放射性废物管理的国际法制度--《乏燃料管理安全和放射性废物管理安全联合公约》的视角

放射性废物管理是当今世界面临的一个重要问题。本文试图从国际法的角度,联系可持续发展理论,对迄今为止有关放射性废物管理方面最重要的全球性公约——《乏燃料管理安全和放射性废物管理安全联合公约》进行介绍和分析,并在此基础上就完善国际放射性废物管理法律制度提出建议。     

艺术中的直觉抽象——朗格、卡西尔的抽象论

一般认为,抽象和直觉是对立的。卡西尔认为,艺术抽象和科学抽象是互逆的:前者是一个不断具体化的夸张的过程,后者是一个不断凝缩的过程。在卡西尔学说的基础上,朗格把抽象和直觉统一起来,从艺术发生学的角度进一步研究后认为,直觉中蕴涵着逻辑经验,直觉是一切抽象的开始。艺术中的抽象是直觉抽象。尽管艺术离不开这种抽象,但抽象在艺术中仍居次要地位。     

Building Houses on Rocks: The Role of the Ethical Infrastructure in Organizations

We present and discuss a theoretical model of an organization's ethical infrastructure, defined as the organizational elements that contribute to an organization's ethical effectiveness. We propose that the infrastructure is composed of both formal and informal elements—including communication, surveillance, and sanctioning systems—as well as organizational climates for ethics, respect, and justice. We discuss the nature of the relationship between these elements and ethical behavior, the relative strength of each of these elements, and their impact on each other. Theoretical and practical implications of this model are presented.     

义务冲突——艾滋病防治中的伦理法律难题

随着艾滋病预防对策的深入研究,新的伦理难题——义务冲突凸显出来。一方面,放弃艾滋病患者的隐私将其患病实情告之其性伴侣以保护其生命权、健康权还是保护艾滋病患者的隐私而漠视其性伴侣的人身权利？同时,鉴于当前艾滋病人犯罪已成为一种新型、危害性比较大的犯罪形式,是保护病人自主、保障艾滋病患者的隐私,还是维护公共健康、放弃艾滋病患者的隐私权？利益权衡中,只能取救死扶伤的道德、法律义务而舍弃保护患者隐私的法律义务,取公共健康而放弃个人权利。     

文艺的德性：审美与伦理的耦合

文艺有着深刻的伦理学内涵,优秀的文艺作品的道德意义就在于它是人性的敞亮与主体性的高扬。缺乏伦理学的视野,就无法全面把握文艺的本真特质。文艺作品不同于道德教科书,文艺所传达的不应是抽象的直白的信条,而应该是活的生活———经过作家审美创造的生活。但文艺毕竟不是超人类的存在,文艺展示自然、社会、人际、心灵,提供测试人生价值和人生态度的光谱,文艺家的主观命意、文艺作品的客观意蕴以及受众的解读与再创造,本身就是一定价值的自觉选择和自然涵纳。伦理道德在文艺作品中必须是符合审美要求的存在,明晰的个性化(典型化)与生动的感性化,是其按照美的规律进行创造的实现机制。     

双重国籍及其法律实践--兼论我国《国籍法》的立法改进

近年来海外华人强烈呼吁我国政府恢复承认双重国籍,这在国内外广大有识之士中也引起了极大的反响.双重国籍法律问题的产生有其历史的渊源,其冲突解决也是世界各国极为重视的法律实践问题.从当今国际法发展趋势来看,有条件地承认双重国籍乃是吸引高层次人才和广大海外华人积极参加我国的经济建设、从法律上保护全世界华人华侨根本利益的有效手段,应当引起我国政府的高度重视,并根据国际法的基本原则灵活处理双重国籍问题,在恰当的时机修订《国籍法》,以适应我国经济建设和社会发展的实际需要.     

The Data Subject's Right of Access and to be Informed in Finland: An Experimental Study

The EC Data Protection Directive 95/46/EC emphasises the roleof transparency in fair and lawful processing of personal data.This study describes the results from sending forty requestsfor access to data held and information on processing to controllersof personal data in Finland. The results show that there arestill difficulties in gaining access, in verifying the correctnessof information provided and in the procedures controllers employto provide information. These factors are discussed in lightof Finnish and EC regulation, as well as information systems.Proposals are put forward as to how the difficulties might beaddressed.     

The Regulation of Xenotransplantation in the United Kingdom After UKXIRA: Legal and Ethical Issues

Xenotransplantation - the transfer of living tissue between species - has long been heralded as a potential solution to the severe organ shortage crisis experienced by the United Kingdom and other 'developed' nations. However, the significant risks which accompany this biotechnology led the United Kingdom to adopt a cautious approach to its regulation, with the establishment of a non-departmental public body - UKXIRA - to oversee the development of this technology on a national basis. In December 2006 UKXIRA was quietly disbanded and replaced with revised guidance, which entrusts the regulation of xenotransplantation largely to research ethics committees. In this article we seek to problematize this new regulatory framework, arguing that specialist expertise and national oversight are necessary components of an adequate regulatory framework for a biotechnology which poses new orders of risk, challenges the adequacy of traditional understandings of autonomy and consent, and raises significant animal welfare concerns. We argue for a more considered and holistic approach, based on adequate consultation, to regulating biotechnological developments in the United Kingdom.     

Mugshots and Motherhood: The Media Semiotics of Vilification in Child Abduction Cases

The Shannon Matthews case was perhaps unique in British criminal history. For a period of several days, a young girl of 9 years of age was missing from home. During this period there was an unprecedented amount of both police and media attention devoted to the case, including TV appeals for her safe return and offers of financial rewards for information leading to her recovery. Ultimately, it emerged that the mother of the child had conspired with the child’s uncle, who had kidnapped her and kept her captive throughout the period of supposed disappearance. This article uses a corpus of newspaper articles gathered from both the period of the search and subsequently the trial of both the mother and the uncle, which resulted in convictions for both. It examines the representations of all of the actors in this scenario, both visual and verbal, in an attempt to elucidate the ideologies inherent in the case and the ways in which the victim and perpetrators were portrayed throughout the dramatic period of her disappearance.     

The Effectiveness of Non-State Governance Schemes: A Comparative Study of Forest Certification in Norway and Sweden

During the last decade, we have seen the emergence, under the auspices of non-state authorities, of market-driven governance schemes for certification of forest holdings and eco-labelling of wood products. Do these schemes affect actual management practices and environmental protection in forestry? This article examines the effectiveness of forest certification in Norway and Sweden – two ecologically and politically similar countries, but with different certification schemes. It is found that certification processes in both countries have resulted in high participation in certification schemes, high market penetration by certified forest organisations, and reduced conflict prevalence over forestry practices. Although forest certification seems to have modified on-the-ground practices in ways that lead to less environmental deterioration of forests, we still know too little about forest certification’s environmental impact and efficacy as a problem-solving instrument. More research is therefore urged in these areas.     

The Impact of Media on Public Trust in Legal Authorities in China and Taiwan

Literature on public perceptions of legal authorities in Chinese societies has been accumulating, yet a critical line of inquiry is missing, regarding the effects of the media. Relying on two nationwide samples, this study examines: (1) to what extent do Chinese and Taiwanese citizens trust their police and courts; and (2) how does media consumption influence Chinese and Taiwanese trust in police and courts, after controlling for a range of individual demographic, experiential, attitudinal, and locality variables? Results show higher levels of trust among Chinese than Taiwanese. Chinese trust their courts more than the police, but Taiwanese trust their police more than courts. Media exposure variables have limited effects on public trust in legal authorities. While frequency of consumption of television, newspaper, and the Internet does not influence Chinese or Taiwanese trust, exposure to foreign news lowers Chinese trust in legal authorities. Trust in media is closely connected to trust in legal authorities.     

The myth of success: the emergence and maintenance of a specialized gang unit in Stockholm,Sweden

Street gangs and organized crime groups pose a unique challenge to police departments across the globe. Given their penchant for public displays of affiliation through well-recognized signs and symbols, their presence is often associated with media attention and public scrutiny, which threatens the legitimacy of the police and creates added pressure to generate a specific and public response to the threat these groups pose. The current study documents how the Stockholm County, Sweden, police developed and maintained an anti-gang operation in response to an emerging gang problem. While police officials labeled the anti-gang initiative a success in the news media, analyses of prosecution statistics and internal police documents demonstrate a less than ideal effect of this operation. Potential reasons for the discrepancy in public pronouncements of programmatic success relative to evaluation of official data are discussed.     

Representatives' Attitudes Toward Citizen Protests in Sweden: The Impact of Ideology,Parliamentary Position,and Experiences

What affects political representatives' attitudes toward citizen protests? We test the impact of political representatives' left‐right ideology, parliamentary position, and earlier experience of citizen protests. Using data from a pioneering survey covering all local political representatives in Sweden (n = 9,101, response rate 70%), we examine attitudes toward controversial noninstitutionalized forms of citizen protests. The results show that representatives to the right show considerably lower protest acceptance than those to the left. Representatives in office show significantly lower levels of acceptance than those of the opposition. Finally, the results show that representatives with more protest experience show higher protest acceptance.     

The Value of Art and Culture in Everyday Life: Towards an Expressive Cultural Democracy

ABSTRACT

Ever since the earliest forms of mass media, the dichotomy of mass culture/high culture has been a topic of debate. The concept of cultural democracy has developed as a way to acknowledge a variety of cultural activities. Despite attempts to develop a broader understanding of culture, cultural policy still seems to reproduce the dichotomies, and to value one over the other. In this article, we would argue for an expanded understanding of cultural democracy, which may serve as a starting point for a turn of perspective of arts advocacy and cultural policy—the perspective we call an expressive cultural democracy.