事实性与有效性:现代法律的重建及其方法--哈贝马斯的法学方法论初探

重建现代法律的合法性基础,是哈贝马斯法律理论的基本目标.为此,他首先用交往理性取代传统的实践理性,然后通过普遍语用学将其交往行动理论、商谈论与法律理论联结起来.事实性与有效性的区分构成了哈贝马斯法律理论的基本分析方法.他基于法律中事实性与有效性之间的紧张关系,提出现代法律的合法性问题,主张引入商谈论来调和这种紧张关系,从而形成了其独特的法律有效性理论.     

Explaining inconsistencies between patients and collaterals: validity in outcome studies of coercive alcoholism treatment

This study aims to assess the consistency of replies to questionnaires mailed to patients and two kinds of collaterals, i.e., social workers and significant others, at a public treatment center with socially unstable and compulsory committed patients. It compares the quantity and kind of discrepancies between replies by patients and collaterals on outcome data concerning social situation and drinking habits. It aims to measure the amount of systematic bias among factors that may explain inconsistencies between reports, especially the factors compulsory commitment, worse outcome, frequency of contact and type of collateral. The responders generally agreed. Variables in which there was less agreement were explored in logistic regressions using ten explanatory variables. Significant relations did not exceed those expected by chance. Discrepancies were not systematic in size and kind. On a six-rank ordinal scale of alcohol use or abuse, however, patients tended to underestimate the extent of their abuse. Inconsistencies here concerned the degree but not the presence of abuse. No difference in consistency due to type of collateral was found. In conclusion, the consistency of the questionnaires was high and independent of the social situation of the patient, of compulsory commitment and of other background or treatment factors, as well as of treatment outcome and type of collateral.     

凯尔森论法的效力与实效

法的效力是法的生命之所在,也是各法学流派之间分歧的主战场。凯尔森开创的纯粹法学对于法的效力与实效的区分,秉承了其新康德主义代表的特色,延续着实证主义对于应然与实然的两分,将法的效力与实效放在不同层面来进行比较研究。对于法效力基础的追问最能体现凯尔森的新康德主义特征,"先天范畴"在康德哲学里体现为一系列的知性纯粹概念,这些范畴构成一个从低到高、层次井然的严密系统,即"先验逻辑"系统。凯尔森借鉴了康德哲学的这一构想,将"基础规范"引入其法效力体系。     

Investigating the Structural Validity of Ryff’s Psychological Well-Being Scales Across Two Samples

Ryff’s (1989b) Psychological Well-Being (PWB) scales measure six related constructs of human functioning. The present paper examined the validity of Ryff’s 6-factor PWB model, using data from a life events study (N = 401) and an organisational climate study (N = 679). Previous validation studies, using Confirmatory Factor Analysis (CFA), have identified alternative PWB models, but limitations include the use of shorter scale versions with items relating to a number of life domains within the same PWB factor, and failure to examine the influence of participants’ socio-demographic characteristics on PWB. In this study, Exploratory Factor Analysis (EFA) mostly found consistency in the PWB items and structure between the two studies whereby a 3-factor model delineated between items relating to Autonomy, Positive Relations and a super-ordinate factor comprising the other PWB factors. Using CFA, Goodness of Fit indices reached acceptable levels for the adjusted PWB model identified by the EFA, whilst differences between adjusted models of PWB previously identified in the literature were hardly evident. Post-hoc analysis by gender demonstrated socio-demographic effects on the structure and items that comprise PWB. Further development of PWB measures is needed to reflect its hierarchical and multi-dimensional nature. In the scales’ current form, the construct validation of the PWB factors will continue to be problematic and will fail to adequately evaluate the nature and impact of PWB.     

‘Nothing happened’: Legal implications of false denials among abused children

People lie on a frequent basis. However, when a victim of maltreatment lies by denying the abuse, lies can become forensically relevant. We have reviewed the relevant literature on the prevalence and memory consequences of such false denials. The way forensic interviewers proceed in the face of denying children will be shaped by their beliefs about the frequency with which truly abused children deny abuse. We discuss that estimates of the prevalence of false denials among abused children vary but that such false denials do happen. When falsely denying children eventually come forward with their experiences, a second issue lingers: how valid are maltreated children's statements after a false denial? We review the literature indicating that false denials can negatively affect memory for the investigative interview during which the lie was told. Yet, memory for the denied experience itself seems to be mostly preserved, and some research even found potential protective effects of false denials. We conclude that denials should always be handled with care in the court room, since the ground truth usually is not known, but that statements should not be dismissed based solely on previous denials.     

论行政调解协议的效力——以构建统一调解制度为视角

法治的局限性、民事纠纷的复杂多样性、行政职能的广泛性等决定了行政调解在解决民事纠纷方面的重要作用,但我国现行法规范关于行政调解协议效力的规定却不明确,影响了行政调解制度功能的发挥。从立法政策学的视角来看,行政调解效力制度的完善应以构建统一调解制度为基本出发点,区分不同类型的行政调解,并赋之以不同的法律效力。属于自治型行政调解的,其调解协议具有民事合同的效力;属于裁断型行政调解的,由行政调解机关制作的行政调解书一经当事人签收,即具有执行力。     

Insider research,validity issues,and the OHS professional: one person’s journey

Validity in the context of qualitative research may take on many different definitions depending on the philosophical perspective. When a researcher conducts research within their place of employment, this will also influence the approach and interpretation. Insider research has been under scrutiny for the very fact that the insider is an actor within the setting. This paper explores my journey, conducting insider research and working as an occupational health and safety practitioner, by presenting an example of the methods used, including reflectivity and reflexivity, to address validity issues which may arise prior, during and post data collection.     

Demand for gambling: development and assessment of a gambling purchase task

Self-report purchase tasks are a novel approach examining the reinforcing value of addictive behaviour relative to increasing monetary costs required to access the addictive behaviour (i.e. demand). These measures reveal a positive relationship between the indices of demand and addiction problem severity and can elucidate factors associated with motivation for substance use. Gambling is an addictive behaviour that has not been examined using this paradigm. This study seeks to adapt and examine the purchase task for gambling behaviour. A gambling purchase task was devised that asked individuals how often per month they would gamble at various cover charges. Participants were 73 adults from the community with either gambling disorder (n = 28) or alcohol use disorder (n = 24) or were a healthy control (n = 21). Both the alcohol and gambling purchase tasks were administered. Results demonstrate discriminant validity of the gambling purchase task, as individuals with gambling disorder have significantly greater demand for accessing gambling than other groups. The alcohol purchase task also evidenced discriminant validity in that individuals with alcohol use disorder have significantly greater demand for alcohol than other groups. These findings support the use of the gambling purchase task to assess the demand for gambling.     

关系保持策略量表在中国人群中的初步试用

为了满足亲密关系的研究和婚姻家庭心理咨询的实际需要,对国外该领域中广泛采用的“关系保持策略量表”（RMSM）进行了翻译和修订,并使用一个包含246名被试的样本对该量表的信效度进行了检验。统计分析表明,修订后的中文版RMSM具有较高的信度和效度,符合心理测量学的基本要求。使用中文版RMSM,以818名已婚人士为研究对象,对中国人的关系保持策略特点进行了调查。结果表明：性别、文化程度、家庭收入、年龄、结婚年限、子女等因素都会影响中国人婚姻关系保持策略。