Family and business among master artisans and entrepreneurs: The case of 19th-century Vienna

This article considers the relationship between family and business among economically successful artisans who were on the way to attaining the status of industrial bourgeoisie. For 19th-century master artisans as well as for entrepreneurs, the family was an important means of economic success. The connection between family and business, however, manifested itself in various ways. Cross-sectional household structures show two distinct patterns, which might be interpreted as “traditional” and “modern” family forms. Yet, the study of family biographies and of intergenerational succession casts doubt upon dichotomous perspectives and points toward complex relations between family strategies, kinship networks, and the guilds.     

Disordered personalities at work

Current categorical classification systems of personality disorders (PDs) remain widely used amid growing evidence that argues against the conceptualisation of PDs as independent, discrete entities. Adopting the dimensional perspective of Morey et al. (Journal of Personality Assessment, 49, 245–251, 1985), this study compared PD traits across forensic, psychiatric and “normal” senior business manager samples. There was particular interest in the relative representations of elements of PD closely associated with psychopathic PD because of research suggesting that some “psychopaths” operate within mainstream society, and links that have been made between elements of these so-called “successful” psychopaths, and characteristics associated with success in senior business management roles. The dimensional Minnesota Multiphasic Personality Inventory Scales for DSM III Personality Disorders (MMPI-PD) were shown to be internally consistent for the “normal” sample. Evidence for the qualitative equivalence of the four PD profiles emerged. The PD profile of the senior business manager sample was found to contain significant elements of PD, particularly those that have been referred to as the “emotional components” of psychopathic PD. The findings provide strong support for the continuous distribution of personality disordered traits.     

It's not the old ball game: Three Strikes and the courtroom workgroup

In 1994 California enacted legislation commonly known as “Three Strikes.” According to the conventional wisdom concerning the effect of “get tough” sentencing enhancements, the most draconian provisions are undermined by prosecutors, judges, and defense attorneys, who resist the changes in the “normal” way of doing business. The research reported here uses data derived from interviews and surveys of courtroom members, and finds that Three Strikes has significantly disrupted the efficiency of the workgroup and has made the prediction of case outcomes difficult.     

Socially Responsible Private Regulation: World‐Culture or World‐Capitalism?

This article analyzes the phenomenon of “corporate social responsibility” (CSR; specifically: social private regulation) in light of two sociological paradigms of globalization: “world‐culture” and “world‐capitalism.” The study treats three analytically distinct features of CSR: the political contestation over its meaning, the role of business studies in transforming it into a managerial model, and its consolidation as a market of authorities. The study finds that (1) while CSR may be theorized as a emergent “world cultural” model, the culture paradigm does not take sufficient account of the role of corporations in shaping it, and (2) while both paradigms recognize the transition from political contestations over the character of CSR to its deployment by means of private regulation, the world‐capitalism paradigm offers stronger tools for theorizing the mechanisms of change that mediate between political agency and institutionalized regulatory outcomes.     

Inside a Cultural Agency: Team Ethnography and Knowledge Exchange

This article undertakes an auto-critical analysis of the research team's ethnographic study of Cultural Enterprise Office (CEO), a Scottish creative business support agency. We discuss the team's composition and how this relates to other analyses of ethnographic teamwork. Our research is situated in the wider policy context of the “creative-economic” turn in the UK's research funding. This has been accompanied by increased emphasis on “knowledge exchange” and “impact” in the drive for greater accountability in higher education. The team's evolution in the course of undertaking research is illustrated by reference to four “pivotal moments,” which illustrate how we “performed” knowledge exchange.     

民国上海女律师的执业困境与自我成就

随着民国女律师的出现,中国女性参与法律职业的空白状态终于被打破,成为中国男女在法律职业上平等之起点。由于“赋权”式执业资格的实现方式,女律师执业权利实现后的经营面临着诸多的困境。初入职场的女律师备受时人瞩目,但旧有的律师评价体系仍用“女流之辈”这类标签,高傲地认为妇女与法律职业是相矛盾的。民国女律师在执业过程中要同时克服来自时代、自身以及同业男性律师的三重困境。面对既存的男性律师关系网带来的压力,她们没有甘心屈居“他者”的地位,而是调动一切资源开展业务,试图跻身民国律师中的佼佼者行列。     

论分权、法治的宏观调控

对“宏观调控”概念的界定,决定了宏观调控法制建构的差异。宏观调控应当遵循“分权”和“法治”的基本原则。中央政府宏观调控部门之间的分权制衡和协调、中央政府与地方政府之间调控权的合理划分,是有效分权的基本条件。宏观调控必须法治化,但是通过具体立法“固定规则”是不可行的,关键是对宏观调控主体适当赋权,由其根据形势和调控目标“相机抉择”或自由裁量,并将其纳入问责体系,凡宏观调控决策或行为超出合理专业判断造成不良后果的,行为人就应在民主和法治的框架内承担相应的责任。     

The Savings and Loan Debacle of the 1980s: White-Collar Crime or Risky Business?*

This paper examines the role of white-collar crime in the savings and loan crisis. Noting economists' assertions that crime was only a minor ingredient in the crisis, we compare the explanatory power of this “minimal fraud” model to that of its “material fraud” alternative. Bringing together evidence from every major study of thrifts in the 1980s, we argue that only the material fraud hypothesis can make sense of these data. This study demonstrates the utility of deductive reasoning in distinguishing between white-collar crime and ordinary business transactions, thereby potentially contributing to prosecutorial efforts, and helping resolve long-standing methodological dilemmas confronting white-collar criminologists.     

SNAKES AND LADDERS: UPPER‐MIDDLE CLASS MALE OFFENDERS TALK ABOUT ECONOMIC CRIME*

This paper explores the ways in which male offenders in professional‐status occupations prior to conviction construct and justify money‐related crime. We report a detailed analysis, based in grounded theory and critical social‐psychological discourse analysis, of a loosely‐structured group interview with four offenders. The men constructed justifications for their offenses in terms of “breadwinning” for their immediate family and economic responsibility toward their extended “family” of employees and creditors. They represented their post‐conviction decline in social status as being “dragged down” by envious “boys” in the state apparatus. They positioned themselves on moral high ground, despite having been inappropriately sent to the working class world of prison (“Dante's Inferno”). We contrast these accounts with those of less privileged male offenders.     

论我国长期护理保险制度试点中的争议问题与理论回应

伴随人口老龄化,家庭护理已难以满足失能老人的照护需求。为此,“十三五”规划提出“探索建立长期护理保险制度”,“十四五”规划建议进一步要求“稳步建立长期护理保险制度”。部分地区已开展试点工作,但是对于参保对象、基金筹集、保险待遇等核心问题试点不一。就参保对象,存在覆盖全民与仅面向老年居民之不同制度设计;就基金筹集,各地对于个人、单位及政府是否负担筹资义务规定不一;就保险待遇,各地对于给付对象、给付方式及给付标准规定不同。对家庭、单位、国家的职责定位以及对弥补家庭护理能力不足的路径选择,是构建长期护理保险制度的基础。基于平等原则、补充性原则,我国应建立覆盖全民、以参保人自行筹资为主体的长期护理保险制度。面对家庭护理能力之不足,立法应兼采支持劳动力回归家庭与护理社会化的应对路径,同时设立实物与现金给付方式,建立护理假等配套制度。     

The Prisoner's Perspective: A Needed View in Policy Formulation

The need for soliciting attitudes of convicted adult criminals towards the public system of criminal justice remains a neglected area of study. To the exclusion of the “prisoner's perspective”, criminological thought has relied extensively and, at times, exclusively on traditional criminological sources, public opinion polls and simulation studies, for relevant information regarding the criminal justice system. This paper seeks to break the cabal of silence by contending that the “prisoner's perspective” must be a requisite in any effort directed at making better decisions. The relationship between attitudes and behaviour, the sense of participation, the implementation of sound business practices, and the adherence to democratic principles are offered as possible rationales for the acceptance of the “prisoner's perspective”. It certainly cannot be suggested that the majority of ills confronting the criminal justice system are due to the non-recognition of the prisoner; however, unilateral and archaic policy construction and continued bypassing of the “prisoner's perspective” can serve only to harden the apparent resentment and contempt for a criminal justice system predicated on brass-bound policy ideals.     

Law and the Evolutionary Turn: The Relevance of Evolutionary Psychology for Legal Positivism

In the present essay, I consider the relevance of evolutionary psychology (EP) for legal positivism, addressing the two main traditions in the legal positivist family: (1) the tradition I identify with the works of Hart and Kelsen and characterize as “normativist,” as it tries to describe law as a purely or, at least, as an essentially normative phenomenon, while remaining true to the ideal of scientific objectivity and value‐neutrality; (2) the tradition I broadly refer to as “legal realism,” which equates law with adjudication and “legal science” with the task of explaining judicial behaviour.     

Legislating the Family: The Effect of State Family Laws on the Presence of Children in Same‐Sex Households

Faced with legal animus or outright legal prohibitions on adoption, fostering, or surrogacy, gay men and lesbians could be deterred from family formation. In this article, we use 2000 U.S. Census data to assess the validity of this assumption by examining the effect of positive and negative family laws on the presence of children in the households of same‐sex unmarried partners. In doing so, we seek to assess whether formal law plays a central role in family formation outcomes for gay men and lesbians. Employing a multilevel analysis, we find that formal law, particularly negative formal law, appears to play little role in outcomes involving family formation. Formal law might, however, play a greater role when defining property or other legal rights, such as through second parent adoption. These findings are compatible with the notion that individuals are less likely to consult formal law in their everyday lives—particularly with regard to family matters—but are more likely to do so with regard to family issues concerning wills and estates, transfers of property, or other “business” matters.     

Carl Schmitt on the Secularisation of Religious Texts as a Resacralisation of Jurisprudence?

Carl Schmitt, an increasingly influential German law professor, developed a provocative and historically oriented model of “political theology” with specific relevance to legal scholarship and the authorship of constitutional texts. His “political theology” is best understood neither as an expressly theological discourse within constitutional law, nor as a uniquely legal discourse shaped by a hidden theological agenda. Instead, it addresses the possibility of the continual resurfacing of theological ideas and beliefs within legal discourses of, for instance, sovereignty, the force of law and states of emergency (or “exception”) that present themselves as relentlessly secular, even—in the case of Kelsenian jurisprudence—”scientific”. This article illustrates and then critically evaluates Schmitt’s theory in terms of the authorship of constitutional texts in particular. It includes two case studies—genocidal colonial land appropriation and Kelsenian positivism in order to illustrate aspects of his political theology. Whilst Schmitt is defended against reductionist interpretations, I show that there remains considerable unfinished business before a Schmittian approach to legal theory merits full acceptance.     

Some Themes Arising from the Last Edition of Family Court Review

In the last edition of the FRC, there are a number of articles which highlight ever‐present themes in the many dispute resolution industries. These themes are: The cyclical nature of family law and DR reform to and fro “faster, cheaper, less formal and more accessible”; Access barriers for the poor and middle class; Access barriers due to geography, distance, and cultural differences; Blossoming of a range of “abbreviated” (short and inexpensive) DR services; The essential, yet neglected, task of systematic diagnosis of possible causes of conflict, and of a possible range of helpful interventions: DR practitioners should aim to “at least do no harm”; If a DR practitioner exhibits care, and core communication skills, how much do different processes matter? The Hawthorne effect—all pilot projects tend to succeed?; There is a constant flow of stories, systematic and statistical knowledge in DR industries. Who is listening and translating this flow of information between the various DR silos and to the public?

Key Points for the Family Court Community:
• The repetitive and predictable cycles of family law reform.
• Access to DR services restricted by finances, geography and cultural differences.
• The old saying “at least do no harm” should find a prominent place in all family DR services and training.
• The Hawthorne effect—all pilot and new projects seem to “succeed” for awhile. What follows?
• In the many family DR silos, there are “truths” embodied in stories, systems and statistics. Who can translate helpfully from one silo to another?

     

Examining the “virtual”; publication as a “newspaper of record”;

Newspapers as a record of the day's events and chronicle for public business have been part of the United States' unofficial governing system for several hundred years. The expression “newspaper of record”; has specific meaning and import for librarians, historians and lawyers. This article compares the statutory characteristics of “newspapers of record”; with the qualities of modern electronic newspapers delivered by on‐line delivery services. The article concludes that the definitions of “newspapers of record”; used by librarians, historians and statutes may not be met yet by electronic editions of newspapers. Thus, on‐line newspapers may not be able to carry legal notices.     

Morphology and the information age

New products, new services and new approaches to doing business may be essential in order to return to a period of long term economic propsperity. A particularly powerful approach to innovation is the technique called “morphology”. Kondratieff’s use of the morphology technique to analyze business cycles, and also an original use of morphology to analyze the categories of existence, are here applied to deduce office worker archetypes and significant business management issues, as a function of economic phase. The economic phases of prosperity, recession, depression and recovery are realted to the following business management issues: Productivity, time management, innovation and management by objectives. These issues correspond, respectively, to the following office worker archetypes: Information worker, skill worker, knowledge worker and decision maker.     

Variations in traditional marriage and family forms: Responses to the changing pattern of family-based social security systems in Sierra Leone and Kenya

A multitude of family forms can be found in African societies, and the functions we associate with the European term “family” do not necessarily belong to any specific form. The variety in the formation of different residence, consumption, and production units becomes obvious through the analysis of the social structure of individual b peoples, as well as through inter-ethnic comparisons. This article focuses on the differences between various types of social organization of an East- and a West-African people, and analyzes the complexities of and changes in family structures in the relevant socio-political and economic contexts. It also looks at the impact of the introduction of public administration and the commercialization of agriculture on social dynamics and family forms.