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The author discusses whether a state agent who applies tortureagainst a suspect in order to prevent the death of one or moreinnocent persons can successfully plead a ground for excludinghis or her criminal responsibility under national (in particular,German) law as well as international law. The author examinesthe judgment of a German court, which recently found two policeofficers guilty of threatening to use violence against a suspectedkidnapper, but refrained from punishing them on account of theirmotivation to save the life of the hostage. The author maintainsthat the court's guilty, but not to be punishedverdict could provide guidance for the resolution of comparablecases under international criminal law. He submits that thetension between the absolute ban on torture under internationalhuman rights law and the availability of defences even to crimesof torture under international criminal law should be resolvedthrough a human rights-oriented interpretation of the latter.The author concludes that criminal responsibility for tortureunder international criminal law cannot be excluded by the factthat the torturer acts to save innocent life; however, his orher altruistic motivation may be taken into account in determiningthe sentence. 相似文献
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In 1973 the United States Supreme Court ruled that abortion could be had practically on request during the first 3 months of pregnancy. This article discusses whether the decision led to more public support for that position, and where in the U.S. the increase in support has been most drastic. The most recent public opinion polls indicate about 60% public support legalized abortion, while it was only 45% before 1973. Support has also increased even if pregnancy is not judged to be detrimental to the mother's health, or if it is not the result of rape and/or incest, but even if it is simply requested for economic or purely personal reasons. People under 30, with college education, men and Protestants, seem to be the staunchest supporters of abortion on demand. There has also been an increase in the number of Catholics supporting abortion. Support for abortion increased in most states between 1969-1973, particularly in the West and in the Northwest. The fight to deny federal funds for abortion is still raging in Congress; some studies indicate that the religion of the legislators is the most powerful predictor of voting on abortion, and that the decision is a very personal one, and not easily altered by the lobbying of groups on either side. 相似文献
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Do individuals believe that an election victory by their favored candidate will improve their personal economic well-being? Previous work has either adopted an approach that is not well suited to determining this relationship, or ignored this question to focus on perceptions of macroeconomic conditions. In this paper we adopt a new approach that allows us to determine the relationship individuals perceive between elections and personal economic welfare, examining the relationship between vote choice, the election outcome, and post-election expectations for personal economic well-being. We find that economic individualism plays an important role in shaping the relationship individuals perceive between election outcomes and their personal economic well-being. Individuals who reject economic individualism do perceive a relationship, with those viewing an election outcome as favorable more optimistic in their expectations for personal economic well-being than those who view the election outcome as unfavorable. Conversely, election outcomes do not influence the expectations of economic individualists. 相似文献
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Florian Justwan Bert Baumgaertner Juliet E. Carlisle April K. Clark Michael Clark 《Journal of Elections, Public Opinion & Parties》2018,28(4):424-442
There is widespread evidence that individuals select information that supports their convictions and worldviews. This behavior yields the formation of echo chambers – environments in which an individual’s own political beliefs are repeated and amplified and dissenting opinions are screened out. Recent research demonstrates that social networking sites such as Facebook or Twitter can facilitate this selection into homogenous networks. Using data from a representative nation-wide online survey, we consider the degree to which respondents’ social media networks resemble virtual echo chambers. We then analyze the effect of these social media echo chambers on satisfaction with democracy among Democrats and Republicans in the aftermath of the 2016 US elections. Our findings reveal that virtual echo chambers boost democratic satisfaction among Republicans but they do not have an effect on system support by self-identified Democrats. Our paper therefore adds to a growing literature linking online behaviors to mass attitudes about politics. 相似文献
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What determines the success of a peaceful settlement attempt of a border dispute? In order to fully understand why decision makers choose to put an end to an ongoing conflict, it is necessary to consider the social trust levels of the general populations in both states. International conflict settlement requires public support at the domestic level. If a state’s general population perceives the potential dangers of a settlement as too severe, the conclusion of a peace agreement will be difficult. We argue that high levels of social trust allow citizens (1) to favor more conciliatory foreign policies and (2) to be more optimistic about the future behavior of other states. In democratic settings, these public attitudes serve as powerful constraints for decision makers. As a result, high aggregate levels of social trust should be directly related to concession-granting behavior by democracies as well as effective dispute settlement among jointly democratic dyads. We test these expectations with a new aggregate-level measure of social trust and find mixed support for our hypotheses: While trust does not influence the behavior of challenger states, it does have strong effects on democratic target states and jointly democratic dyads. 相似文献
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