"旁观者"知识学与"参与者"知识学

我国教育社会学的复苏之时,正是新教育社会学的研究成果繁荣昌盛之期.以反思教育知识的社会构成为核心的新教育社会学,深受知识社会学学问理路与问学气质的影响.在面对当前社会转型与教育知识变革的背景下,走出"知识与控制"的解释框架,从更具实践性的"知识与行动"这一分析框架入手提出问题,并寻求重新理解与解释教育现实的可能.     

Tennessee Citizen Police Academies: Program and Participant Characteristics

Citizen police academies (CPAs) are popular programs developed by police departments with the twin goals of educating the public about law enforcement and improving police-community relationships. Citizen police academies can help law enforcement agencies by providing them with graduates who may support police departments through volunteering, crime reporting, advocacy, and crime prevention. CPAs may aid citizens by providing them with opportunities to work with the police to make their communities safer. During the course of the citizen police academy, not only will participants have opportunities to learn more about the police depar'tment and their communities, but they may be given opportunities to patrol with police officers, solve mock crime scenes, or attend moot court. This study examines citizen police academies in Tennessee and provides an exploratory investigation of the programs and its participants. Data obtained from 31 police departments indicate CPA programs with more than a 20 year history in Tennessee. Results of a pretest and posttest of 4 citizen police academies’ participants found that attending these programs significantly and positively changed participants’ familiarity with the police chief, local law enforcement, community crime, and the criminal justice system.     

对“参与式”政府绩效评估制度的评估

近年来,以大规模公众参与为特征的民众评价政府绩效的活动在实践中得到广泛尝试。这种绩效评价模式可称之为“参与式政府绩效评价”,其主要表现是通过网络和问卷方式,由公众对政府绩效进行评价,其目的是提升行政活动的民主正当性。但是,参与式绩效评价在实践中并没有兑现其制度设计的预期目标。其原因主要在于这种参与式绩效评价模式缺乏必要的程序性保障机制,导致制度实践的功能障碍。     

The Effect of Participant Sex,Victim Dress,and Traditional Attitudes on Causal Judgments for Marital Rape Victims

This study investigated the effects of participant sex, victim dress, and attitudes influencing the tendency to blame a marital rape victim. College undergraduates completed the Attitudes toward Marriage Scale, an intervening cognitive task, and a read fictitious scenario of a marital rape incident where the victim was dressed somberly or seductively. Participants then completed a brief questionnaire. As predicted, males rated the victim more deserving of the attack than females. As predicted, the suggestively dressed victim was rated more responsible and deserving than the somberly dressed victim. As predicted, participants holding more traditional attitudes toward marriage were more likely to assign more victim responsibility and deservingness than participants with more egalitarian attitudes. These findings are discussed within an attitudinal framework.     

A Participant Evaluation of the U.S. Navy Parent Support Program

This study reports on the results of a program evaluation of the U.S. Navy New Parent Support Program (NPSP). NPSP is comprised of two components: center-based parenting classes and home-based visits. Data are presented on: (a) satisfaction with program quality, (b) how well the program met its primary objectives (e.g., helps reduce parenting stress), (c) how well the NPSP met its Reasons for Being (RFBs; e.g., Helps service members concentrate on their job), and (d) program impact on mission-related outcomes (i.e., quality of life (QOL), readiness, and program impact on their decision to remain in the military). Results indicate that parents who take part in both the parenting classes and home-based visits report that the program exceeded their expectations, the program improved their perceptions of their parenting and coping skills, they perceived that the program demonstrated the Navy’s concern for Sailors and their families, and the program enhanced the family’s quality of life. Implications of study findings are discussed.

A Participant Evaluation of the U.S. Navy Parent Support Program

This study reports on the results of a program evaluation of the U.S. Navy New Parent Support Program (NPSP). NPSP is composed of two components: center-based parenting classes and home-based visits. Data are presented on: (a) satisfaction with program quality, (b) how well the program met its primary objectives (e.g., helps reduce parenting stress), (c) how well the NPSP met its Reasons for Being (RFBs; e.g., Helps service members concentrate on their job), and (d) program impact on mission-related outcomes (i.e., quality of life (QOL), readiness, and program impact on their decision to remain in the military). Results indicate that parents who take part in both the parenting classes and home-based visits report that the program exceeded their expectations, the program improved their perceptions of their parenting and coping skills, they perceived that the program demonstrated the Navy's concern for Sailors and their families, and the program enhanced the family's quality of life. Implications of study findings are discussed.

Settlement Agreements: The European Perspective

Key points. This note provides a brief consideration of pasttreatment of settlement agreements in Europe and a considerationof the underlying rationale for scrutinizing such agreementsunder EC competition law. It suggests that a reason for lessfocus by the authorities in Europe than in the US is the generalinterest of the parties in keeping the details of such agreementsconfidential, combined with a lack of any obligation to notifythe authorities. Practical significance. Companies should be reminded of thepossible application of the EC rules to patent settlement agreementsat a time when the Commission has shown a renewed willingnessto review conduct relating to IP and when national authoritiessuch as the OFT have reiterated a willingness to get to gripswith conduct that delays generic entry.     

论常识主义刑法观

刑法学发展至今貌似精巧,但理论构造似乎离生活常识越来越远,使得理论与公众的规范感觉、认同感觉之间的分歧很大。刑法研究无论走何种道路,可能都面临需要重新思考的问题:在我们的生活当中,哪些是常识性的东西,亦或哪些是生活经验上特别值得重视的东西。刑法学回归常识主义,要重视两个问题:一方面,刑法本身对社会有什么益处?或者刑法的社会功能究竟是什么?另一方面,刑法学回归常识主义,是否有可能性?亦即使刑法学和生活常识接近,或者尽量回归生活常识、尽量让公众能够去认同是否有可能?如果有可能,则其出发点或者基点是什么?常识主义刑法观对于欧陆刑法学会给予特别关注,强调跨文化的刑法趋同性,肯定了通过刑法保护社会中通行的规范关系的重要性。     

Trial Advocacy Competence: The Judicial Perspective

The competence of attorneys, and more particularly the competence of trial lawyers, is currently an issue of considerable controversy both within the judiciary and within the legal profession itself. This article addresses the issue of attorneys' courtroom performance as observed by judges. Drawing on data from a survey administered to state and federal judges sitting in trial courts of general jurisdiction, this article explores the relationship of demographic and judicial characteristics to various judicial evaluations of advocacy competence. While it provides important insights into the present state of trial advocacy competence, it also constitutes a systematic examination of the judiciary's perceptions of the trial bar.     

行政立法中部门利益法制化的防范

行政立法中部门利益法制化是我国社会发展中面临的新问题,市场经济的逐利性是主要外因,行政权的双重性和公务员身份的双重性是其主要内因.解决这一问题的主要途径应从社会主义法治发展的趋势中寻找,坚持依法行政,坚持民主、科学的立法原则,从实质和程序两方面规范行政立法行为,推进对行政行为司法审查方面的改革.     

Shadow Writing and Participant Observation: A Study of Criminal Justice Social Work Around Sentencing

The study of decision‐making by public officials in administrative settings has been a mainstay of law and society scholarship for decades. The methodological challenges posed by this research agenda are well understood: how can socio‐legal researchers get inside the heads of legal decision‐makers in order to understand the uses of official discretion? This article describes an ethnographic technique the authors developed to help them penetrate the decision‐making practices of criminal justice social workers in writing pre‐sentence reports for the courts. This technique, called ‘shadow writing’, involved a particular form of participant observation whereby the researcher mimicked the process of report writing in parallel with the social workers. By comparing these ‘shadow reports’ with the real reports in a training‐like setting, the social workers revealed in detail the subtleties of their communicative strategies embedded in particular reports and their sensibilities about report writing more generally.