"立法正确"的神话之破解

"立法正确"的神话诞生于近代西方工业化的扩展和民族国家的形成,以"新国家学说"所主张的形式与内容相分离为理论基础。首先,它主张立法形式的正确性,要么将立法内容交由权力决定,使"恶法亦法"成为题中应有之义;要么认为内容出自形式,这纵然令人向往,但终究是个"神"的问题。其次,它假定立法内容的正确性,立法者不颁布"卑鄙的"法律,德国民族社会主义的立法实践,使这一假定成为彻底破灭的神话。"立法正确"的基本神话,可推出另外两个神话:⑴禁止法官造法和准确把握立法原意;⑵启蒙百姓懂法。同样,这两个神话也是永远不能实现的。文章还探讨了"立法正确"的神话破灭后之可能出路:一是人民的反抗权难题;二是法官如何以理释法。     

“You’re a ‘high-risk’ customer”: A qualitative study of women’s experiences of receiving information from health professionals regarding health problems or complications in pregnancy

BackgroundExperiencing complications in pregnancy is stressful for women and can impact on fetal and maternal outcomes. Supportive encounters with health professionals can reduce the worry women experience. Further research is needed to understand women’s perspectives on communicating with their healthcare providers about their concerns.AimThis study explored women’s experiences of receiving information about pregnancy complications from healthcare providers and their interactions with multiple professionals and services during pregnancy.MethodsThis was a qualitative interpretive study. Semi-structured interviews were conducted with 20 women experiencing pregnancy complications recruited from antenatal services at two hospitals in Sydney. Inductive thematic analysis was used to analyse the data.FindingsWomen had a range of reactions to their diagnoses, including concern for their baby, for themselves and for their labour. Most women reported that communication with healthcare providers was distressing, they were not listened to and staff used insensitive, abrupt language. Women were also distressed by delays in education, receiving contradictory information and having to repeatedly share their stories with different health professionals. In some cases, this damaged the therapeutic relationship and reduced trust towards healthcare providers. Midwives were generally preferred over doctors because they had a more woman-centred approach.ConclusionTo improve women’s experiences of care for pregnancy complications, it is critical to improve the communication skills of maternity service providers. Women’s need for information, resources and support can best be provided by continuity of care with a named health professional, for example, a midwife working within an integrated multidisciplinary antenatal service model.     

论心理生理学在体育运动中的运用

随着竞技运动的日益复杂,运动水平的不断提高,心理生理学在体育运动中的作用日趋重要.本文通过对心理生理学在体育运动中的运用的阐述,说明了心理生理学在体育运动中运用的广泛性与重要性,同时为心理生理学这门新兴的边缘学科添一块砖.     

劳动合同法定解除权与“辞职理由”之关系探讨——莫让辞职理由成为劳动者经济补偿之绊脚石

辞职,是劳动者撤销自己的缔约行为的行为,是单方免除自己为用人单位提供劳动义务的行为。无论有无理由,理由为何,均不影响其辞职行为的效力。而用人单位之所以要承担经济补偿,是因其不履行义务而产生了法定违约责任,与劳动者的辞职理由毫不相干。法定解除权与无因解除权的根本区别,不在于辞职书上是否写有法定事由,而在于用人单位是否发生了第三十八条规定的法定情形。《江苏省高级人民法院、江苏省劳动争议仲裁委员会关于审理劳动争议案件的指导意见》第15条第2款值得商榷;而《劳动合同法》第三十八条第一款与第四十六条第一款在表述上也有待完善。     

Sustainable Caregiving? Demands Upon and Resources of Female Carers of Adults with Intellectual Disability

Female carers of adults with an intellectual disability are increasing in our communities as those with intellectual disability live into middle and old age. Twenty-seven carers between the ages of 45 and 85 years responded to questionnaires about demands, resources, and their health. Almost all were in the clinical range on the measure of psychological functioning. Demands contributed significantly to poorer functioning; however, other measures did not. The women in this study appeared to underreport the level of difficulties they experienced. The caregiving role undertaken by these women does not appear to be sustainable under their current circumstances.     

Multiple stories: Collaborative and generative possibilities for psychological evaluation

This paper explores a collaborative generative approach to psychological assessment employed in Puerto Rico, with children, adolescents, and adults. It begins with a critical reflection on how the dominant discourse of mental health, founded in the suppositions and practices of Euro-American-centred psychological knowledge, has been disseminated to the globalise south under the claim that its assertions are unaffected by social, ideological, or historical forces. It discusses how its claims of expert scientific knowledge have contributed, through classificatory instruments such as the DSM and the ICD, to the production and re-production of deficit narratives in our day-to-day life. It also examines how these practices have been applied in the use of assessment instruments in Puerto Rico. It then describes, how, through a collaborative approach and narrative theory, the established colonising practices and narratives of traditional forms of psychological assessment can be questioned, deconstructed, and transformed. This approach promotes the co-creation of dialogic and generative spaces that allow for the emergence of multiple stories and performances that give meaning to a person's identity and relational being. A brief clinical case exposition is used to illustrate how this collaborative, dialogic, and culturally sensitive approach to psychological assessment can help to undermine and disrupt deficit-based narratives and provide families with new generative possibilities for re-storying and re-performing their lives and particularly, the lives of their children.     

Strategies for fostering basic psychological needs support in high quality youth leadership programs

Youth leadership programming has become an increasingly common context to foster basic psychological needs and promote youth development. The purpose of this qualitative study was to explore strategies involved in fostering youth needs support within six leadership programs. Two leaders and 30 youth participated in semi-structured interviews to better understand the strategies used to foster needs support. Findings revealed that leaders were able to foster a sense of relatedness among youth through building trusting adult-youth relationships and nurturing an inclusive environment. Maximizing choice and negotiating youth voice helped to foster youth’s autonomy. Finally, creating a task-oriented climate and providing intentional opportunities for skill-building helped to foster youth’s competence. Findings suggest that training for leaders is critical in understanding what, and how strategies should be employed to help foster youth needs support in leadership programming. Limitations and future directions are outlined.     

The Effects of the Facial Expression of Beneficiaries in Charity Appeals and Psychological Involvement on Donation Intentions

To increase the effectiveness of fundraising campaigns, many human‐need charities include pictures of beneficiaries in their ads. However, it is unclear when and why the facial expression of these beneficiaries (sad versus happy) may influence the effectiveness of charity ads. To answer these questions, an experiment was conducted to investigate the effect of the facial expression on donation intentions, while considering the moderating role of psychological involvement with charities. It found that psychological involvement with charities moderated the impact of the facial expression on donation intentions in that seeing a picture of a sad versus happy person increased intentions to give among participants with lower levels of psychological involvement, whereas the reverse was true for highly involved participants. The moderating effect of psychological involvement was fully explained by the perceived efficacy of one's donation. The findings not only contribute to our understanding of the effect of the facial expression of people pictured in charity appeals on donation behavior, but also suggest that nonprofits should tailor their ads to target potential donors with various levels of psychological involvement with charities.     

略论小学低年级教学中的心理暗示

健康的心理和健全的人格 ,是实施素质教育的重要方面。小学低年级学生的心智尚未成熟 ,教师在课堂上适时采取体态、团体参照、创设情境以及角色融入等暗示方式 ,是培养儿童健康心理和健全人格的有效手段     

Sexual Beliefs and Sexual Functioning: The Mediating Role of Cognitive Distraction

Dysfunctional sexual beliefs are vulnerability factors for sexual dysfunction. This cross-sectional study aimed to test the mediating role of cognitive distraction on the relationship between dysfunctional sexual beliefs about sexual functioning shared by men and women and sexual function. The authors used a sample of 421 cisgender heterosexual participants involved in a monogamous relationship. The hypothesized mediation model was tested using a bootstrapped cross product of coefficients approach. Results showed a significant negative, indirect effect between dysfunctional sexual beliefs and women's sexual function through cognitive distraction. The discussion of this study highlights the importance of cognitive factors in sexual functioning.