Convergence in British Cultural Policy: The Social,the Cultural,and the Economic

It is increasingly the case that cultural policy at all levels of governance is expected to address a suite of concerns much broader than those traditionally associated with the arts and creative practice. Indeed, in many nations, including most notably Britain, the concerns of cultural policy now embrace the economic and the social, as well as the cultural. In Britain, this convergence is occurring as part of a broader policy concern to ameliorate social exclusion by providing people with opportunities to participate in the creative economy. Drawing on the findings of a major study of the factors shaping cultural policy internationally, this article identifies and maps the priorities, key intersections, and convergences associated with these priorities in British cultural policy. The article argues that, in spite of taking different forms and having varying emphases depending on the constituency and the level of governance involved, the convergence agenda currently dominating British cultural policy is nevertheless remarkably consistent in terms of the discourses surrounding culture, the remit of the cultural sphere, and strategic policy implementation.     

Introduction

Institutional design, structure, and processes in the European Union (EU) provide a fertile ground for studying a new model of intergovernmental and supranational cultural policymaking. In this article, the author provides a map and an analytical compass to assist researchers and practitioners in navigating the EU cultural policy labyrinth. She offers insight into how transnational cultural policymaking occurs in the EU by tracing the Culture Programme through the agenda-setting, policy formulation, policy decision, and policy implementation stages of the policy process. The author concludes by introducing an emerging process of institutionalized cultural policy transfer that appears to be developing through systematic and incremental policy transfer, policy learning, and policy convergence.     

Cultural Policy and Values: Intrinsic versus Instrumental? The Case of Romania

This article addresses cultural policy in post-Communist Romania, focusing on the justifications for support of culture and the arts. The objectives are to clarify values legitimizing public support and to determine their effect on the meaning and impact of cultural policy. The author argues that justifications of public funding—instrumental or intrinsic—depend on how successive governments represent the roles conferred to culture and the arts, as well as on the particular ideas of culture and art they promote. Policy discourse after 1989 has been characterized by its nourishment of a persistent instrumental ideology that gradually connected to the international debate and has been dominated by a traditional, narrow conception of culture and art, which conflicts with a modern conception. Until recently, the fluctuations and conflicts between different values and ideas of culture and art have worked to constrain cultural policy, disrupting its implementation and altering its effects.     

Toward Subnational Comparative Cultural Policy Analysis: The Case of Provincial Cultural Policy and Administration in Canada

Comparative policy analysis is an underdeveloped field of study in Canadian policy scholarship at the national and subnational levels. Cultural policy research is also underdeveloped in Canada, particularly at the provincial level. This article aims to contribute to the development of subnational comparative cultural policy analysis by assessing the analytical value of utilizing national-level cultural policy approaches as referents for provincial comparative analysis. We develop four main approaches to cultural policy and administration—the French, British, American, and hybrid (mixed) approaches—and explore their applicability to analyzing the origin and evolution of cultural policy and administration in five Canadian provinces. The article draws on a recently concluded three-year national study of provincial and territorial cultural policy and administration codirected by authors Gattinger and Saint-Pierre.     

刑事政策执行方式研究——兼论宽严相济刑事政策的贯彻

中国刑事政策源远流长，因时因地不同而产生了不同的刑事政策，而各个刑事政策的执行方式也大相径庭，而其直接后果则是刑事政策执行的失败与成功。学界历来不缺对刑事政策本身的研究，但对刑事政策的执行方式却鲜有论述，本文分析了现存刑事政策执行方式的不足，提出了刑事政策执行在理论上存在的三种可能方式，并认为综合式执行方式是中国目前刑事政策执行方式的首选。     

Arts and Culture Indicators in Community Building: Project Update

The author questions the arts support system in post-Communist Romania, examining whether the cultural policies during 1990-2006 have contributed to the development of the arts sector, the enhancement of artistic creativity, and the independence of artists. His analysis focuses on the institutional framework and the financing mechanisms that support artists. The author argues that the institutional configurations and the collective mentalities that dominate the cultural sector and public policy have strongly influenced cultural policy in Romania. Along with the economic difficulties, the weighty legacy of the centralized authoritarian state and the paternalistic attitude that dominated for so long in Romanian history have acted as constraints on the public support for the arts and artists. The post-Communist cultural policy remains dependent on historical patterns and, despite some attempts of reform in the late 1990s, it is only recently that a noninterventionist policy and a more effective arts support system emerged.     

Context and Continuity: Philistines,Pharisees and Art in English Culture

Cultural identity is an important facet of globalization, and cultural policy involves an international network of policymakers at the subnational, national, and supranational levels. It is often unclear what cultural identity means and who effects policy change, especially in a fast-changing world. The author examines one of the most important cultural policy conflicts of the last two decades to suggest that the intersections among multiple policymakers led to considerable learning through interaction and clear articulation of policy preferences. The author examines the culture war between the European Union (EU) and the United States over trade in cultural products.¹ The conflict played out in international organizations and allowed the EU to come together to articulate a somewhat coherent cultural identity policy, while the United States realized the difficulty of sustaining cultural exports in the context of provocative cultural identity frames.     

Human Rights, Development, and the WTO: The Cases of Intellectual Property and Competition Policy

The World Trade Organization (WTO) has sometimes been portrayedas being at odds with the protection of human rights. This articletakes issue with this perception, both generally and with specificreference to WTO agreements/activities in the areas of intellectualproperty (IP) and competition policy. The rules and proceduresof the WTO are directly supportive of civil rights in the senseof freedom to participate in markets and freedom from arbitrarygovernmental procedures. In addition, the system contributesto development and to the realization of broader economic, social,and cultural rights, by stimulating economic growth and therebyhelping to generate the resources that are needed for the fulfilmentof such rights. The article examines various human rights andpublic interest rationales for the protection of intellectualproperty rights (IPRs). The recent amendment to the Agreementon Trade-Related Aspects of Intellectual Property Rights (TRIPS)to facilitate access to medicines in the event of public healthemergencies is outlined. With respect to competition policy,such policy constitutes an important aspect of governance insuccessful market-based economies. There is a clear need forcooperative approaches to the implementation of national competitionpolicies. The appropriate scope and venue for such cooperationare a matter for further deliberation.     

Review of “Youth Peacebuilding: Music,Gender, and Change,” by Lesley J. Pruitt

Ten countries of Central and Eastern Europe and the Mediterranean region joined the European Union in 2004. Two more new members from southeast Europe (Bulgaria and Romania) joined in January 2007. Given the diverse range of political, economic, social, and cultural contexts of these nations, EU enlargement and integration processes have entered a new phase of complexity. In this article, I analyze the cultural policy developments in eight of the new EU member states (the Czech Republic, Estonia, Poland, Latvia, Lithuania, Hungary, Slovakia, and Slovenia), examine in detail state and nonstate cultural funding patterns, and assess the influence of EU policy—especially with regard to the Culture Program, Structural Funds, and European cultural cooperation initiatives—for its impact on cultural policy development in the new member states. Next, I discuss the new forms of pan-European cultural cooperation, focusing on the development of networks, foundation initiatives, and observatories. Finally, I explore issues in development of cultural policy in the new member states and conclude with recommendations for the future of the enlarged EU.     

中国知识产权法制建设的评价与反思

中国知识产权法制建设自改革开放以来,已经走过30年的历程。其立法背景、国际对策、保护水平、行政管理、司法体制、运用效果、文化基础、制度模式、战略实施等状况如何,需在法学层面上作出理性总结和思考。笔者试从民间视角,以学术研究,提出中国知识产权制度评价的"蓝皮书"观点。     

少捕慎诉慎押刑事司法政策研究

少捕慎诉慎押刑事司法政策是推进国家治理体系和治理能力现代化,实现强制措施制度回归诉讼保障功能,应对犯罪结构发生重大变化和深化落实宽严相济刑事政策的必然要求。贯彻少捕慎诉慎押刑事司法政策应当在厘清其内涵的基础上规范其适用范围并遵循一定的原则,其实施路径包括正确把握逮捕的条件;进行实质化的羁押必要性审查;用好、用足不起诉制度;与认罪认罚从宽制度合理衔接以及充分发挥辩护制度的重要作用等。检察机关作为捕诉职能的承担者,是该政策有效施行的“第一责任人”,应当充分发挥“司法纽带”作用。时机成熟时,应当对该政策进行延伸,形成“少拘少捕慎诉慎押慎判”的系统的刑事司法理念和政策。     

法政策学视野下的私有历史文化建筑保护——以世界文化遗产核心区以外的开平碉楼为例

私有历史文化建筑是具有文物价值的文化财产,在被指定、登录为文化遗产或文物前后分别为事实上的文物和法定的文物,因为前者缺乏保护的正当性,后者则面临私有所有权和公共利益的博弈,而均没有得到有效的保护和利用。要加强对私有历史文化建筑的保护和利用,从法政策学角度需要完善我国的文化遗产指定、登录和保护程序,设计出行之有效的私权保护和权利救济模式,优化良好的管理架构和资金拓展渠道,平衡私权所有人和公共利益的关系。在国家和地方政府层面构建私有文化建筑文化、产业和权利政策立法体系。     

Prioritising legislation in the policy process

Drafting a piece of legislation is not an end in itself but its major value lies in its practicability. For some time, jurisprudence has not maintained a distinction between policy formulation and policy implementation. Law without compliance and an enforcement effect is like story telling. It may be a very well-written project but have very little to do with the practical world. Prioritisation as a mechanism towards drafting practicable legislation is also an item for the transparency of the legislative plan and process. Between policy formulation and policy implementation, prioritisation is a key player.     

Providing health insurance in rural china: from research to policy

The focus of this case study is utilizing research to influence policy in a large developing country. Our experiences involve the lack of health insurance for China's rural populations and how our research helped shape China's recent policy attention and efforts on this issue. More than 80 percent of China's 700 million rural residents have no health insurance. This has been the case for the past thirty years, since the collapse of the once-successful Rural Cooperative Medical System after the economic reforms of the early 1980s. In 2002, the Chinese government announced a new rural health financing policy to provide health insurance for its rural populations, financed by a matching fund with contributions from central and local governments, as well as from individual households. This article documents the authors' experiences in addressing several critical questions for converting research results into policy actions, including the following: How are researchers to address policy relevant questions? How are they to acquire the attention of top policy makers to a specific problem? When is the issue at hand serious but not yet critical? And lastly, how are researchers to develop policy recommendations that stand a good chance of being accepted and enacted? Major lessons learned include the need to better understand the mandates and institutional constraints of the policy makers, the appropriateness of timing of both research result and policy efforts, how to use a country's cultural context to garner support of the government, how to enhance the policy's impact by combining formal and informal channels of communication for research dissemination, and the importance of following the policy process through the implementation phase to ensure the original objectives are achieved.     

Offender military enlistment as an emotionally intelligent justice system intervention

Military enlistment programs offer offenders opportunities to serve in the armed forces as alternatives to traditional criminal sanctioning both prior and post adjudication. Offender enlistment as a form of diversion embodies a rehabilitative ideal but faces formidable cultural and institutional implementation barriers, including recruiting regulations, security clearance requirements, public relations considerations, and military distrust. This study explored the utility of offender enlistment as an emotionally intelligent justice system intervention. It is argued that offender enlistment addresses internal and external offender control deficits while avoiding the expense and stigma of incarceration. The policy implications of offender enlistment as normative practice are considered.     

比例原则在公平竞争审查例外制度运行中的适用

公平竞争审查例外制度的具体实施离不开相应的法律原则作为指引,其中最为关键也最为重要的当属比例原则。在比例原则的基本内容架构方面,有必要在传统“三阶理论”之中导入新的子原则——“目的正当性原则”,借以确立起“四阶理论”。在公平竞争审查例外制度运行过程中,引入比例原则事实上不仅具有必要性,而且也具有相应的合理性。比例原则在...     

Playing by the rules: Impact and implementation of children's educational television regulations among local broadcasters

This study explores the institutional process involved in the implementation of the 1997 Federal Communications Commission regulations regarding educational programs for children. Through open‐ended interviews with representatives from twenty‐eight stations, this study assessed local broadcasters' reactions to these new rules in the early stages of policy implementation, examining their understanding of the new regulations; the implementation strategies and structural constraints that guide the selection of educational programs and the implications of these strategies for the success of the rules in achieving their goals as stated explicitly by the FCC. All respondents indicated that they would comply with the regulations by providing the minimum three hours of educational programming per week, along with other reporting and public file obligations. However, the ultimate effectiveness of these rules in ensuring better television for children seems complicated by the institutional constraints on local broadcasters and the widespread belief among broadcasters that educational programs are not viable in the market. The authors argue that future research on national policy evaluation should consider the implementation of the policy within a complex web of institutional and social structures.     

Enterprising Culture: Discourses on Entrepreneurship in Nordic Cultural Policy

The sphere of arts and culture has been going through a process of economic reevaluation during the last few decades. Parallel to the rise of a creative economy discourse, which both in its political and scientific forms has highlighted the economic significance of culture and arts, entrepreneurship has become a feature in the cultural policy of many countries. In this article, we compare how entrepreneurship is established and used as a concept in cultural policy discourses in two Nordic countries, Norway and Finland. Through analyzing policy plans and documents, we discuss what is seen as positive cultural or artistic activity in the framework of entrepreneurship, and we identify the eligible cultural subjects of this discourse.     

关于《著作权法》的经济学考量——以音乐产品为例

《著作权法》作为重要的知识产权政策在以知识产权为核心的创意产业发展中占据重要地位,其通过对产权的初始界定,实现资源的最优配置,有效缓解了市场失灵。为实现有关《著作权法》的进一步完善,结合经济学理论,具体从效率的角度来看,《著作权法》应当在赋予创作者群体以特权的同时强调其鼓励创作的义务,注重长远利益,由追求静态效率向动态效率过渡;从公平的角度,面对实施过程中人际公平的缺失,《著作权法》应从整体利益出发,以创作文化产品的劳动力资源而非仅仅以文化产品本身为作用对象,实现产业链各权利主体由各取所需向各取所值转换。在此基础上,通过匹配当代人与后代人在关于文化产品交易过程中的成本和收益,以对《著作权法》中有关作品保护期限的衡量,从代际公平的角度追求当前利益与长远利益的有机统一,从而更好地促进创作者群体与社会公众之间的利益权衡。