THE CHALLENGES OF ECONOMIC PROOF IN A DECENTRALIZED AND PRIVATIZED EUROPEAN COMPETITION POLICY SYSTEM: LESSONS FROM THE AMERICAN EXPERIENCE

Since the announcement in late 2002 of the Modernization Plan,and continuing in 2005 with the release of the Green Paper ondamages actions, the European Commission has been committedto a significant restructuring of the EU's approach to enforcingcompetition laws. Under the revised system as envisioned bythe Commission, national competition authorities and privateparties will assume a far greater role in supplementing thework of the Commission, which for 50 years has been the predominantcompetition policy enforcer in Europe. The goal is not onlyto produce a system of shared enforcement authority, but topromote the continued evolution in Europe of a "culture of competition,"while avoiding the creation of a "culture of litigation." Ifnational competition authorities and private parties acceptthis invitation, however, they are likely to face the same kindsof demands for substantial economic evidence from their nationalcourts that the EC has faced from the Court of First Instanceand the European Court of Justice in some of its most complexand challenging recent cases. This paper asks whether nationallevel enforcers, public and private, will have the proceduraland evidentiary tools necessary to respond to demands for sucheconomic proof. Drawing on the Commission's recent experiences,as well as lessons from the U.S. experience, it asks whetherthe Green Paper's treatment of economic evidence is adequategiven the importance that economic proof plays today in competitionlaw cases. It then urges the Commission to devote additionalattention to identifying and advocating reforms that will moreactively facilitate the disclosure, development, and presentationof economic evidence. This paper particularly questions theGreen Paper's preference for the use of court-appointed expertsin lieu of party-secured expert witnesses. It argues that partyand court-appointed experts can perform very different functionsin competition law cases and should not be viewed as substitutes.Moreover, it suggests that the Green Paper may significantlyunderestimate the degree to which party-secured expert economicwitnesses will be necessary if national level enforcers—publicand private—are to be adequately equipped to meet theburdens of proof they will face. If national enforcers systematicallyfind that they lack the procedural tools necessary to developthe economic evidence they need to meet those burdens, theywill reduce or abandon their efforts to initiate competitionlaw actions and it will be less likely that the promise of decentralizationand privatization can be realized.     

How unique is the Western European marriage pattern?: A comparison of nuptiality in historical Europe and the contemporary Arab world

In this article a comparison is drawn between the historical Western European marriage pattern (WEMP), and more recent trends in nuptiality in Arab countries. This comparison makes clear that marriage behavior in the present-day Arab world shows striking similarities to nuptiality patterns which have been described by Hajnal and adherents as typically Western European. Due to a combination of economic hardship, ever growing costs in the marriage ceremony, prolonged education and the emancipation of women, people in the Arab world have started to marry at ever higher ages during the past decades. Moreover, there are indications that universal marriage is in decline. Just as Western European couples in the nineteenth century had to spend years of saving in order to meet the economic requirements for marriage, young couples in today's Arab world have to postpone marriage as they are only at a more advanced age able to bear the economic burden involved in getting married. Striking is also the fact that marriage restriction in both societies started at a moment when the social and legal position of women was improving (in late Medieval Western Europe and today in the Arab world). However, in some ways the historical Western European marriage pattern differs from the contemporary Arab pattern. No other marriage regime has been able to completely reduce fertility and balance population growth to economic development. Whereas population growth in pre-twentieth century Europe was only restricted by nuptiality control, demographic expansion in present day Arab society is also restricted by modern family planning. Declining nuptiality in the Arab world can however not, as some might assume, be put under the header of the Second Demographic Transition observed in Western societies, from the 1960s on. After all, until today, a rise in cohabitation and extra-marital births has not occured in the Arab world.     

Morality, social norms and the rule of law as transaction cost-saving devices: the case of ancient Athens

The importance of the institutional framework for economic development is widely accepted today and it is duly stressed in the economic literature. The protection of property rights, the enforcement of contracts and an efficient legal system are the pillars of the contemporary rule of law. However, formal institutions cannot function without being internalized by the citizens and without the strong backing of social norms. Morality and social norms are the major elements of the informal institutional structure, the social capital, which is also critical for social welfare and economic development. In this paper we will discuss both the formal and the informal institutional framework of Ancient Athens, which was a free market society with economic problems similar to contemporary market societies. Athenians developed a highly sophisticated legal framework for the protection of private property, the enforcement of contracts and the efficient resolution of disputes. Such an institutional framework functioned effectively, cultivating trust and protecting the security of transactions. This entire system however was based on social norms such as reciprocity, the value of reputation and widely accepted business ethics. Conformity to social norms as well as moral behavior was fostered by social sanction mechanisms (such as stigma) and moral education. The Athenian example is a further proof of the importance of morality and social norms as transaction cost-saving devices even in quite sophisticated legal systems. Their absence or decline leads inevitably to the need for more regulation and litigation and to a growing preference for clear-cut rules instead of discretionary standards. Athenian law was pioneering in the development of rules and institutional mechanisms suitable for the reduction of transaction costs, many of them surviving in the most complex contemporary legal systems.     

论经济补偿制度的法律定位与规范功能——从两岸三地的比较切入

经济补偿是劳动法上解除终止劳动合同时的重要制度.从经济补偿与失业保险的关系性框架分析这一制度,可以发现经济补偿以雇员的就业安全受到影响为基本前提,以“非自愿结束劳动关系”为核心,以社会责任为基础,以补充社会保障为目的.经济补偿制度的法律定位是社会责任.依凭于此,经济补偿制度至少发挥规范解雇行为、劳动合同期限、企业社会责任的功能.     

DELINQUENCY,IDENTITY, AND WOMEN'S INVOLVEMENT IN RELATIONSHIP VIOLENCE*

This study focuses on factors associated with women's self-reports of relationship violence “perpetration.” We analyzed data derived from personal interviews with 942 respondents who were originally contacted when they were adolescents and then 10 years later as young adults (N=721). Level of delinquency in adolescence was a signicant predictor of adult reports of involvement in relationship violence, for both male and female respondents. In addition, women's scores on the Conflict Tactics scale were related to adolescent and adult identities-higher scores were found among women who reported that they had been viewed as troublemakers as adolescents and who endorsed statements indexing an angry self-concept in adulthood. Although male perpetration represents a much more serious social and public health problem, these data do suggest that there may be a social learning basis for female as well as male expressions of violence.     

Providing infrastructure for a future state: Reading Herzl's Der Judenstaat in 1996

Theodor Herzl's Der Judenstaat, published in 1896, laid the intellectual foundations for the future state of Israel. His hope was to create for the Jews of Europe a country where they could live without suffering discrimination and deprivation of vertical mobility. This article focuses on Herzl's views of the means and ends of creating the social overhead capital or infrastructure of such a future country. A century ago, before Herzl, the strategic role of the public goods in the economic development process had not been sufficiently recognized.     

Widowhood options and strategies in preindustrial northern Europe

This article reassesses the variety of demographic, social, and economic forces that shaped the residence patterns of widowed and intergenerational relationships in northern Europe in the past. Factors considered include occupational status (landholders and landless), retirement contracts, system of poor relief, age at widowhood, and number of children surviving from previous marriages. Detailed findings are presented for two communities in southwestern Finland. Women in rural western Finland should not be viewed as helpless or dependent. Legally they might never have been the equals of men, but if their lives were affected by a number of restrictions so were those of men. Cooperation with kin and the creation of strategies for maintaining the family land were not unique to southwestern Finland. The stem family indeed had the capacity to act as an institution providing for the maintenance of the old and the young whenever it was supported by stable property. The possibility that this property might pass from the family to nonrelatives provided the motive for detailed retirement contracts. Such contracts did not signal intergenerational tension with the parental generation trying to protect its interests in the face of pressure from the children, as Gaunt [The property and kin relationships of retired farmers in northern and central Europe. In R. Wall (Ed.), Family forms in historic Europe (pp. 249–279). Cambridge: Cambridge University Press] has suggested. With the proletarianization of society in the 19th century, the proportion of poor widows increased. These paupers circulated among farms being taken care of for a specific time at each place. However, even in the late 19th century, landless widows usually did not reside alone.     

Widowhood options and strategies in preindustrial northern Europe: Socioeconomic differences in household position of the widowed in 18th and 19th century Finland

This article reassesses the variety of demographic, social, and economic forces that shaped the residence patterns of widowed and intergenerational relationships in northern Europe in the past. Factors considered include occupational status (landholders and landless), retirement contracts, system of poor relief, age at widowhood, and number of children surviving from previous marriages. Detailed findings are presented for two communities in southwestern Finland. Women in rural western Finland should not be viewed as helpless or dependent. Legally they might never have been the equals of men, but if their lives were affected by a number of restrictions so were those of men. Cooperation with kin and the creation of strategies for maintaining the family land were not unique to southwestern Finland. The stem family indeed had the capacity to act as an institution providing for the maintenance of the old and the young whenever it was supported by stable property. The possibility that this property might pass from the family to nonrelatives provided the motive for detailed retirement contracts. Such contracts did not signal intergenerational tension with the parental generation trying to protect its interests in the face of pressure from the children, as Gaunt [The property and kin relationships of retired farmers in northern and central Europe. In R. Wall (Ed.), Family forms in historic Europe (pp. 249–279). Cambridge: Cambridge University Press] has suggested. With the proletarianization of society in the 19th century, the proportion of poor widows increased. These paupers circulated among farms being taken care of for a specific time at each place. However, even in the late 19th century, landless widows usually did not reside alone.     

TOWARD AN INTERACTIONAL THEORY OF DELINQUENCY*

Contemporary theories of delinquency are seen as limited in three respects: they tend to rely on unidirectional causal structures that represent delinquency in a static rather than dynamic fashion, they do not examine developmental progressions, and they do not adequately link processual concepts to the person's position in the social structure. The present article develops an interactional theory of delinquency that addresses each of these issues. It views delinquency as resulting from the freedom afforded by the weakening of the person's bonds to conventional society and from an interactional setting in which delinquent behavior is learned and reinforced. Moreover, the control, learning, and delinquency variables are seen as reciprocalIy interrelated, mutually affecting one another over the person's life. Thus, delinquency is viewed as part of a larger causal network, affected by social factors but also affecting the development of those social factors over time.     

沪港台三地文学类畅销书价值取向的社会学分析

价值取向是指导人行动与判断的信念,它可以隐匿于个体或群体的社会行动,也可以呈现于社会公开的文本之中.价值取向主要包括对人自身、人与他人、人与社会以及人与自然等四个层面.从沪港台三地文学畅销书所反映的价值取向可以看出,上海侧重于人与人的价值取向的传递,香港着重于人与社会的渲染,而台湾则相对诉求对人自身品质的张扬,三地对人与自然的关系都涉及甚少.这种价值取向的差异在很大程度上受三地不同的政治、经济、文化与教育体制的影响.     

Arts districts,universities, and the rise of digital media

In the last decade, arts and culture have been placed at the center of attention when discussing economic growth. In particular, studies on the “creative class” have been using arts and culture as an important factor impacting local economies. In addition, studies on local economic development have frequently viewed universities as a major factor in economic growth. In the middle of this discussion is new economic growth via creativity, via new recipes and new combinations of local capital, and via innovation centers. Combining these disparate literatures brings to center stage both clusters of arts and culture and concentrations of research and human capital development. Hence, the focus of this paper is to analyze the dual impacts of universities and arts districts on innovation and economic growth through employment in digital media. The results indicate that cultural districts have a consistently positive effect on local digital media economic activity—employment and innovation. The same cannot be said for research universities.     

Markets,profits, labor and smack

Conclusion I began this paper by noting that the theoretical paradigms we usually invoke in an attempt to understand crime are often misleading and unfruitful. By seeking to understand crime through the vision implied by the normative paradigm we focus upon too narrow a set of phenomenon: namely the ideological structure of social systems or individual personalities. We would do well to shift our vision to include at the very least the political and economic history of that collection of activities which are generally defined by law as criminal. The historical development and political economy of opium and heroin from its introduction by European capitalists into China and Southeast Asia down to its current place in the political economy of the United States has been explored in an effort to demonstrate the utility of refocusing our energies towards a macro-sociological perspective.Copyright 1976 by William J. Chambliss     

高校学术创新的途径和促进措施

创新将成为社会生产力解放和发展的重要基础和标志,成为驱动经济发展和社会进步的最根本的原动力。选择相应的创新机构,促进经济的发展,是我们必须关注的话题。在现代社会,高等院校已经成为先进科技研发的前沿阵地,成为创新人才培养的最佳摇篮。这意味着高等院校必须成为知识创新的基地,才能有效地推动经济发展和社会进步。     

Attorneys,tell your clients to think before they post: Social media data may influence how evaluators view their parental fitness

Information from social media is used in evaluations of parental fitness with some regularity. Yet, research is lacking on perceptions of this information and no research has examined how social media data impacts forensic evaluators' opinions related to parental fitness. This study compared forensic evaluators' perceptions of data trustworthiness, usefulness, and initial opinion of parental fitness in a fictitious case in which parental fitness was questioned. Perceptions of a parent's behavior were compared across two types of data in which it was presented (an Instagram post or a medical record note) and across genders of the parent (mother or father) being hypothetically evaluated. As hypothesized, information documented on social media was viewed more critically than information documented by a healthcare provider. Further, information primarily referencing the father in the case was viewed as less trustworthy than information referencing the mother, which appeared influenced by evaluators' identified self-reported sexist attitudes. Results suggest that family law attorneys, regardless of which parent they are representing, should advise their clients of the risks to using social media.     

Exploring the Genesis of Economic Innovations: The Religious Gestalt-Switch and the Duty to Invent as Preconditions for Economic Growth

This paper discusses changes in the level of knowledge, i.e. learning, as a key source of economic growth, and argues that historically a radical change in attitude towards new knowledge has been a necessary precondition for economic growth. The Renaissance created this radically new attitude in Europe, and this paper discusses contributions to economic theory and economic policy of some of the most influential scientists involved in this process: Francis Bacon (1561-1626) in England, and Leibniz (1646-1716) and Christian Wolff (1679-1754) in Germany. It is argued that these polyhistors viewed economic change as a dynamic knowledge-based process–a view that has important similarities with modern evolutionary or Schumpeterian economics. These similarities have so far not been recognized, and the paper suggests that modern economic theory would benefit from studying the theoretical and practical economics of these philosophers who laid the foundations for the industrial revolution.     

The Evolution of the CPC’s Conception of Association and Regulation of Social Organizations in China

Freedom of association and all institutions coming with it have not been accepted by the Chinese government. Instead, Chinese social organization administration is based upon the concept of association held by the Communist Party of China (CPC). The Chinese government had adopted a “total control” model of social organization administration in the era of totalitarianism before the “Opening-up and Reform”, leaving almost no room for social organizations to survive, because the CPC had regarded social organizations as “revolutionary” and “deconstructive”. The Chinese has adopted a graduated control system to administrate social organizations in the era of authoritarianism after the “Opening-up and Reform”, treating social organizations differently according to their threats to the ruling order and their utilities for economic development, because the CPC has viewed social organizations as a “challenging” but “auxiliary” power. The on-going “innovation of registration and administration of social organizations” is not a return to international standard regarding social organization administration in China, but only partial reform of the graduate control system still based upon the CPC’s conception of association as “challenging” but “auxiliary”. Social organizations capable of providing public goods in areas of economic development and social services are given more favorable treatment by the government while political and religious organizations are still tightly controlled by the government.     

行政救济制度之完善

行政救济最重要的三项法律制度:行政诉讼、行政复议和国家赔偿,已建立实施多年,随着社会和经济建设的发展,三项制度很多方面都已不适应实践的需要。《国家赔偿法》已于2011年修改,《行政诉讼法》和《行政复议法》也亟需改革和完善。作为同是解决行政争议、化解社会矛盾的两项制度,有同有异,但具有内在的联系,应该对之作比较性研究,以期这两项制度在保护公民权利、有效化解社会矛盾中更能实现其积极效应。     

The use of the family: Property devolution and well-to-do social groups in Catalonia (eighteenth and nineteenth centuries)

The perpetuation through time of social position is one of the aims of individuals, and in order to achieve this they makes use of the economic, social, and political mechanisms at their disposal. The institution of the family constitutes an important aspect of the life of a person and provides instruments (marriage, systems of property devolution, celibacy, etc.) that permit the creation of a strategy by which social reproduction is assured. Nonetheless, in any given society, there exist groups of individuals that gain access to economic resources in similar ways, thus constituting more or less homogeneous social groups. The way in which this is done is conditioned by the way in which they make use of the family and the instruments that are governed by it. This article analyzes the predominant family system in Catalonia (in Northeastern Spain) and its implicit contradictions. It also evaluates the strategies developed by well-to-do social groups to confront these contradictions and facilitate access to resources.