Gender,Ethnicity, and Education as Privileges: Exploring the Generalizability of the Existential Guilt Reaction

Two cross-sectional questionnaire studies were conducted to replicate and extend previous research on the existential guilt reaction. In Study I, gender was considered as a privilege. Male student participants (N = 141) were confronted with the low proportion of women in high-ranking positions and asked to appraise this situation. Self-reported behavior, behavioral intentions, and appeal to authorities aimed at advancing equal opportunities for both genders served as criterion variables. Path analyses were performed to explore the correlation structure among the variables. Self-reported behavior depended most strongly on behavioral intentions and on belief in control. Behavioral intentions depended most strongly on existential guilt. This effect accords to previous existential guilt research. Ethnicity and education were considered as privileges in Study II. Privileged Paraguayan students (N = 80) were confronted with the disadvantageous living conditions of Indians and Campesinos. They were asked to appraise the situation. Behavioral intentions and appeal to authorities directed at improving the living conditions of Indians and Campesinos served as criteria. As in Study I, existential guilt was the strongest predictor of behavioral intentions. Study II revealed the role of values in the process of existential guilt and prosocial behavior. This is a new research finding. Indirect effects of the two values of universalism and benevolence on behavioral intentions were obtained. The effect of universalism was mediated by existential guilt and moral outrage, the effect of benevolence was mediated by injustice and existential guilt. Tradition had a negative indirect effect on behavioral intentions. This effect was mediated by justification of deprivation and probably means that adherence to tradition eases the justification of traditionally existing social inequalities in a society.     

大数据时代互联网平台公开数据赋权保护的反思与法律救济进路

对于互联网平台公开数据的保护不宜采取赋权的强保护模式,应当采取反不正当竞争法的行为规制模式。激励理论与公地悲剧理论不能作为互联网平台公开数据赋权保护的正当性基础,赋权保护无法满足数据权利的法定性与透明度的内在要求,强行适用赋权保护会过度妨害数据市场运转、数据技术提升、科学研究以及数据共享。运用反不正当竞争法保护互联网平台公开数据时,须转变数据保护的思维理念,摒弃司法实践中的权利侵害式裁判模式,回归对互联网平台数据竞争行为自身的正当性评判。在一般性条款的适用过程中,司法裁判者应秉持反不正当竞争法的谦抑性,并借用比例原则对互联网平台数据竞争行为的边界进行限定,维持不同数据相关主体利益以及公共利益之间的平衡。     

非婚同居中女性健康权保护的法律困境及对策

规范非婚同居已经成为我国婚姻法学界的共识,但同居中女性的健康权问题却被忽略了。在司法实践中,许多法官往往用侵权法规则来解决相关的法律纠纷,在现行的法律框架下,这只是一种权宜之计。女性在非婚同居中的健康权不仅仅是女性健康不受侵犯的一种私法上的消极权利,也是一种积极的权利,国家有义务通过相关法律制度来保障女性健康权,这一点需要通过尽快制定非婚同居的法律来实现。     

‘Marrying light’: skin colour,gender and marriage in Jamaica,c. 1918–1980

ABSTRACT

While historians have increasingly examined inter-racial marriage, they have so far paid scant attention to intraracial marriage. This article tries to fill this gap in the scholarship by examining the practice of ‘marrying light’ in Jamaica from c. 1918 to 1980. Based on a wide range of sources, including memoirs and autobiographical fiction, it is particularly concerned with the motives for cross-colour marriage and the ways in which African-Jamaican children learned that ‘marrying light’ was an ideal to aspire to. It shows that colour, gender and class intersected in complex ways in ‘marrying light’ and that in most instances cross-colour marriages in Jamaica, like elsewhere, were a trade-off between one high-ranking variable and another. Due to the limitations of the source material, the article does not fully explore the extent of ‘marrying light’ and the quality of cross-colour marriages.     

Pink‐Collar Representation and Budgetary Outcomes in US States

Legislatures worldwide are dominated by wealthy elites, who are often out of touch with the needs and problems of citizens. Research shows that the underrepresentation of the working class matters in terms of policy processes and outcomes. Yet the research on class has largely focused on blue‐collar representatives, who are primarily men. Working‐class women are more likely to hold pink‐collar jobs, or low‐status occupations dominated by women. We argue that pink‐collar legislators are uniquely positioned to legislate over education and social service policy. To test our argument, we combine a new coding of working‐class backgrounds that accounts for pink‐collar representation with state spending data on education and social services from US states over time. Modeling compositional budget data, we find that class and gender intersect to shape policy outcomes via state budget allocations, with women's pink‐collar representation associated with increased spending on both education and social services.     

Race/ethnicity,citizenship status,and crime examined through trauma experiences among young adults in the United States

Race/ethnicity, citizenship status, and trauma, have significant impact on delinquency and crime outcomes; though the reasons for some expected and unexpected crime pathways are still unanswered. Using data from the National Longitudinal Survey of Youth 1997 (n?=?7,103), this study found the following results: no difference in the likelihood of engagement in delinquency and crime between blacks and whites; cumulative trauma increased delinquency and crime rates for all racial and ethnic groups; racial and ethnic minority groups compared to whites reported a significantly higher level of childhood trauma experiences; and native-born female immigrant groups (but not male) were more likely to engage in delinquency and crime than first-generation female immigrant groups. Implications and recommendations are set forth.     

Heir, Celebrity, Martyr, Monster: Legal and Political Legitimacy in Shakespeare and Beyond

The seventeenth century placed Western political thought on a path increasingly concerned with ascertaining the legitimacy of a determinate individual, parliamentary or popular sovereign. As early as Shakespeare, however, a parallel literary tradition serves not to systematise, but to problematise the discourses used to assert the legitimacy with which control over law and government is exercised. This article examines discourses of legal and political legitimacy spawned in early modernity. It is argued that basic notions of ‘right’, ‘duty’, ‘justice’ and ‘power’ (corresponding, in their more vivid manifestations, to categories of ‘heir’, ‘celebrity’, ‘martyr’ and ‘monster’) combine in discrete, but always encumbered ways, to generate a variety of legitimating discourses. Whilst transcendentalist versions of those discourses begin to wane, their secular analogues acquire steadily greater force. In addition to the Shakespearean histories, works of John Milton, Pierre Corneille, Jean Racine, Friedrich Schiller and Richard Wagner are examined, along with some more contemporary or ironic renderings.

德国食品法中健康保护的机构、方法和程序

德国现代食品法的重要内容包括基本原则和理想模型,主要有预防原则、成熟的消费者理想模型、透明原则、可追溯性原则和分级责任,其对行政机关和市场主体的行为进行了规范。在食品行政管理领域,欧盟层面的立法和司法主要由欧盟主导,但食品监督和管理责任由成员国承担。德国同样采用立法权限集中、行政管理权限分散的模式。在实行许可自由原则的基础上,德国食品法还规定了广泛的风险预防措施、对消费者的多种保护方法,及其"黑名单"、食品行业自我监督和质量保证和大个体商业企业监督等制度。此外,《欧洲人权公约》和德国《基本法》规定了在食品法领域针对国家措施的法律救济途径。     

Access to Medicines and the Transformation of the South African State: Exploring the Interactions of Legal and Policy Changes in Health,Intellectual Property,Trade, and Competition Law in the Context of South Africa's HIV/AIDS Pandemic

Access to essential medicines remains highly contested around the globe and a vital issue in South Africa. At the same time, the HIV/AIDS pandemic and the demand for medical services are having important political and social consequences in a society heavily impacted by the pandemic. Legal and institutional changes within the postapartheid state in South Africa are in part a reflection of the interaction of opportunities and constraints both within and across the country's geographical boundaries. The transformation of state institutions in this context has been set in motion and shaped by different policy imperatives: from demands for medical care to the promotion of economic competition and the need to implement international trade commitments, including specific levels of intellectual property protection. Despite a strong commitment to social change, to address the legacies of apartheid, as well as the relative strength and political will of the dominant political party, the African National Congress, the transformation of a number of state institutions was significantly framed by the global environment in which the country found itself. In the context of South Africa's democratic transition and the devastating HIV/AIDS pandemic, the state responded to a range of shifting opportunities and constraints, whether real or perceived. As a result, impetus was given to different policies and competing political and economic factions, enabling particular institutions and rules to be embraced, created, reshaped, or simply foregone.     

重大突发公共卫生危机下的药品专利强制许可——现实需要、伦理因应与法律安排

新型冠状病毒肺炎于2019年底在我国爆发并迅速扩散,引发了全国性的重大突发公共卫生危机。为实现特效专利药品的充分供给,实施药品专利强制许可是最为高效的选择,不仅可以消解药品专利市场运营中所固有的“反公有地”悲剧,同时也可以有效规避药品专利国际合作中技术劫持与贸易倾轧。对于以人为本的主体性原则和与人为善的有益性原则两项伦理准则的遵循,保证了药品专利强制许可实施的伦理正义;而对于药品专利强制许可申请主体扩展和药品专利强制许可补偿标准细化两项法律完善举措的采取,则使我国药品专利强制许可机制克服了自身缺陷,能够在实践中有序运行,为重大突发公共卫生危机的化解提供制度支撑。     

Co‐parenting in a Highly Conflicted Separation/Divorce: Learning about Parents and their Experiences of Parenting Coordination,Legal, and Mental Health Interventions

Sixty high‐conflict separated/divorced co‐parents completed surveys investigating characteristics and dynamics (narcissism, empathy, conflict) that were examined in relation to co‐parenting style and parents' experiences of parenting coordination, legal, and mental health interventions. Study findings for this sample did not support common notions found in the literatures on parenting coordination and high‐conflict divorce that suggest these parents are often narcissistic or low in empathy. Findings pertaining to all high‐conflict participant experiences revealed the presence of common elements across aspects of practitioners and interventions with which they were both satisfied and dissatisfied.     

J.M.还是J.D.?——中、日、美复合型法律人才培养制度比较

传统上,中、日两国法学教育属于综合法律素质养成型教育类型,并不与法律职业直接相联系。但自上个世纪九十年代以来,两国出现了借鉴美国法学院制度,探索建立法律实务教育模式的新动向。论文对法律硕士专业学位(J.M.)教育、日本的法科大学院(J.D.)、以及美国的法学院制度(J.D.)进行了比较观察。对中日两国新型法学教育制度形成与效果的关系作了分析,对法学院制度形成的路径、方式和评价机制问题作了探讨。作者认为,制度形成的关键不在于形而上的可行性讨论,根本性问题是对制度要素的观察、分析以及摄入,构成要素的摄取决定了制度的效果和命运。