Medical Errors: Mandatory Reporting,Voluntary Reporting,or Both?

This work evaluates policy recommendations on medical error reporting systems presented in, To err is human, a report published by the Institute of Medicine. Here mandatory reporting should be applied for adverse events, while voluntary reporting is recommended for near misses. This analysis shows that an error reporting scheme of this type is not an optimal one since both near misses and adverse events may remain unreported. This work makes evident that penalising health care providers for not reporting errors, independent of error category, is crucial for reaching the first-best solution.JEL D82, I18, K42     

FEMINIST JURISPRUDENCE: KEEPING THE SUBJECT ALIVE

One of the main purposes of feminist jurisprudence is to create or find better ways of being and living for women through the analysis, critique, and use of law. Rich work has emerged, and continues to emerge, from feminist theorists exploring conceptions of the self, personhood, identity and subjectivity that could be used to form a basic unit in law and politics. In this article, it is argued that a strong sense of human subjectivity needs to be retained to enable the human potentiality of women and men to flourish. This can be done in a way which is not essentialist, yet does not dissolve the subject out of existence, issues pertinent to feminist jurisprudence in recent years.     

高校被诉引起的行政法思考

传统的社会组织划分方法已不能涵盖高校在当前的独特作用和行为性质。文章从现状的不尽如人意处着手,引入“第三部门”、“公务法人”等概念分析了高校独特的法律性质、地位,并建议建立教育行政救济制度,填补教育行政领域行政法治的空白。     

Internationalisation,global capitalism and the integration of Iran

Abstract

There is a common tendency to observe a process of homogenisation when the current international structure is analysed. However, the globalisation process embraces heterogeneities and contradictions stemming from the integration of different states into a single global structure. This article explores the role and motivations of domestic social classes in creating variations in the form of integration of their states into the global whole. It takes one of the odd cases at the centre of inquiry and particularly concentrates on the emergence of alternative forms to the neoliberal globalisation in the process of Iran’s integration into the global capitalism. The accumulation strategies adopted by the dominant class factions in Iran are investigated in order to reveal their dialectical relationship with the international capitalist structure. Their role in the international political economy of Iran demonstrates how social agents through their strategic activities create variations in the forms of integration into the global capitalism. The article compares the Iranian case to the varieties of integration of lately capitalised but not peripherised BRICS (Brazil, Russia, India, China and South Africa) states. This aims to reveal that whilst these countries have truly integrated into the global capitalist system, the internationalisation of their states contradicts the accumulation strategies of their dominant classes.     

Dead letters on a page? Civic agency and inclusive governance in neopatrimonialism

Neopatrimonialism has explanatory power regarding the limitations of post-war democratization because it considers the combination of formally-democratic institutions together with power relations based on patronage. Neopatrimonialism does not however explain why marginalized groups make political claims in such inhospitable climates, nor have their experiences of governance processes been adequately explored. This paper addresses this gap based on empirical research in Bosnia-Herzegovina, applying a framework of civic agency to elaborate the goals and capacities of civil society actors. Under what conditions can civic agency foster inclusive governance outcomes? The research found that perceptions of limited and ambiguous outcomes from engagement in governance processes encourage civil society organizations to have incrementalist goals and limit self-perceptions of capacity. Inclusive outcomes were nonetheless more likely with persistent intentions and actions. Transactional capacities based on ties to political actors rather than participatory capacities based on political mobilization were more likely to lead to inclusive governance outcomes.     

我国公司治理法律制度的弊端检讨及完善路径

我国的公司治理立法呈现出割裂性、矛盾性与过渡性的特征,问题并不在于立法模式的选择,而在于立法体例的设计不当。目前的最佳解决途径是改变既有的公司立法体例,抛弃有限责任公司和股份有限公司的传统分类,将公司分为开放型公司和封闭型公司来有针对性地设计公司治理制度。规则应进一步细化,仅仅对开放型公司强制规定公司内部治理制度,对封闭型公司则赋予更多的自主权,由股东在章程中自由进行公司组织机构的设置。通过立法体例的改革和规则的细化来满足私法对自由价值的追求和商主体对成本的控制,保障公司营利性目标的实现。     

Grassroots practices of citizenship and politicization in the urban: the case of right to the city initiatives in Barcelona

This article aims to produce an analysis of the politicization of the citizens after Spain’s Indignados movement from a citizenship framework. The article suggests that claiming the right to the city involves more than issues of access to urban amenities: it is also about claiming the right to participate in the formation and transformation of the city and the right to appropriate the city center. This positions these rights within the larger issue of citizenship by defining it as a collective practice rather than a state-sanctioned status. Our analysis is based on the empirical evidence derived from the semi-structured interviews, politicians’ speeches, information based on media resources and official websites, and participant observation during three months of fieldwork in Barcelona in 2016.     

Vulnerability,Agency and the Ambivalence of Place in Narratives of Rape in Three High-Profile Swedish Cases

For decades, the media have frequently been instrumental in framing rape cases by linking the deed with the place. This study demonstrates that law courts are not innocent of such social framing; on the contrary, they are significant agents. We argue that courts, by shaping the plot in rape cases, participate in an ongoing cultural production of meaning, although in a more subtle and ambivalent way than the media. In a narrative analysis of three contemporary rape cases in Sweden, we bring together feminist research on place with the concepts of vulnerability and agency. We argue that place is framed as ambivalent in relation to vulnerability and agency, and dependent on the positioning of plaintiff and defendant. In court narratives, geographical places are made relevant, including the locations where the alleged rapes took place. Court narratives of rape include highly ambivalent connotations with place in relation to vulnerability and agency, distinguished by different narratives and outcomes in the various instances. The legal and social implications of our work should include an awareness of the relevance of place in relation to rape.     

代理授权行为法律地位辨析

代理授权行为是代理法律关系的核心要素之一,对其法律地位的不同认识将直接影响到代理行为的效力。在与此相关的各种学说当中,主张代理授权行为具有独立地位的无因性理论更具有可采性。在制定民法典时,建议以其作为完善我国代理立法的理论基础。     

我国推行股票期权的制度性障碍

股票期权制度使经营者报酬同公司经营业绩紧密联系在一起,降低了代理成本。但这种制度需要一定的制度环境方能产生、存在并发挥其作用。我国目前的制度环境并不适合股票期权制度,因而制度的创新成为必然。