advocacy are stressed as a way of providing families with the tools they need to cope with the problems of caring for someone with a chronic, degenerative condition.     

A Right to Benefit from International Research: A New Approach to Capacity Building in Less-Developed Countries

This article proposes a means by which benefits provided in international research collaborations might be employed to strengthen health care, research, and other capacities in less-developed countries. The Declaration of Helsinki and CIOMS Guidelines define certain expectations of benefits, but these requirements are ambiguous, logistically problematic, and studies suggest they are inconsistently upheld. Drawing on the principle of respect for persons, a right to benefit from hosting externally-sponsored research is proposed. This right guarantees host communities benefits of a certain value, the nature and use of which is controlled by indigenous personnel. Suggestions are made as to how implementation of this right, using structured incentives, may systematically promote capacity building in host communities.     

Teaching Three Year-Olds to Pass False Belief Tests: A Conversational Approach

A training procedure was developed for teaching three year-old children to pass a standard false belief task. A series of 4 video sequences was developed, in each of which a child showed surprise following the unexpected transfer of an object. A group of 23 three year-olds who failed a standard false belief task took part in 8 discussions of the 4 video clips, over a period of two weeks, and were compared with a control group of 23 task-failers who had 8 story reading sessions over the same time period. The training involved (a) interactive recall of the initial events in each sequence, (b) factual questioning about the events and (c) an explanation of the thoughts and actions of the video protagonists. The emphasis was on positive elaboration of children's answers rather than on negative feedback as counter evidence. The training group performed significantly better at an immediate post-test, and at a follow-up test two weeks later, on a similar as well as a generalisation task. Task success was unrelated to vocabulary (BPVS) score, but was significantly related to success of responses during the training. The results indicate learning in the Training group of a discursive format for talking about events useful for describing false beliefs.     

The Mentoring FAN: A Promising Approach to Enhancing Attunement within the Mentoring System

ABSTRACT

Youth mentoring is a popular tool in positive youth development, with most programs utilizing a model through which youth and non-parental adults are “matched.” Using an adaptation of the Facilitating Attuned Interactions framework, this study sought to explore the effectiveness of the Mentoring FAN in enhancing interpersonal attunement among mentoring staff at two youth mentoring programs in the U.S. Upon completion of the Mentoring FAN training, quantitative (n = 28) and qualitative (n = 15) data were collected from program staff at both sites. Open-ended data from a subset of mentors (n = 27) was also gathered. Results revealed that mentoring staff experienced significant increases in empathy following the Mentoring FAN intervention. Participant interviews revealed increased attunement, increased listening ability, and increased collaboration in the supervisory relationship. Findings support the continued delivery and rigorous testing of Mentoring FAN training, with great promise for enhancing attunement across the mentoring system as a means of strengthening the relationships so critical to this intervention. The study also has important implications for the development of mentor support practices within mentoring organizations, as well as policies designed to meet the needs of youth served by mentoring programs in the U.S.