International Journal of Law and Psychiatry最新文献_第7页

A repertoire and critical review of international resources relevant to medical assistance in dying where a mental disorder is the sole underlying medical condition 对与精神失常是唯一潜在医疗状况的死亡医疗援助有关的国际资源的汇编和批判性审查

IF 1.4 4区医学 Q1 LAW

International Journal of Law and Psychiatry

Pub Date : 2025-09-01 Epub Date: 2025-06-23 DOI: 10.1016/j.ijlp.2025.102114

Caroline Favron-Godbout , Izadora Foster , Eric Racine

Background

The possibility of asking for help in ending one's life is at the heart of some of the most enduring debates in medicine and bioethics. As a growing number of countries open to the practice, many concerns are emerging internationally about medical assistance in dying where a mental disorder is the sole underlying medical condition (MAiD-MD). It is paramount to understand what academic literature and resources are available to support different stakeholders in the context of MAiD-MD.

Objectives

This review aims to specifically identify various resources related to MAiD-MD and to initiate a process of compiling international resources to raise awareness about certain resources and support stakeholders to develop new resources.

Methods

This review of resources adopted a methodology inspired by the work of Arksey and O'Malley (2005) and Levac et al. (2010)’s scoping studies, as well as more structured forms of thematic literature reviews for content extraction.

Results

165 resources related directly or indirectly to MAiD-MD were identified and grouped according to the following six categories: 1) Laws, judgments, decisions, and reports from the operationalization of laws; 2) Ethical and clinical guidelines, protocols, practice guides, and information for healthcare professionals; 3) Resource directories; 4) Resources for sharing experiences, discussions, support or training; 5) Written resources for MAiD applicants, their relatives or the population; 6) Resources to support reflections and guide the development of practices. Twenty main relevant themes were identified through the thematic analysis. These themes are addressed and explored in varying degrees of depth throughout different resources.

Discussion

A diversity of relevant resources is developed internationally, but these are sometimes dispersed, little known, or inaccessible to the public. Numerous resources are developed to inform the various stakeholders and train healthcare professionals, but there seems to be a need to develop advanced support resources to help the various stakeholders in the context of MAiD-MD.

寻求帮助结束生命的可能性是医学和生物伦理学中一些最持久的争论的核心。随着越来越多的国家对这种做法开放，国际上出现了许多关于以精神障碍为唯一潜在医疗状况的死亡医疗援助的担忧（MAiD-MD）。了解哪些学术文献和资源可用于支持mad - md背景下的不同利益相关者是至关重要的。本综述旨在明确确定与mad - md相关的各种资源，并启动汇编国际资源的过程，以提高对某些资源的认识，并支持利益相关者开发新资源。方法本次资源综述采用的方法受到Arksey和O' malley（2005）以及Levac等人（2010）的范围界定研究的启发，以及内容提取的更结构化的主题文献综述形式。结果将165个直接或间接与mad - md相关的资源按以下6类进行分类：1)法律、判决、决定和法律实施报告；2)卫生保健专业人员的伦理和临床指南、协议、实践指南和信息；3)资源目录；4)分享经验、讨论、支持或培训的资源；5)为MAiD申请人、其亲属或人口提供的书面资源；6)支持反思和指导实践发展的资源。通过专题分析确定了20个主要的相关主题。这些主题在不同的资源中以不同程度的深度进行处理和探索。国际上开发了多种相关资源，但这些资源有时分散、鲜为人知或公众无法获得。已经开发了许多资源来通知各种利益相关者并培训医疗保健专业人员，但似乎需要开发先进的支持资源来帮助MAiD-MD背景下的各种利益相关者。

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引用次数: 0

Exploring structural stigma towards mental disorders: An analysis of trial verdicts 探索对精神障碍的结构性耻辱：对审判判决的分析

IF 1.4 4区医学 Q1 LAW

International Journal of Law and Psychiatry

Pub Date : 2025-07-01 Epub Date: 2025-04-27 DOI: 10.1016/j.ijlp.2025.102103

Lei Gu , Hongwei Ding

Mental health issues, particularly depression, often carry a stigma that can infiltrate various societal institutions, including the legal system. This study investigates the structural stigma associated with depression within the context of second-instance criminal trials in China, examining trial verdicts from 2009 to 2023. Through a detailed analysis of 171 cases using Semantic Network Analysis, Critical Discourse Analysis, and logistic regression, this research elucidates the complex ways in which depression is considered in judicial decisions. The findings identify three thematic responses—Neutral Evaluation, Sympathetic Consideration, and Rigorous Standards—that encapsulate diverse judicial attitudes towards the impact of depression on criminal responsibility. Critical Discourse Analysis further reveals three prevailing legal discourses—Stringent Criteria, Inconsistent Approaches, and Individual Negligence—that significantly influence the treatment of defendants with depression. The results also show a declining trend in recognizing depression as a mitigating factor, jointly influenced by crime type, defendant gender, and defendant’s education level, suggesting a shift towards more stringent judicial interpretations over time. These findings underscore the critical need for judicial reforms aimed at reducing stigma and promoting a more equitable treatment of mental health issues in the legal system.

精神健康问题，特别是抑郁症，往往带有污名，可以渗透到各种社会机构，包括法律制度。本研究调查了中国二审刑事审判背景下与抑郁症相关的结构性耻辱感，考察了2009年至2023年的审判判决。通过使用语义网络分析、批评话语分析和逻辑回归对171个案例进行详细分析，本研究阐明了在司法判决中考虑抑郁症的复杂方式。调查结果确定了三个主题回应-中立评估，同情考虑和严格标准-概括了对抑郁症对刑事责任影响的不同司法态度。批判性话语分析进一步揭示了三种流行的法律话语-严格的标准，不一致的方法和个人疏忽-显着影响抑郁症被告的治疗。结果还显示，在犯罪类型、被告性别和被告教育水平的共同影响下，将抑郁视为减轻因素的趋势有所下降，这表明随着时间的推移，司法解释将朝着更严格的方向转变。这些调查结果强调，迫切需要进行司法改革，以减少耻辱，并促进在法律制度中更公平地对待精神卫生问题。

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引用次数: 0

An International Comparison of Psychiatric Advance Directive Policy: Across eleven jurisdictions and alongside advance directive policy 精神病学预先指示政策的国际比较：跨越11个司法管辖区和预先指示政策

IF 1.4 4区医学 Q1 LAW

International Journal of Law and Psychiatry

Pub Date : 2025-07-01 Epub Date: 2025-05-19 DOI: 10.1016/j.ijlp.2025.102098

Sophie Gloeckler , Matthé Scholten , Penelope Weller , Alexander Ruck Keene , Soumitra Pathare , Ramya Pillutla , Leticia Andorno , Nikola Biller-Andorno

The present work provides a comparative policy review of psychiatric advance directives, considering 1) variation across eleven international jurisdictions and 2) differentiation from other advance directive policy. The aim is to support well-founded legal and clinical practice when it comes to psychiatric advance directives by 1) clarifying the range of present approaches and 2) highlighting differential treatment of those with mental health conditions. Applicable statutes in England and Wales; Germany; India; the Netherlands; New South Wales (Australia), Northern Ireland, Virginia (USA); Washington (USA); Switzerland; Scotland; and Victoria (Australia) were reviewed by a team with expertise in law, clinical practice, and ethics. Policy variations were identified related to requirements for validity, activation, amendment, revocation, and override of preferences expressed. Psychiatric advance directives tend to be more strictly regulated and have less legal force than medical advance directives, with more restrictive guidelines and more conditions allowing advance preferences to be overridden. Psychiatric advance directives also tend to be less uniform across jurisdictions, sometimes reflecting varied functions of the directive and sometimes suggesting varied framing of the appropriateness of coercion in psychiatric care. More work is needed to evaluate the validity of distinct psychiatric advance directive policy. Stricter regulation and weaker legal force can serve as barriers to use, and coercion carries associated harms; psychiatric advance directive policy, especially choices that differ from other advance directive policy, should be well-justified.

本工作提供了一个比较政策审查的精神病学预先指示，考虑1)在11个国际司法管辖区的差异和2)从其他预先指示政策的区别。其目的是支持有充分根据的法律和临床实践，当涉及到精神病学预先指示时，1)澄清现有方法的范围，2)强调对精神健康状况患者的不同治疗。英格兰和威尔士的适用法规；德国;印度;荷兰;新南威尔士（澳大利亚）、北爱尔兰、弗吉尼亚（美国）；华盛顿(美国);瑞士;苏格兰;和维多利亚（澳大利亚）由一个具有法律、临床实践和伦理专业知识的小组进行审查。政策变化被确定为与有效性、激活、修改、撤销和覆盖所表达的偏好相关的需求。精神科预先指示往往受到更严格的监管，比医疗预先指示的法律效力更小，有更多的限制性指导方针和更多的条件允许预先偏好被推翻。精神病学预先指示在各个司法管辖区也往往不太统一，有时反映了指示的不同功能，有时暗示了精神病学护理中强迫的适当性的不同框架。需要更多的工作来评估不同的精神病学预先指示政策的有效性。更严格的监管和较弱的法律力量可能成为使用的障碍，而胁迫会带来相关的危害；精神科预先指示政策，特别是与其他预先指示政策不同的选择，应该有充分的理由。

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引用次数: 0

Artificial Intelligence (AI) and academic publishing in psychiatry 人工智能（AI）与精神病学学术出版

IF 1.4 4区医学 Q1 LAW

International Journal of Law and Psychiatry

Pub Date : 2025-07-01 Epub Date: 2025-05-03 DOI: 10.1016/j.ijlp.2025.102105

Brendan D. Kelly

The current and potential impact of various applications of artificial intelligence (AI) to the field of academic publishing in psychiatry is the subject of increasing attention. At present, AI algorithms assist in data analysis, allowing researchers to process large datasets quickly and uncover complex patterns that would be challenging to detect manually. In psychiatry, this capability can potentially help integrate data from genetics, neuroimaging, and clinical assessments. AI-driven natural language processing (NLP) tools might also facilitate systematic reviews and meta-analyses by automating the extraction and synthesis of information from vast bodies of published literature. In publishing, AI can potentially help to streamline the publication process in certain ways. Automated systems might screen manuscripts for methodological rigor, ethical compliance, and potential conflicts of interest, thereby reducing the burden on editors by prompting them to consider certain matters, and possibly accelerating the publication timeline. AI-powered tools are already used to help with dissemination of research findings by generating summaries and identifying key insights, making information more accessible to a broader audience. In the future, AI has the potential to enhance psychiatric publishing in various other ways. Predictive analytics might identify emerging trends and research gaps in the literature, guiding future studies and funding priorities, although this remains speculative for now. AI could also facilitate more robust collaborations by connecting researchers with complementary expertise and interests. Additionally, the integration of AI in digital platforms could democratise access to cutting-edge research, promote global knowledge sharing, and accelerate advancements in clinical care. As AI continues to evolve, its applications in research and publishing hold the potential to drive significant progress in understanding and treating mental disorders. It is essential that these developments are accompanied by openness about the use of AI in publishing, with clear declarations by authors and publishers about the use of specific applications in published work.

人工智能（AI）的各种应用对精神病学学术出版领域的当前和潜在影响日益受到关注。目前，人工智能算法有助于数据分析，使研究人员能够快速处理大型数据集，并发现人工检测具有挑战性的复杂模式。在精神病学中，这种能力可能有助于整合来自遗传学、神经影像学和临床评估的数据。人工智能驱动的自然语言处理（NLP）工具也可能通过自动从大量已发表的文献中提取和合成信息，促进系统的回顾和荟萃分析。在出版业，人工智能可以在某些方面帮助简化出版过程。自动化系统可能会筛选手稿的方法严谨性、道德符合性和潜在的利益冲突，从而通过促使编辑考虑某些问题来减轻他们的负担，并可能加快出版时间。人工智能驱动的工具已经被用于帮助传播研究成果，通过生成摘要和识别关键见解，使信息更容易被更广泛的受众获取。在未来，人工智能有可能以各种其他方式加强精神病学出版。预测分析可以识别文献中的新兴趋势和研究差距，指导未来的研究和资助优先事项，尽管这目前仍然是推测性的。人工智能还可以通过将具有互补专业知识和兴趣的研究人员联系起来，促进更强有力的合作。此外，人工智能与数字平台的整合可以使前沿研究的获取民主化，促进全球知识共享，并加速临床护理的进步。随着人工智能的不断发展，其在研究和出版中的应用有可能推动在理解和治疗精神障碍方面取得重大进展。至关重要的是，这些发展伴随着在出版中使用人工智能的开放性，作者和出版商明确声明在出版作品中使用特定应用程序。

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引用次数: 0

Insanity defense for all? The Arab minority in Israel's psychiatric and legal systems 为所有人的精神错乱辩护？以色列精神病学和法律体系中的阿拉伯少数民族

IF 1.4 4区医学 Q1 LAW

International Journal of Law and Psychiatry

Pub Date : 2025-07-01 Epub Date: 2025-05-14 DOI: 10.1016/j.ijlp.2025.102107

Anat Yaron Antar

Objectives

Minorities are often discriminated against by law enforcement. This finding also applies also to the Arab minority in Israel; however, despite extensive research on this topic, only a few studies have examined this bias with regard to psychiatric opinions and judicial decisions on criminal responsibility and the ability to stand trial. This study addresses this bias in its analysis of such opinions and rulings among homicide defendants referred to psychiatric evaluation.

Design

The participants were all the 137 homicide defendants (95 Jews and 42 Arabs) hospitalized in Israeli maximum-security units for psychiatric evaluation or treatment between 1997 and 2021.

Results

A significant relationship was found between the defendant's ethnicity and the evaluation and ruling: half of the defendants deemed fit to stand trial were Jews, while most of those deemed unfit were Jews at a disproportionate rate. In most cases, the court ruling was consistent with the psychiatric opinions, over 98 % of which were provided by Jewish psychiatrists. The low number of Arab psychiatrists prevented examination of the effect of interaction between their ethnicity and the defendants' ethnicity on their opinions.

Conclusion

Three potential explanations for these results are discussed: a true gap between the populations, a lack of cultural competence, and intergroup bias. The implications include the recommendation to train more Arab psychiatrists and enhance the cultural competence of law enforcement officials.

少数民族经常受到执法部门的歧视。这一发现也适用于以色列的阿拉伯少数民族；然而，尽管对这一主题进行了广泛的研究，但只有少数研究调查了精神病学意见和刑事责任和受审能力的司法决定方面的这种偏见。本研究解决了这种偏见，在其分析这些意见和裁决的杀人案被告提到的精神病学评估。参与者是1997年至2021年期间在以色列最高安全单位住院接受精神评估或治疗的所有137名杀人案被告（95名犹太人和42名阿拉伯人）。结果被告人的种族与审判结果有显著的关系：半数被认为适合出庭的被告人是犹太人，而被认为不适合出庭的被告人中犹太人的比例高得不成比例。在大多数情况下，法院的裁决与精神病学的意见是一致的，其中98%以上是由犹太精神科医生提供的。由于阿拉伯精神病医生人数少，因此无法检查他们的种族和被告的种族之间的相互作用对他们意见的影响。结论对这些结果的三种可能的解释进行了讨论：人口之间的真正差距，缺乏文化能力和群体间偏见。其影响包括建议培训更多的阿拉伯精神病医生和提高执法官员的文化能力。

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引用次数: 0

Mental health disorders, adverse childhood experiences and accelerated reoffending among justice-involved youth in Australia: A longitudinal recurrent event analysis 精神健康障碍、不良童年经历和加速再犯罪在澳大利亚司法参与青年：纵向复发事件分析

IF 1.4 4区医学 Q1 LAW

International Journal of Law and Psychiatry

Pub Date : 2025-07-01 Epub Date: 2025-04-25 DOI: 10.1016/j.ijlp.2025.102099

Emaediong I. Akpanekpo , Tony Butler , Preeyaporn Srasuebkul , Julian N. Trollor , John Kasinathan , David Greenberg , Peter W. Schofield , Dianna T. Kenny , Claire Gaskin , Melanie Simpson , Jocelyn Jones , Anyiekere M. Ekanem , Azar Kariminia

Background

Mental health disorders and adverse childhood experiences (ACEs) are known risk factors for youth offending. However, most studies operationalize these factors as static and fail to distinguish between isolated reoffences and escalating patterns of criminal behaviour. The impact of mental health service engagement on interrupting cyclical, repetitive offending also remains unclear.

Methods

We linked offending records (1994–2022) and mental health records (2001−2022) for 1556 justice-involved youth in New South Wales, Australia. The Prentice, Williams, and Peterson Gap Time model with time-varying effects was used to identify factors associated with accelerated reoffending during a five-year follow-up.

Results

The median age at first conviction was 15 years for custody-supervised youth and 16 years for community-supervised youth. Among custody-supervised youth aged 14 to 17, the prevalence of ACEs, mental health disorders, and their co-occurrence were 69.6 %, 33.9 %, and 26.5 %, respectively, compared to 42.5 %, 30.8 %, and 14.8 % for community-supervised youth. Recurrent offences occurred in 64.8 % of custody-supervised youth and 52.1 % of community-supervised youth. Age, physical neglect, substance use disorders, and personality disorders demonstrated time-varying effects on reoffending risk. Additional risk factors included physical abuse, parental death, anxiety disorders, mood disorders, and previous incarceration. Mental health service contact was associated with reduced reoffending risk.

Conclusions

This study demonstrates the dynamic nature of criminogenic risk factors and the protective effect of mental health service engagement. Youth justice policymakers should prioritize regular mental health assessments and improved access to interventions for justice-involved youth to reduce recurrent offending and enhance public safety.

心理健康障碍和不良童年经历（ace）是青少年犯罪的已知危险因素。然而，大多数研究将这些因素视为静态的，未能区分孤立的再犯罪和犯罪行为升级模式。参与心理健康服务对中断周期性、重复性犯罪的影响也尚不清楚。方法：我们将澳大利亚新南威尔士州1556名参与司法的青少年的犯罪记录（1994-2022年）和心理健康记录（2001 - 2022年）联系起来。采用具有时变效应的普伦蒂斯、威廉姆斯和彼得森间隔时间模型，在5年随访期间确定与加速再犯有关的因素。结果初犯年龄中位数在监管青少年中为15岁，在社区监管青少年中为16岁。在14至17岁的监护青少年中，ace、精神健康障碍及其共患率分别为69.6%、33.9%和26.5%，而社区监护青少年的这一比例分别为42.5%、30.8%和14.8%。受羁留青少年中有64.8%及社区监督青少年中有52.1%犯过重复罪行。年龄、身体忽视、物质使用障碍和人格障碍对再犯风险表现出时变效应。其他风险因素包括身体虐待、父母死亡、焦虑症、情绪障碍和以前的监禁。心理健康服务接触与再犯风险降低有关。结论本研究揭示了犯罪风险因素的动态性质和心理健康服务参与的保护作用。青年司法政策制定者应优先考虑定期进行心理健康评估，并改善参与司法的青年获得干预的机会，以减少复发性犯罪并加强公共安全。

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引用次数: 0

Subject injury and police use of force in mental health crises 心理健康危机中的主体伤害和警察使用武力

IF 1.4 4区医学 Q1 LAW

International Journal of Law and Psychiatry

Pub Date : 2025-07-01 Epub Date: 2025-05-26 DOI: 10.1016/j.ijlp.2025.102104

H.L. Joseph , W. Liu , K. Petersen , J. Sheridan-Johnson , B.G. Taylor

This study examines the relative likelihood of police officer firearm use and severity of subject injury in officer encounters with subjects in mental health crises (MHC) and those not in mental health crises (nMHC). The study sample is from a dataset of officer involved shootings (OIS) and officer use of force (UOF) incidents from 26 large law enforcement agencies (LEAs) in the U.S. Logistic and ordinal regressions were used to assess whether subject UOF, resisting arrest, weapon use, intoxication or sociodemographic factors were related to officer firearm use and severity of subject injury, comparing cases involving MHC (N = 1334) and nMHC (N = 2848). Though the risk of officer firearm use and severity of subject injury were significantly positively correlated with being in MHC, there was no significant difference in either outcome between individuals in MHC and nMHC after controlling for the other predictors in the regressions. Compared to those in nMHC at the time of their encounter with the police, those in MHC were found to be more likely to resist arrest, use a weapon, and be intoxicated during encounters with police. People of color were at uniquely high risk for more severe injury in nMHC but not those in MHC. Additionally, the subject being intoxicated was associated with increased risk of officer firearm use in MHC but not in nMHC. This study identified specific populations (e.g., people of color, those with comorbid mental illness and substance use) and specific subject behaviors (e.g., weapon use) associated with increased risk of officer firearm use and subject injury that are more likely in MHC and warrant further protection during police encounters. Study findings highlight the critical importance that officers receive training in best practices in identifying when a subject is in MHC, implement appropriate de-escalation strategies, and partner with mental health professionals to increase mental health care utilization and decrease risk of harm.

本研究考察了警察在遭遇心理健康危机（MHC）和非心理健康危机（nMHC）时使用枪支的相对可能性和受试者受伤的严重程度。研究样本来自美国26个大型执法机构（LEAs）的警员涉事枪击（OIS）和警员使用武力（UOF）事件数据集，使用Logistic和序数回归来评估受试者涉事枪击、拒捕、武器使用、醉酒或社会人口因素是否与警员使用枪支和受伤严重程度有关，并比较涉及MHC （N = 1334）和nMHC （N = 2848）的案件。尽管警员使用枪支的风险和受试者受伤的严重程度与MHC呈显著正相关，但在回归中控制了其他预测因子后，MHC和nMHC个体之间的任何结果都没有显著差异。与nMHC的人相比，MHC的人在遇到警察时更有可能拒捕，使用武器，在遇到警察时喝醉酒。有色人种在nMHC中遭受更严重伤害的风险特别高，而在MHC中则不然。此外，醉酒的受试者与MHC中警察使用枪支的风险增加有关，但与nMHC无关。该研究确定了特定人群（如有色人种、患有精神疾病和药物使用共病的人）和特定主体行为（如武器使用）与警察使用枪支和主体受伤的风险增加有关，这些行为在MHC中更有可能发生，因此在警察遭遇时需要进一步保护。研究结果强调，官员接受最佳做法培训至关重要，以确定受试者何时处于MHC状态，实施适当的降级战略，并与精神卫生专业人员合作，以增加精神卫生保健的利用并降低伤害风险。

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引用次数: 0

Large language models and psychiatry 大型语言模型和精神病学

IF 1.4 4区医学 Q1 LAW

International Journal of Law and Psychiatry

Pub Date : 2025-07-01 Epub Date: 2025-02-27 DOI: 10.1016/j.ijlp.2025.102086

Graziella Orrù , Giulia Melis , Giuseppe Sartori

Integrating Generative Artificial Intelligence and Large Language Models (LLMs) such as GPT-4 is transforming clinical medicine and cognitive psychology. These models exhibit remarkable capabilities in understanding and generating human-like language, which can enhance various aspects of healthcare, including clinical decision-making and psychological counseling.

LLMs, trained on vast datasets, function by predicting the next word in a sequence, endowing them with extensive knowledge and reasoning abilities. Their adaptability allows them to perform a wide range of language-related tasks, significantly contributing to advancements in cognitive psychology and psychiatry. These models demonstrate proficiency in tasks such as analogical reasoning, metaphor comprehension, and problem-solving, often achieving performance comparable to neurotypical humans. Despite their impressive capabilities, LLMs still exhibit limitations in causal reasoning and complex planning. However, their continuous improvement, exemplified by the enhanced performance of GPT-4 over its predecessors, suggests a trajectory towards overcoming these challenges. The ongoing debate about the “intelligence” of LLMs revolves around their ability to mimic human-like reasoning and understanding, a focal point of contemporary research.

This paper explores the cognitive abilities of LLMs, comparing them with human cognitive processes and examining their performance on various psychological tests. It highlights the emergent properties of LLMs, their potential to transform cognitive psychology, and the different applications of LLMs in psychiatry, highlighting the limitations, the ethical considerations, and the importance of scaling and fine-tuning these models to enhance their capabilities. We also explore the parallels between LLMs and human error patterns, underscoring the significance of using LLMs as models for human cognition.

Overall, this paper provides substantial evidence supporting the role of LLMs in reviving associationism as a viable framework for understanding human cognition while acknowledging the current limitations and the need for further research to fully realize their potential.

集成生成式人工智能和大语言模型（LLMs），如GPT-4正在改变临床医学和认知心理学。这些模型在理解和生成类似人类的语言方面表现出非凡的能力，可以增强医疗保健的各个方面，包括临床决策和心理咨询。法学硕士在庞大的数据集上训练，通过预测序列中的下一个单词来发挥作用，赋予他们广泛的知识和推理能力。他们的适应性使他们能够执行广泛的与语言相关的任务，对认知心理学和精神病学的进步做出了重大贡献。这些模型显示出在类比推理、隐喻理解和问题解决等任务上的熟练程度，通常达到与神经正常的人类相当的表现。尽管llm具有令人印象深刻的能力，但在因果推理和复杂规划方面仍然表现出局限性。然而，他们的持续改进，以GPT-4比其前身增强的性能为例，表明了克服这些挑战的轨迹。关于法学硕士“智力”的持续争论围绕着他们模仿人类推理和理解的能力，这是当代研究的焦点。本文探讨了法学硕士的认知能力，将其与人类的认知过程进行了比较，并考察了他们在各种心理测试中的表现。它强调了法学硕士的新兴特性，它们改变认知心理学的潜力，以及法学硕士在精神病学中的不同应用，强调了局限性，伦理考虑，以及扩展和微调这些模型以增强其能力的重要性。我们还探讨了法学硕士和人类错误模式之间的相似之处，强调了使用法学硕士作为人类认知模型的重要性。总体而言，本文提供了大量证据，支持法学硕士在恢复联想主义作为理解人类认知的可行框架方面的作用，同时承认当前的局限性和进一步研究以充分发挥其潜力的必要性。

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引用次数: 0

Effects of psychological torture and cybertorture with emerging digital technologies under anti-torture legal obligations in China: A mixed methods research in risks and remedies 中国反酷刑法律义务下新兴数字技术对心理酷刑和网络酷刑的影响：风险与救济的混合方法研究

IF 1.4 4区医学 Q1 LAW

International Journal of Law and Psychiatry

Pub Date : 2025-07-01 Epub Date: 2025-03-03 DOI: 10.1016/j.ijlp.2025.102081

Mingming Hai

International norms and domestic law-making and decision-making often underestimate the effects of psychological torture and the challenges posed by digital technologies like artificial intelligence, neurotechnology, and cybertechnology, such as cybertorture, used in interrogation techniques. This article focuses on how anti-torture legal measures, both in the international context and in their domestic implementation in China, respond to the contemporary challenges in the prevailing legal framework posed by the emergence of digital technologies and the effects of psychological torture. These challenges need to be considered from medico-legal perspectives in risk evaluation and remedies for the intertwined concept of neurorights and cybertorture and the effects of psychological torture, as well as introducing the argument that neurorights as an integral concept of human rights should be placed in the architecture of the human rights legal framework regarding cybertorture as a theoretical basis for legal reasoning in specific cases. This article aims to examine these challenges in the evolutionary interpretation of existing international conventions to combat torture by examining the changing trends in the interpretation of these instruments and the role played by soft law in them. It also examines how China, as a Convention's State party, provides judicial remedies for individual claims by psychological torture victims. It highlights that vagueness in the definition of concepts and the high threshold for the effects of psychological torture increase the risk of the victim suffering and act as a barrier to grant redress within medico-legal support. Using a mixed research method, it first analyzes two types of cause-of-action cases study regarding psychological torture of state compensation and involuntary admission procedures in Mental health Law. Quantitative analysis was also used to support the soundness of the exploratory conclusions drawn by the case study section. The empirical findings suggest that certain significant risk factors in China's law-making and judicial decision-making affect the fairness and availability of judicial remedies for individual claims.

国际规范和国内立法和决策往往低估了心理酷刑的影响，以及人工智能、神经技术和网络技术（如在审讯技巧中使用的网络酷刑）等数字技术带来的挑战。本文重点关注反酷刑法律措施在国际背景下及其在中国国内的实施如何应对数字技术的出现和心理酷刑的影响所带来的当代主流法律框架的挑战。在风险评估和补救神经权利与网络酷刑以及心理酷刑的影响交织在一起的概念时，需要从医学-法律角度考虑这些挑战，并提出这样的论点，即神经权利作为人权的一个整体概念，应纳入人权法律框架的架构，将网络酷刑作为具体案件中法律推理的理论基础。本文旨在通过研究对这些文书的解释的变化趋势以及软法在其中所起的作用，来研究在对现有的打击酷刑国际公约的演变解释中所面临的挑战。报告还审查了中国作为《公约》缔约国如何为心理酷刑受害者的个人申诉提供司法补救。它强调，概念定义的模糊和心理酷刑影响的高门槛增加了受害者遭受痛苦的风险，并成为在医疗法律支助范围内给予补救的障碍。采用混合研究方法，首先分析了两类诉因案例研究，涉及精神卫生法中国家赔偿的心理酷刑和非自愿收容程序。定量分析也用于支持案例研究部分得出的探索性结论的合理性。实证结果表明，中国立法和司法决策中的某些显著风险因素影响了个人索赔司法救济的公正性和可得性。

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引用次数: 0

Unified mental health and capacity law: Creating parity and non-discrimination? 统一的精神卫生和行为能力法：创造平等和不歧视？

IF 1.4 4区医学 Q1 LAW

International Journal of Law and Psychiatry

Pub Date : 2025-07-01 Epub Date: 2025-05-19 DOI: 10.1016/j.ijlp.2025.102108

Jill Stavert, Colin McKay

It has been argued that a fusion of mental health and capacity law creates parity and respects non-discrimination. This approach has been adopted in the Mental Capacity Act (Northern Ireland) 2016, although this legislation is not yet fully in force. Separately the World Health Organisation and the Committee on the Rights of Persons with Disabilities have advocated ending the separate status of mental health law. Across the rest of the UK, the possibility of fusion legislation has recently been considered, although not ultimately recommended in 2018 by the Independent Review of the Mental Health Act for England and Wales and in 2022 by the Scottish Mental Health Law Review. Challenges include potential conflicts with Article 5 of the European Convention on Human Rights, and the Committee on the Rights of Persons with Disabilities' critique of ‘mental capacity’ and whether a capacity threshold is required for unified mental health and capacity law. This article will consider the approach of the Scottish Mental Health Law Review, why it did not recommend immediate fusion and its proposals for greater alignment of mental health and capacity regimes.

有人认为，精神健康和行为能力法的融合创造了平等并尊重不歧视。2016年《精神能力法（北爱尔兰）》采用了这种方法，尽管这项立法尚未完全生效。另外，世界卫生组织（World Health organization）和残疾人权利委员会（Committee on Rights of Persons of Disabilities）主张结束精神卫生法的单独地位。在英国其他地区，最近已经考虑了融合立法的可能性，尽管2018年《英格兰和威尔士精神卫生法独立审查》和2022年《苏格兰精神卫生法审查》最终没有提出建议。挑战包括与《欧洲人权公约》第5条的潜在冲突，以及残疾人权利委员会对“精神能力”的批评，以及统一的精神健康和能力法是否需要一个能力门槛。本文将考虑苏格兰精神健康法律评论的方法，为什么它不建议立即融合及其建议更大程度上协调精神健康和能力制度。

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引用次数: 0