后代人权利理论批判

当今世界环境学科领域存在着具有广泛影响的“后代人权利”理论。但后代人权利论者用以支持后代人权利的各种证据都无法在逻辑上必然推出后代人享有权利的结论。后代人权利理论赖以成立的预设性前提也是虚构的客观事实。虽然近代以来,传统权利的主体范围确实有所扩展,但这种扩展并非是随意的。权利不可能扩展到后代人权利论者所说的“后代人”身上。环境义务是后代人权利理论的本质,也是后代人权利理论的正确出路和归宿。     

Justice and intergenerational relations: An introduction

Gerontologists have rarely considered the concept of social justice in their research. Instead, related but more specific questions about the social situation of the aged have been posed. This paper provides an overview of existing social psychological literature on justice and intergenerational relations as a context for the five other papers contained in this issue. The importance of intergenerational justice within the family, particularly when there is a caretaking relationship, is stressed. As well, the policy implications of a concern with intergenerational justice are considered. The Paper concludes with a recommendation that gerontology and social justice research be integrated more frequently in order to enrich both fields of study.     

Justice in old age: An analysis of corporatist social theory

It is sometimes argued that a tacit contract exists between the generations in industrial society that requires that the present structure of Social Security benefits not be altered in any way that would serve to diminish the present benefit levels. The demands of social justice, it is thought, require that Western societies maintain their commitments to Social Security programs, especially to those programs of the type administered in the United States. This paper examines questions of justice pertaining to the aged in contemporary society. It is argued here that the demands of justice pertain not only to the satisfaction of basic needs for subsistence but also to the satisfaction of the need for self-realization. The commitment of capitalist nations like the U.S. to social justice for the aged is analyzed using a theory of justice that is based on Durkheim's political writings on corporatism and the solidarist theory of the Catholic social movement. The corporatist theory of justice would require that public pension systems like Social Security be revised to provide more adequately for the social needs of the working-class aged.     

Attitudes and Family Violence: Linking Intergenerational and Cultural Theories

Drawing on intergenerational transmission and cultural (attitudinal) theories, this study examines the extent to which attitudes help explain (1) the relationship between experiencing violence while growing up and subsequent violence against one amp apose;s children and spouse, and(2) demographic differences in violence. Structural equation modeling techniques are used to examine data from a representative sample of the general population and a sample of ex-offenders. The findings indicate that experiencing violence while growing up is related to favorable attitudes towards violence against spouses. The experience of violence while growing up and attitudes are related to violence against both children and spouses. The relationship between experiencing violence while growing up and engaging in violence against spouses is mediated by attitudes. The results also suggest that men and nonwhites are more approving of violence towards spouses. However, attitudes do not account for demographic differences in violence against children and spouses.     

Factors Mediating the Link Between Witnessing Interparental Violence and Dating Violence

The present study examined several protective and vulnerability factors in a subsample of adolescents who witnessed high levels of interparental violence to determine what factors differentiated adolescents who inflicted (and received) violence in their dating relationship and those who had violence-free dating relationships. Findings revealed that males who witnessed high levels of interparental violence, who inflicted violence in their dating relationships, were differentiated from those who had violence-free relationships by the following variables: low socioeconomic status, exposure to community and school violence, acceptance of violence in dating relationships, and low self-esteem. Low socioeconomic status and acceptance of violence in dating relationships differentiated males who experienced dating violence and those who had not. With regard to females, exposure to community and school violence, poor school performance, and experiencing child abuse differentiated those who inflicted dating violence from those who had not, while poor school performance and experiencing child abuse differentiated females who experienced dating violence and those who had not. Implications of the findings are discussed.     

The Relationship Behavior Networks of Young Adults: A Test of the Intergenerational Transmission of Violence Hypothesis

The purpose of this study was to determine how negative relationship behaviors are structured in the semantic networks of young adults from violent versus nonviolent homes. Participants included 110 students (72 females and 38 males) from a large Midwestern university who were enrolled in an introductory psychology class. They completed a sorting task that involved relationship behavior stimuli. As hypothesized, differences were found in the composite sorting patterns, as represented by multidimensional scaling (MDS) solutions, for three different groups categorized by their family-of-origin violence history (i.e., nonvictimized by/did not witness parental violence, None; victimized only, Victim; and both witnessed/victimized, Both). Interpretations of the MDS solutions revealed different associations between violent and nonviolent conflict behaviors for victimized versus nonvictimized individuals, suggesting different semantic associations for conflict for individuals in the two groups. In a second set of analyses, separate solutions were generated for perpetrating and nonperpetrating individuals from violent families. Perpetrator and nonperpetrator solutions were also found to differ significantly. These findings suggest that relationship-specific semantic networks are associated with both past and current experiences with violence. One interpretation of these findings is that cognitive differences, generated in the family of origin, may serve to perpetuate a cycle of violence in subsequent romantic relationships.     

对保障措施中“未预见的发展”要件的解读——兼论我国调查报告的完善

保障措施是WTO允许的规范国际贸易秩序、保护国内产业安全的重要措施之一,而采取保障措施,必须符合WTO法律制度所规定的各种条件。关于“未预见的发展,”一直以来就是一项充满争议的要件。通过对WTO保障措施争端解决案的研究,可以对这一要件作出解读,并对我国有关主管部门采取保障措施的调查报告提出建议,从而使其更加符合WTO规则,避免在未来的争端解决程序中遭受不利的裁决。     

THE APPLE DOESN'T FALL FAR FROM THE TREE (OR DOES IT?): INTERGENERATIONAL PATTERNS OF ANTISOCIAL BEHAVIOR—THE AMERICAN SOCIETY OF CRIMINOLOGY 2008 SUTHERLAND ADDRESS*

There is a growing literature on intergenerational studies of antisocial behavior and a growing understanding of the unique contributions they are likely to make. At the same time, the field has yet to agree on core design features for intergenerational study. In this article, I propose a set of defining design elements that all intergenerational studies should meet and I discuss the advantages of these studies for enhancing our understanding of the onset and course of delinquent careers. I then use data from the ongoing Rochester Intergenerational Study to illustrate these points and the potential yield of intergenerational studies. In particular, I examine intergenerational continuities in antisocial behavior and school disengagement, test the cycle of violence hypothesis to see whether a history of maltreatment increases the likelihood of perpetration of maltreatment, and estimate a structural equation model to help identify mediating pathways that link parents and children with respect to antisocial behavior.     

Intergenerational offending in Liverpool and the north-west of England, 1850–1914

Using contemporary sources from the north-west of England in the Victorian period, the authors examine the putative connections made by contemporaries which linked together ‘bad’ parenting and the transmission of criminal traits. Poor parenting practices were a prevalent explanation for juvenile (leading onto sustained) delinquency, especially in the mid to late nineteenth century. Popular narratives by Charles Dickens and media opinion-formers were very influential in depicting neglectful mothers who did not socialise their children into law-abiding, useful members of society, and criminal fathers who inducted their children into their own criminal affairs and organisations. This article examines the reality of intergenerational offending (using prison- and court-generated data) to show that there is very little convincing research that proves direct intergenerational transmission of offending practices (i.e. parent-to-child-offending transmission). The authors then examine other possible routes of intergenerational offending using case studies and archival research, and the article concludes that environmental/socio-economic conditions and wider familial/neighbourhood relationships were, in fact, the main trigger for onset of offending, and the maintenance of criminal careers, rather than direct familial transmission. The article is therefore an important marker in understanding the processes which inhibit/generate criminality in a significant number of juvenile offenders in this period.     

PARENTAL INVOLVEMENT IN THE CRIMINAL JUSTICE SYSTEM AND THE DEVELOPMENT OF YOUTH THEFT,MARIJUANA USE,DEPRESSION, AND POOR ACADEMIC PERFORMANCE*

Explanations for the fact that crime tends to run in families have focused on the deprived social backgrounds of criminal parents, methods of child‐rearing, modeling processes, and genetic mechanisms. However, parental involvement in the criminal justice system itself also might contribute to the intergenerational transmission of crime and have other adverse effects on children's well‐being. We investigated the development of youth problem behavior in relation to parental arrest, conviction, and incarceration in the youngest and oldest samples of the Pittsburgh Youth Study, a longitudinal survey of 1,009 inner‐city boys. Parental arrest and conviction without incarceration did not predict the development of youth problem behavior. Parental incarceration was not associated with increases in marijuana use, depression, or poor academic performance. However, boys experiencing parental incarceration showed greater increases in theft compared with a control group matched on propensity scores. The association between parental incarceration and youth theft was stronger for White youth than for Black youth. Parenting and peer relations after parental incarceration explained about half of its effects on youth theft. Because the effects of parental incarceration were specific to youth theft, labeling and stigma processes might be particularly important for understanding the consequences of parental incarceration for children.     

Economic Analysis,Environmental Policy,and Intergenerational Justice in the Reagan Administration The Case of the Montreal Protocol

Economic arguments played a significant role in the decision by the Reagan Administration to lead the international effort to protect the stratospheric ozone layer from depletion caused by certain otherwise useful industrial chemicals. During the period prior to the signing of the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987, it was recognized within the Administration that ethical considerations (involving the valuation of risk and intergenerational equity) were essential components of the economic analysis. Adoption of a principle of intergenerational neutrality had the consequence that any reasonable comparison of the benefits of ozone layer protection to the costs of regulatory control overwhelmingly favored regulation.