敦煌学视野下的黑水城文献研究

黑水城文献与敦煌文书的相关性主要体现在:二者书写材料、形成年代、出土地点、发现时间等方面最为接近,是学缘最近的两个学科;二者发现的国际文化背景相同,文献最初流散的命运归宿相似.同时,二者也存在一定的区别:其研究对象分属不同的领域,各自构成相对独立的专门学问;二者作为代表性的版本形式和装帧形式明显不同,具有不同的时代特色.敦煌学的学术成就和学科建设对黑城学的发展具有重要的示范作用,其研究方法的成熟经验对提高黑城学的整体水平具有借鉴意义.     

Dimensions of Censorship: Reconceptualizing Public Willingness to Censor

First Amendment scholars and advocates have often criticized the American public's inconsistent dedication to free expression. Many studies have attempted to identify variables that predict pro-censorship attitudes, but such relationships remain largely enigmatic. The confusion is due, in part, to the myriad ways in which censorship attitudes have been conceptually and operationally defined. Informed by First Amendment theory and case law, a conceptual and operational approach to measuring these attitudes is proposed and tested. The results show it is important to conceptualize censorship attitudes as multifaceted.     

Communal Ties and Political Obligations

The associative argument for political obligation has taken an important place in the debate on political obligation. Proponents of this view argue that an obligation to obey the government arises out of ties of affiliation among individuals who share the same citizenship. According to them, relationships between compatriots constitute basic reasons for action in the same way in which relationships between family members or friends do. As critics point out, this account of the normative force of relationships has counterintuitive implications: if relationships between people sharing the same citizenship make up basic reasons for action, then relationships between people sharing other attributes, for example, relationships between racists or sexists form basic reasons for action too. In this essay, I pursue a modified version of the associative approach that is not vulnerable to this objection.     

Incitement of Racial Hatred

Legislation on incitement of racial hatred is an essential instrument for counteracting racist and anti-Semitic spoken or written communications. In Sweden, the various provisions, which are not only to be found in the Penal Code but also in the Ordinance on Freedom of Expression and in constitutional law on the freedom of expression, are fundamental elements of the legislation against racism, anti-Semitism and similar forms of agitation. In these provisions the legislator has set limits to the freedom of expression as far as racism, anti-Semitism, etc., are concerned. This is true regardless of whether the communication is expressed orally, as printed matter, through other media or in other ways. It is not necessary for the communication to have been disseminated publicly for punishment to be incurred; it suffices that dissemination has taken place within a limited circle. The provision appeared in its initial form in 1948. With the advent of the 1965 Penal Code it was transferred from the former Punishment Law to the new Code and has subsequently been modified in 1970, 1982 and 1988. It should be noted, however, that there is no provision for prior censorship. Each text, each symbol, each slogan, and so forth, must be adjudged by a court. The law in its basic form was sanctioned in 1956. The present article touches on trends concerning reported offences, trials and convictions during the 1990s. Unfortunately, it is not possible here to present statistics going further back in time, since the offence of incitement of racial hatred was not coded specifically in the crime statistics before that time. In the opening passages of the article, the advent of the law and important cases during the post-war period are discussed. The aim here is to describe how and why legislation has been used as well as the changes that have taken place over the past ten years.     

Adoption Support and the Negotiation of Ambivalence in Family Policy and Children's Services

In this paper ambivalent commitments to parenting and family life by the New Labour government are explored by reference to the example of adoption support. Developments in adoption illuminate contrasting expectations in family policy and children's services more generally. Traditional normative concerns to support family status and parental autonomy are unsettled by contemporary anxieties about child outcomes and social mobility. Impatience with the attitudes and behaviour of parents has led to a 'progressive universalism' in which enhanced parenting services and expectations for all are combined with increasingly insistent and targeted interventions for the particularly needy, reluctant or recalcitrant few. At the same time demands for greater service modernization and professional effectiveness have led government to position parents as (potential) consumers too. The paper discusses these policy and practice tensions and concludes that new spaces are being opened up for the negotiation between parents and professionals about rights and responsibilities in family life and its support.     

The Taming of the Internet

The Russian system of state internet censorship has been steadily expanding in recent years. The Russian government has succeeded in placing under its control both domestic and foreign internet companies operating in Russia and in establishing a system that can be used to conduct mass surveillance of internet users. However, the state censorship regime remains incomplete, as it is focused on countering small numbers of dissidents and is not designed to prevent the spread of information among thousands of users.     

新村运动中韩国政府的行政作为及其对中国的启示

为改变日益严重的工农业、城乡、区域之间发展失衡的状况，20世纪70年代初，韩国政府发起了“新村运动”并取得了巨大成就。在这一过程中，韩国政府的行政作为主要体现在：改革机构，调整支农政策，提供财政援助，发挥农协的作用，实施新村教育以及建立监查制度。借鉴韩国政府推进新村运动过程中的有益做法，对促进我国社会主义新农村建设具有十分重要的现实意义。     

Federal anti-referral status raises unanswered questions. Part I: Group practice issues

Although legislation is pending that would require the federal government is issue advisory opinions to those seeking to comply with Stark II (see Press Release #26-A, Committee on Ways and Means, U.S. House of Representatives, July 1, 1994, at 26), such legislation would not entirely solve these interpretive problems, as questions encountered under Stark II are likely to be far too frequent and the response time too long to make it practical to obtain opinions each time. Thus, until such time as Stark II is amended, clarifying regulations are issued, or courts interpret it meaning, physicians who practice in groups that provide designated services must hope that federal enforcement agencies use common sense and understanding in applying an ambiguous statute to real life situations, affording leniency toward participants in arrangements that fit within reasonable interpretations of the statute's exceptions.     

Outrunning the Past: European Influences in Building Cultural Policies in Romania and the Role of the Romanian Cultural Institute

ABSTRACT

Europeanization challenged the post-Communist countries with a series of difficulties and opportunities regarding the process of cultural policymaking. The exchange of information took place simultaneously with the process of national policymaking, influencing it. The article tackles this two-fold process and its implications in an endeavor to embrace sociocultural diversity on the one hand, and the attempt to harmonize national systems on the other hand. Culture is deeply linked to the perception of national identity, tradition, representation, and policy. Romanian culture and cultural policies have progressed through different stages in the last few decades: from Communist censorship and the disturbing period after the Revolution, to European pre-accession and post-accession, when cultural policies aimed to comply with the European directives for culture.     

Negotiated Third Party Access—An Industrial Organisation Perspective

In the course of the liberalization of European energy markets, the German government opted—diverging from all other European countries—for Negotiated Third-Party Access. In this article we analyze if, theoretically, this institutional regime can be superior to regulation. We review empirically whether certain aspects of the actual implementation, in particular publication of the network access charges for each network supplier, facilitated or inhibited competition. In the first place we reconsider previous research, showing that NTPA can—under certain conditions—be economically effective. Our empirical analysis shows that the duty of publishing access charges supported market transparency and imposed a regulatory threat, particularly to suppliers with significantly above-average charges. On the other hand observable price adjustments over time serve as an indicator of tacit collusion. Although the expensive suppliers cut their prices, the cheaper ones raised theirs.We thank Maik Heinemann, Joachim Wagner and two anonymous referees for helpful comments and the Lower Saxonian Ministry of Science and Culture for financial support.JEL Classification: D42, L43, L94     

The role of group interest,identity, and stigma in determining mental health policy preferences

Public attitudes toward mental health present an interesting puzzle. While mental health is one aspect of general health and well-being, it receives less support for government spending increases than does health care. One explanation lies with the stigma that is attached to mental illness. This stigma produces more negative attitudes on policy issues related to persons with mental illness such as government spending for mental health. However, group identification, as defined by personal experience or a family member who has experienced a mental illness, may have a strong effect on these attitudes. Using data from the 1996 General Social Survey's module on mental health. I examine this and other hypotheses and find evidence that group identification increases the likelihood of increased support for government spending for mental health. These robust findings exist even in quantitative models, which include politically relevant variables and measure identification with mental illness in two different ways. These findings suggest that mental health is policy for the few because those most supportive of government spending increases are persons who share the common identity of experiencing mental illness.     

The Art of Law

The relation between art and law is not limited to the scope of censorship or constitutional protection of works of art. The endless tension between State censorship and freedom of expression, even if it highlights the justifiable need to secure the autonomy of art vis-à-vis law, leads us to ignore the common philosophical matrix of the two normative phenomena. The article aims at illuminating the ontological, aesthetic and political parameters of the production of art/law, through the analysis of two important films, Prova d’Orchestra (Orchestra Rehearsal) by Federico Fellini and Blow Up by Michelangelo Antonioni.     

Evaluating a Police Report

An evaluation system was developed for a police department using the MAUT-Baysian (Multiple Attribute Utility-Baysian Statistics) system of strategy evaluation. This system requires the elected officials, police department, and community to jointly establish the goals for the police department. These goals are then rank ordered from most important to least important. A weighting system is then established using the least important goal as the unit of measure to ensure goal consistency.

Both objective and subjective measures were developed to help assess the success of the Department meeting these goals. Measurements included comparisons between the Department and other similar departments on areas of concern, survey results of citizen and police attitudes, and observational information. After completing the data collection for the evaluation it is placed on a matrix to aid the decision maker get a complete overview of the Department. The array allows the manager to see quickly how the Department is doing on each goal and how the Department is doing as a whole.

The management implications for the system are extensive and powerful, since the manager can see how resource allocation or change can affect overall success. By shifting small resources from lower ranked to higher ranked goals major changes in police effectiveness can be accomplished.     

Stability in Parliamentary Regimes: The Italian Case

Abstract: In this article, we distinguish legislative stability from government stability and argue that the character of the relationship that exists between them is a complex one in which various combinations are possible. We focus on Italy because of the manner in which it has combined legislative stability with government instability. Our findings indicate that the relationship between legislative and government stability in Italy is best seen as curvilinear, that the analysis of government stability must take the number of governments as well as the duration of governments into account, and that the attributes of the party system that stabilize the legislature destabilize governments. Given these findings, we discuss their implications for explaining stability in parliamentary regimes in terms of events, “strong parties,” and strategic calculation. We conclude that legislative stability should not be treated simply as a secondary or derivative effect of government stability and that Italy can serve as a benchmark for further study of the nature and determinants of the relationship between the two in other parliamentary systems.     

社会契约视域下的国家责任

社会契约是一种关于国家与社会的存在原理。其基本划分是社会契约与政府契约,其理论旨趣是探究国家何以合法与社会何以可能,其理论形态经历了漫长而复杂的历史变奏。但其基本精神始终不散:国家源于人民的同意,政府基于人民的委托;反过来,政府恪守承诺、保障人权,实现社会正义,这是无可推卸的国家责任,也是国家与政府合法性之实质基础。社会契约虽非历史的,但不减其合法性判准的实践现实性。     

Making the best of hard times: how the nation's economic circumstances shaped the public's embrace of health care reform

The U.S. Congress enacted expansive (and expensive) health care reforms amid the worst economic downturn since the Great Depression. Public acquiescence provided crucial political cover; elites on both sides struggled mightily to sway popular opinion. Were reformers' efforts made easier or more difficult by the tough economic times? Using newly available data on Americans' perceptions of economic insecurity and attitudes toward public policy, this article explores the relationship between economic circumstances and political attitudes. The findings suggest that the Great Recession both facilitated and impeded efforts to rally the public in favor of reform: perceptions of past declines in the U.S. economy bolstered government intervention, but household economic insecurity both distracted attention from large medical expenses (which otherwise legitimized collective action) and undermined Americans' support for additional government spending. Equally consequential, reformers' efforts to adapt to economic stringency by portraying reform as exclusively about affordability missed opportunities for broadening popular support for these interventions; in the longer run this may, unless corrected, prove a decisive misstep in shepherding the Patient Protection and Affordable Care Act through its long time line of implementation.     

提高政府社会建设效能与社会体制的法律构建

在以往的社会建设中,政府效能并没有达到预期的目标,其根本原因在于政府社会建设权力过于集中,没有很好地发挥广大人民群众的主动性和创造性,因此,需要通过法律构建由社会群体构成的社会体制,集中全社会力量来构建社会主义和谐社会。     

Xenophobia and violence in Germany 1990 to 2000

This article presents findings on the following themes: the spread of xenophobic attitudes in Europe; the change of xenophobic attitudes over time in Germany; xenophobic, rightwing extremist and anti‐Semitic crime in the 1990s; biographical backgrounds of xenophobic suspects; level of education and the fear of unemployment; the family risk factor — the lack of reliable and adequate nonviolent care; the saliency of prejudices and the readiness to carry out violent acts; the coincidence of economic fear and immigration. The findings lead to following conclusions: (1) Problems in family socialization can generate stronger prejudices and propensity to violence. (2) There is a cultural factor: the cognitive dissonance caused by the settlement of strangers is higher in smaller towns and villages than in urban areas. (3) More important, however, is the factor of disappointed economic aspirations, especially in East Germany. Xenophobic attitudes cumulate among groups who, because of their low qualifications, fear competition with immigrants for jobs, housing and welfare benefits and perceive government aid to the latter as ‘'unjust preferential treatment.’’     

JUST: a measure of jury system trustworthiness

ABSTRACT

Three studies developed and tested a new measure of the perceived trustworthiness of the jury system, the 23-item Jury System Trustworthiness (JUST) scale, and assessed the scale’s convergent and discriminant validity. Study 1 assessed the scale’s factor structure and relation to other relevant constructs. In Studies 2 and 3, the JUST scale was administered to participants in two separate mock juror studies. The results of all three studies supported the hypothesized factor structure of the measure but showed that a simplified, 7-item measure was also effective. Overall, participants’ perceptions of juries were moderately positive, and the JUST scale was related to attitudes toward the police, authoritarianism, belief in a just world, juror bias, preference for a jury (vs. a bench) trial, and intention to respond to a jury summons. It also explained a unique portion of the variance in jury-specific beliefs and behavioral intentions, such as preference for a jury trial and response to a summons, beyond that accounted for by other legal attitudes. The JUST scale was not related to verdict decisions in either mock trial after controlling for authoritarianism. Several individual differences (e.g. age, race/ethnicity) were also related to attitudes toward the jury system.     

Regulating security on the Internet: control versus trust

ABSTRACT

This article focuses on the role of government in relation to cybersecurity. Traditionally, cybersecurity was primarily seen as a technical issue. In recent years, governments have realised that they, too, have a stake in securing the Internet. In their attempts to grapple with cybersecurity, governments often turn to technical solutions to ‘code away’ illegal or undesired behaviours. ‘Techno-regulation’ has become popular because it may seem to be an effective and cheap way of increasing control over end users’ behaviours and increasing cybersecurity. In this article, we will explain why using techno-regulation has significant downsides and, therefore, why it may be unwise to use it as a dominant regulatory strategy for securing the Internet. We argue that other regulatory strategies ought to be considered as well, most importantly: trust. The second part of this article explains that trust can be used as an implicit strategy to increase cybersecurity or as an explicit mechanism for the same goal.