宪法实施状况的评价方法及其影响

本文从全面和系统地分析目前国内外宪法学界对宪法实施的研究状况出发,指出当下宪法实施理论研究方面存在的问题主要在于没有准确地界定宪法实施概念的性质,以及没有对宪法实施建立起一套科学和合理的分析系统。作者认为,从理论来看,宪法实施是使静态宪法变成动态宪法,宪法实施概念所要解决的主要理论问题是"行动中的宪法",但是宪法实施是一个集主观评价与客观实践于一体的复杂现象,必须要在认真分析宪法实施对象的特征,并在此基础上做出分门别类研究,对实施可能性做出区别对待基础上,才能进行科学的分析;从实践来看,宪法实施概念具有很强的目的性,需要解决特定的宪法问题,因此,离开了具体目的性的指引,纯粹的抽象意义上的宪法实施,在实践中,不仅不利于树立宪法本身的权威形象,相反还会严重影响宪法作为根本法自身所具有的科学性和规范性。     

Informal economic activity: Early thinking, conceptual shifts, continuing patterns and persistent issues – a Michigan study

In this paper we review theoretical perspectives on the informal economy that developed during the period 1958–1992. We describe shifts in thinking in two phases that we identify as ‘first wave studies’ and ‘second wave studies,’ and we identify a series of critical theoretical issues that emerged from the thinking during these periods. Then, focusing on the state of Michigan, USA, we examine empirical research that was conducted in the second wave and compare the results with a state survey that we conducted in 2005. The overall aim of this paper is to summarize the extent of theoretical and empirical studies of informal economy before the more recent postmodern informed analysis of the 1990s, and to document shifts in patterns of informal economic activity as this is revealed from the research. We conclude with a discussion of theoretical and empirical questions that have begun to be addressed in the last 15 years of what has now been 50 years of research on this topic.     

Spectral analysis of reported crime data

This paper applies spectral analysis to data on reported crimes for a medium-sized city. The objective is to examine certain aspects of the statistical properties of crime data, as well as to illustrate the utility of the spectral-analytic method for criminal justice research. A discussion of the theoretical underpinnings of the spectral analysis technique is provided through analogy with familiar least squares regression methods. Both spectral and cross-spectral analysis are then employed to test selected hypotheses concerning the data.     

Violence and Gangs: Gender Differences in Perceptions and Behavior

Most research on violence has focused on males, but recent studies indicatethat females are also involved in violent crimes. Few studies, to date,have examined whether different or similar models explain male and femaleinvolvement in violent behavior. In the current research, we examine therelative contribution of social bond, self-control and social learningconcepts to the explanation of male and female violent offending. We alsoexplore the unique contribution of gang membership, school environment andprior victimization to these explanatory models. Using a multisite sampleof eighth-grade students, we find that results of a Chow test indicate theneed for separate theoretical models. Despite some similarities, differentfactors account for male and female rates of violent behavior.     

Behind the Walls and Beyond: Restorative Justice,Instrumental Communities,and Effective Residential Treatment

Although restorative justice principles and practice have been applied extensively in community‐based juvenile justice settings, implementation in residential treatment facilities has been far less common. We describe recent experimentation and possibilities for broader application to disciplinary infractions, the response to harm and crime, promoting community and citizen input, “community building” for conflict resolution skill development and changing the culture of facilities, and reentry. We conceptualize three “communities” as most relevant to addressing needs of incarcerated youths, their victims, and support groups, and then discuss theoretical frameworks and empirical research supportive of restorative practice in this context. Challenges to implementation of restorative practice, compatibility with other treatment and disciplinary agendas, and concerns about preserving the integrity of the model are also considered.     

The legislative recreation of RICO: Reinforcing the ``myth' of organized crime

This paper uses historical content analysis to examine the implementation ofthe Racketeer Influenced Corrupt Organizations Act (RICO). It is argued thatthe historical events leading to the definition of organized crime as an alienconspiracy still affect RICO's use some 30 years after its passage. This paper applies state-centered theory to the theoretical frameworks of sociology of knowledge and innovation diffusion. This approach is used to relate the current implementation and controversy of RICO to the alien conspiracy view. Thought of in this context, legal implementation is the result of a knowledge creation and diffusion process. This paper demonstrates how one knowledge diffusionprocess (the acceptance of organized crime as a national conspiracy in 1970) leads to a new knowledge diffusion process (the use of RICO).     

Developing a sustainable competitive advantage: absorptive capacity,knowledge transfer and organizational learning

This study proposes a theoretical model to investigate a sustainable competitive advantage (CA) by developing the absorptive capacity (AC), knowledge transfer (TR), organizational learning (OL) and in Taiwan’s financial and high technology industries. Structural equation modeling is employed to examine the influence between each variable and whether their relationships are varied in these two different industries. The study population comprises the top 100 financial and top 1000 high-technology enterprises in Taiwan published by Common Wealth Magazine in 2012. A total of 345 valid responses were collected. The research results indicate that OL serves as partial and full mediators between AC, TR and CA respectively. In addition, moderating effect exists in different industries on the theoretical model. Finally, discussion and implications are described for concluding research findings.     

Juvenile Court Context and Detention Decisions: Reconsidering the Role of Race,Ethnicity, and Community Characteristics in Juvenile Court Processes

The relationship between race/ethnicity, community dynamics, and juvenile court processes has long been established. Prior research has relied on city‐ or county‐level measures of community characteristics (e.g., racial composition, poverty) to examine how racial groups are processed within juvenile courts. To date, no study has utilized finer scale measures of geographic areas to examine how characteristics of juveniles’ communities impact court decisions. By utilizing official juvenile court data from a city in the southwest, this study draws upon attribution theory to examine how economic and crime community‐level measures directly and indirectly influence detention outcomes. Findings reveal that the effect of race and ethnicity in detention outcomes varies across communities, and the effect of ethnicity in detention decisions is mediated by economic community‐level measures. The theoretical and policy implications of the study findings are discussed.     

Legal Pluralism,Gendered Discourses,and Hybridity in Land‐titling Practices in Cambodia

This article describes and analyses the tensions, ambivalence, and hybridity that prevail in the nexus between discourses of gender and the legal pluralism of the new, formalized, and customary ways of handling land titles. Based on empirical research in Cambodia, it reveals a number of mechanisms, challenges, and inconsistencies in the practice of land‐titling. Foremost, the practice of titling seems to be highly informed by local discourses of marriage, family, gender, and age, which all affect to whom land is assigned; this leaves a hybrid construction in the nexus between statutory law and customary practices. The article departs from this observation and adds three contributions – on a theoretical level – to existing research: by incorporating the dimensions of discourse analysis and legal hybridity, by linking the concept of legal pluralism to the process of hybridization, and by introducing the notion of hybridity of implementation as a supplement to hybridity of law.     

HISTORICAL CONTINGENCIES AND THE EVOLVING IMPORTANCE OF RACE,VIOLENT CRIME,AND REGION IN EXPLAINING MASS INCARCERATION IN THE UNITED STATES

This article combines insights from historical research and quantitative analyses that have attempted to explain changes in incarceration rates in the United States. We use state‐level decennial data from 1970 to 2010 (N = 250) to test whether recent theoretical models derived from historical research that emphasize the importance of specific historical periods in shaping the relative importance of certain social and political factors explain imprisonment. Also drawing on historical work, we examine how these key determinants differed in Sunbelt states, that is, the states stretching across the nation's South from the Atlantic coast to the Pacific, from the rest of the nation. Our findings suggest that the relative contributions of violent crime, minority composition, political ideology, and partisanship to imprisonment vary over time. We also extend our analysis beyond mass incarceration's rise to analyze how factors associated with prison expansion can explain its stabilization and contraction in the early twenty‐first century. Our findings suggest that most of the factors that best explained state incarceration rates in the prison boom era lost power once imprisonment stabilized and declined. We find considerable support for the importance of historical contingencies in shaping state‐level imprisonment trends, and our findings highlight the enduring importance of race in explaining incarceration.     

Prisoners' Adjustment, Correctional Officers, and Context: The Foreground and Background of Punishment in Late Modernity

Past research indicates that front-line criminal justice workers are the critical players in determining whether innovations in penal policy are realized. Recent attempts to understand the diversity in the application of the penal harm movement have, however, sidestepped the primary audience of these policies, the population of convicted offenders. This article uses data from two prisons to examine the effects of correctional officers on women prisoners' adjustment to prison life. Using regression models and interview data, we find that correctional officer behavior has a profound impact on women's ability to adjust to prison, and this effect is largely independent of the prisoners' characteristics and the institutions in which they are housed. On a theoretical level, the findings speak to recent calls to examine the background and foreground of penal culture. On a practical level, they highlight the need to understand the environments from which women are emerging, not just the communities into which they are released.     

Social learning and adolescent deviance abstention: Toward understanding the reasons for initiating,quitting, and avoiding drugs

Tests of theories that attempt to explain why individuals currently use drugs are widespread; however, the theoretical examinations of abstention from drugs and the cessation of their use are rare. For its part, social learning theory has been supported consistently in its delineation of the process by which substance use is learned. We propose that cessation and abstention are also learned behavior. Using logistic regression analysis, we examine the ability of social learning variables to distinguish among abstainers, current users, and former users of illicit drugs within a sample of 1688 middle- and high-school students in two widely separated nonurban communities. Results indicate that social learning variables clearly distinguish abstainers from current users but are less able to distinguish former users and current users or former users from abstainers. The theoretical, research, and policy implications of these findings are examined in detail.     

Preferences and agreement in legislative parties: testing the causal chain

This research note focuses on two specific dimensions of legislative cohesion: the homogeneity of preferences within a party and party agreement. Although these two dimensions have often been considered as synonyms, it is argued that these two concepts refer to different realities. The authors therefore develop distinct measurements for these two concepts. The authors then examine their statistical relationship, putting to the test the widespread assumption that heterogeneous preferences increase the probability of disagreement. The authors do so by testing the effect of different measures of a member of parliament’s ideological distance to her/his party on her/his self-reported frequency of disagreement with her/his party. It is demonstrated that the causal chain linking both concepts is only verified in the case of a conscious ideological distance. The results have crucial theoretical and methodological implications for future research on party cohesion and party unity.     

Keeping Creativity Downtown: Policy Learning from San Francisco,Seattle, and Vancouver for Municipal Cultural Planning in Toronto

I examine Toronto's interest in the policy learning process regarding possible solutions to development pressure downtown though understanding policies from San Francisco, Seattle, and Vancouver. Grounded by the analysis of creative city interventions and incorporating a theoretical framework of policy adaptation, the investigation is informed by interviews with fifty-one multi-sector stakeholders, historical and archival materials, and policy documents. Return to urban living and the creative cities movement challenge city centers in preserving creative and cultural businesses and organizations. Emergent data themes include: (1) research and strategic planning; (2) stakeholder partnerships; and (3) economic development incorporating economic benefit and social good.     

Talk like a man,walk like a woman: an advanced political communication framework for female politicians

One of the most significant developments of the past decade in the political arena has been the integration of women into senior political positions. Previously, there was a common assumption that female politicians wishing to succeed had to adopt the male communication model, both verbally and non-verbally. This study aims to examine the communication patterns of women in the political sphere. Twenty-four speeches by 12 female politicians in senior political positions from five democratic Western countries were analysed. All speeches were delivered in the respective countries’ legislatures, between 2009 and 2012. This study presents a theoretical framework that maps gender accountability structures of verbal and non-verbal communication patterns. The findings delineate an advanced communication model that indicates that female politicians’ communication consists of a combination of feminine non-verbal communication patterns and masculine verbal communicative expressions. The study expands the theoretical and analytical research on female politicians and develops a gender-communication approach to political communication.     

Reassessing the family-delinquency association: Do family type, family processes, and economic factors make a difference?

The present study drew on four competing theoretical perspectives to examine the relationship between family structure and juvenile delinquency. Using data from the Add Health Study, the authors examined nonserious and serious delinquent behavior across youth from different types of households and also considered how the association between family structure and delinquency might be conditioned by family processes and economic factors. Results from negative binomial regression analyses indicated that, in general, type of household was not a significant predictor of nonserious or serious delinquency. Rather, maternal attachment emerged as the most important determinant of delinquent behavior among youth from all family types. The results are discussed within the context of Hirschi's original interpretation of social control theory and future directions for research are suggested.     

我国行政行为非强制化走向之述评与前瞻

非强制行政行为是我国行政法学的一个新范畴,由于对其研究处于初始阶段,许多实践误解依然存在,一些重大理论分歧尚未得到充分解决。本文通过对非强制行政行为的内涵、实际运用状况以及理论研究现状的描述与总结,肯定了其在我国存在的历史必然性与合理性,同时针对其尚需完善的问题提出了初步构想。     

Self-Control,Violent Offending,and Homicide Victimization: Assessing the General Theory of Crime

Criminologists have long recognized that offending and victimization share common ground. Using Gottfredson and Hirschis general theory of crime, with its emphasis on self-control as a theoretical backdrop, we examine the extent to which self-control is related to both violent offending and homicide victimization. To examine this issue, we use 5-year post-parole data on violent offending and homicide victimization from a sample of parolees from the California Youth Authority. Using rare-events logistic regression models, results indicate that self-control is related to each outcome, but that other risk factors are also uniquely related to each outcome. The implications of this study for theory and future research are addressed.To whom correspondence should be addressed: Department of Criminology, Law and Society, University of Florida, P.O. Box 115950, 201 Walker Hall, Gainesville, FL 32611-5950; Phone: +1-352-392-1025, ext. 213; E-mail: apiquero@ufl.edu     

Safety demand and supply: An alternative to fear of crime

This review provides an opportunity to assess the current state of gang research and suggest directions for its future. There has been a dramatic increase in research on gangs, gang members, and gang behavior since the early 1990s, making this review especially timely. We use Short’s three-level framework of explanation to organize the findings of prior research, focusing on individual-, micro-, and macro-level research. Attention is focused on the findings of such research, but we also examine theoretical and methodological developments as well. Drawing from Short and life-course research, we introduce a cross-level temporal framework to guide future directions in gang research.     

Reexamining the correlates of adolescent violent victimization: the importance of exposure, guardianship, and target characteristics

The present study examines the relative contributions of various theoretical constructs to violent victimization by operationalizing multiple measures of exposure to motivated offenders, guardianship, and target characteristics. Using a nationally representative sample of American adolescents, we conducted principal components factor analysis and logistic regression analysis to examine whether such measures do in fact represent empirically distinct constructs and if they are each correlated with violent victimization risk. Findings suggest that both nondelinquent and delinquent routine activities which expose adolescents to motivated offenders increase risk of victimization. In terms of guardianship, parental attachment appears to protect adolescents from victimization, although direct parental control actually increases risk. Finally, only one of four target characteristics-psychological vulnerability-was significantly associated with violent victimization risk. We discuss the implications for theory and future research in light of the findings.