兼顧科學與敘事的專業知識可改善無法避免的醫病衝突【實務講座】 試閱
Improving the Inevitable Doctor-Patient Dispute by Combining Scientific and Narrative Knowledge
本文嘗試以專業學習的知識論回溯到法實證主義、法現象學、法存在論等法學方法論,期能夠解開醫師專業自慢的疑惑,掌握某些重要且無可避免的衝突本質。科學知識不代表知識的整體,始終和敘述性的知識處於競爭和衝突中。科學知識輕視敘述性知識,但科學知識如果不求助於敘述性知識,便無法讓人知道自己是真知識。唯有理解知識的不可偏廢,必須兩者兼顧,以及意識到必然存在的衝突,才有可能改善醫病衝突糾紛不易妥適解決的現況。
This article tries to draw attention to inspect the legal methodologies of legal positivism, legal phenomenology, and legal ontology based on the knowledge of professional learning. It is hoped that the wonder of physician professional arrogance can be solved and the essence of certain inevitable conflicts can be managed. Scientific knowledge does not represent the whole of knowledge, and it is always in competition and conflict with narrative knowledge. Scientific knowledge despises narrative knowledge, but if scientific knowledge does not appeal on bases of narrative knowledge, it cannot be recognized that it is true knowledge. Only by understanding the indispensability of knowledge, we must take both measures into consideration, and only when realizing that there are conflict existed, it is possible to improve the current status of disputes that are so hard to be resolved.
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