论冲突法上的适应问题

冲突法上的适应问题是一种法律关系的准据法同他种法律关系的准据法分别属于不同法律秩序时,应如何调整两者在适用上可能产生相互矛盾及不调和的问题。增强准据法的适应性或者说对准据法加以调整是当代冲突法的一个新动向。可以说,适应或调整程序浓缩了确定准据法的技术,冲突法上的某些制度本身就是适应观念的体现。在适应问题的解决方面,目前还难以制定统一的一般准则,总的来说,有冲突法的适应方法、实体法的适应方法和比较法的适应方法。适应问题不仅存在于法律适用阶段,而且也发生在管辖权协调和外国判决执行方面。     

Stressors, coping resources and strategies, and police stress in South Korea

The present article extends prior research to identify the predictors of police stress from work place problems, the resources available through social support, different strategies for coping with stress, and conditions unique to policing in South Korea. The unique conditions are perceived public perception of police and attitudes towards women working outside of the home. Seven hundred officers were asked to participate in the research, and 686 did participate (96 percent response rate). Almost half of the variance in stress could be explained. Reports of being ridiculed and “set up” in dangerous situations, and to a lesser extent, lack of support from superiors and perceived disrespect from the public, were salient predictors of stress. Coping strategies did not moderate the associations between stressors and stress. Findings were interpreted in relation to collectivist culture and possible points of intervention.     

Mobilising evidence in public policy: The contribution of the evidence provider

This article contributes to the conceptualisation of evidence‐based policy through providing a framework of the key factors that influence research utilisation, including those that shape the quality of evidence provided. We apply this framework to an analysis of public policy to regulate the remuneration of freight truck drivers to improve workplace safety in their industry. Recent policymaking concerning the regulation of truck drivers’ remuneration in Australia provides an opportunity to examine the quality and utilisation of research evidence by external evidence providers in opposing political contexts. This article suggests the need for informed and vigilant scrutiny of the contributions of evidence providers to government policymaking, particularly in the case of wicked policy problems about which there are sustained ideological differences that underpin problematisation, research interpretation, and conceivable policy solutions.     

The Changing Nature of Rationing in the UK National Health Service

This paper presents findings from empirical research exploring recent developments in healthcare rationing in the UK, and how far these were influenced by the National Health Service (NHS) internal market. Results suggest explicit rationing has continued to spread, but the focus has shifted from exclusions of whole treatments from NHS provision towards a reconciliation of implicit and explicit approaches. There is growing interest in explicit criteria to guide decision making, within which clinicians exercise discretion in indi-vidual cases. The market contributed to the growth in explicit rationing, notably by decoupling healthcare purchasers (health authorities and GP fundholders) and providers (hospital and community health services) from their previously shared responsibility to manage resources. However, other factors have been influential, especially concern to control rising expenditure. Having originally prompted more explicit decisions (especially exclusions), resource pressures are now rekindling interest in fixed provider budgets and implicit clinical decision making. The paper concludes by considering the implications for rationing of proposals to abolish the NHS internal market.     

Policy analysis as discourse

The field of policy analysis encompasses a greater diversity of practices than is commonly appreciated. Many recent revisions agree with the postmodern dictum that analytic studies are socially constructed and propose some form of discourse for formulating policy. This article compares three theoretical perspectives on discourse: analytic discourse, which draws on multiple theories and data sources; critical discourse, which emphasizes critical reflection and links evidence to value discussions; and persuasive discourse, which focuses on the role of ideas and persuasion by policy entrepreneurs. Analytic discourse has had the most impact on the practice of analysis, but the other two literatures have had some influence and address important issues. Critical discourse is sensitive to the structural biases in policy research, and persuasive discourse links the practice of analysis to opportunities in the policy arena. The author seeks to make us more conscious of alternative theories, while emphasizing the role of discourse in all three models and the linkages between policy design and the policy process.     

Risk Factors Associated with the Chronicity of High Potential for Child Abuse and Neglect

The present 4-year follow-up study involves 56 mothers who were evaluated by social agencies as being abusive and neglectful or at high risk for child abuse and neglect. The aim of the study is to analyze the relationship between psychosocial risk factors (relating to the history and current situation of the mothers) that were present at the time the families were initially recruited and the fact that some of the mothers continue to show a high potential for child abuse and neglect (chronic abuse and neglect), whereas others were able to overcome the problem (transitory abuse and neglect). Results indicate that the following variables are particularly associated with situations involving chronic problems of abuse and neglect: initial level of severity of potential for abuse and neglect; dual-parent status; a large number of children at the time of intervention (3.13 times more risk of chronicity for large families); the fact that as a child the mother herself had been placed in a foster home (3.7 times more risk); that she had been sexually abused (3.5 times more risk); and that as an adolescent she had run away from home (3.02 times more risk). Our results indicate that mothers who have a combination of more than eight risk factors are four times more likely to be in the chronic group.     

The Emperor’s new clothes: Labor reform and social democratization in Chile

This article analyzes the relationship between political and social democratization in recent democratic transitions by illustrating how the two processes were at odds in the case of labor reform in Chile (1990–2001). Labor reform served simultaneously to consolidate political democracy and slow down the momentum of social democratization. It was a tool for signalling policy change to legitimate the democratic regime, but at the same time leaving the liberal economy intact. The Chilean case calls into question the thesis of a natural progression from political to social rights prevalent in democratic theory, and allows us to generalize about the way marketization places limits on democratic deepening. The article first discusses what would be appropriate criteria of social democratization considering contemporary labor issues and labor relations in Chile. It then investigates the political process of labor reform. Ongoing legal debates through the 1990s show the extent of path dependence set in motion by the timid nature of the first social reforms in Chile’s new demoncracy and their muting effect on citizenship. Louise Haagh obtained her doctorate from the University of Oxford (St. Antony’s College) in 1998, and for the next three years held a British Academy Postdoctoral Research Fellowship at the College. In 2001 she began a lectureship at the University of York.