当代侵权法比较研究

侵权法在两大法系中所采路径截然不同、风格各异,这一特点与具体规则模式和一般原则模式之间的现代法律理论的区别是相伴而生的。比较侵权法的焦点主要不是实体问题,而是侵权法的基本结构和模式问题。在侵权法的诸多具体制度上,两大法系远比普遍认为的那样更为相近,二者之间并没有不可逾越的障碍和差别。     

Correlates of Co-production: Evidence From a Five-Nation Survey of Citizens

ABSTRACT

We employ data from an original survey of citizens in the UK, France, Germany, Denmark, and the Czech Republic to examine correlates of citizen co-production of public services in three key policy areas: public safety, the environment, and health. The correlates of co-production we consider include demographic factors (age, gender, education, and employment status), community characteristics (urban, non-urban), performance perceptions (how good a job government is doing), government outreach (providing information and seeking consultation), and self-efficacy (how much of a difference citizens believe they can make). We also report on results from a series of focus groups on the topic of co-production held in each country.

Our results suggest that women and elderly citizens generally engage more often in co-production and that self-efficacy—the belief that citizens can make a difference—is an especially important determinant across sectors. Interestingly, good outcome performance (in the sense of a safe neighborhood, a clean environment, and good health) seems to discourage co-production somewhat. Thus citizens' co-production appears to depend in part on awareness of a shortfall in public performance on outcomes. Our results also provide some evidence that co-production is enhanced when governments provide information or engage citizens in consultation. The specific determinants vary, however, not only by sector but across national contexts.     

(Im)possible citizens: Canada's ‘citizenship bonanza’ and its boundaries

This article discusses a recent amendment to the Canadian Citizenship Act, which retroactively restores or gives Canadian citizenship to ‘hundreds of thousands of unsuspecting foreigners, most of them Americans’ (P. Dvorak, 2009. Canada issues a wake-up call: you may be a citizen. The Wall Street Journal, 17 April. Available from: http://online.wsj.com/article/SB123993183347727843.html) while also restricting the inheritance of Canadian citizenship to the first-generation born abroad. Aiming to redress past discriminations based on gender, marital status and dual citizenship while simultaneously curtailing modern citizenship's dubious ius sanguinis provision, the new law might be interpreted as perpetuating Canada's reputation as a world leader in interethnic relations and human rights. A contextual analysis of the new law, by contrast, shows that the opposite is the case: the boundaries that are being drawn by Canada's new citizenship regime follow the now common trend of re-ethnicization and securitization. Specifically, they conflate kinship and Whiteness, thereby leading, on the one hand, to the construction of possible citizens whose authenticity and loyalty to the nation are unquestioned. On the other hand, within the logic of the new laws and their surrounding discourses, non-White, non-Christian ‘impossible citizens’ emerge, whose lack of loyalty and instrumental use of their Canadian passport are said to be eroding the value of citizenship from within.     

Information exchange networks at the climate science‐policy interface: Evidence from the Czech Republic,Finland, Ireland,and Portugal

Scientifically informed climate policymaking starts with the exchange of credible, salient, and legitimate scientific information between scientists and policymakers. It is therefore important to understand what explains the exchange of scientific information in national climate policymaking processes. This article applies exponential random graph models to network data from the Czech Republic, Finland, Ireland, and Portugal to investigate which types of organizations are favored sources of scientific information and whether actors obtain scientific information from those with similar beliefs as their own. Results show that scientific organizations are favored sources in all countries, while only in the Czech Republic do actors obtain scientific information from those with similar policy beliefs. These findings suggest that actors involved in climate policymaking mostly look to scientific organizations for information, but that in polarized contexts where there is a presence of influential denialists overcoming biased information exchange is a challenge.     

The modern trends in alcohol, drugs and driving research

Research on alcohol, drugs and driving can be broadly separated into experimental and epidemiological studies. Every approach has its inherent advantages and disadvantages. Experimental studies can result in an interpretation by single cause, but can only identify potential risks, and the results can sometimes be of limited value because of the use of non-realistic doses or because of the drug use history or inter-individual differences of the volunteers. Recent studies have used higher, more realistic doses and paid more attention to the combination of alcohol and drugs and have shown that the chronic use of illicit drugs can be associated with some cognitive and/or psychomotor impairment, and can lead to a decrease in driving performance even when the subject is no longer intoxicated.Epidemiological studies include roadside surveys, studies in a subset of drivers, accident risk studies, responsibility analyses, surveys and pharmaco-epidemiological studies. Between studies, results may be incomparable due to testing different populations, different kinds of samples, etc. More large-scale roadside studies are conducted now.Advances in analytical toxicology have also contributed to a better understanding of the risks associated with driving under the influence. While older studies measured the inactive metabolite THC-COOH and did not show an increased risk in cannabis-positive drivers, more recent studies measured the active THC in blood and did show a concentration dependent increase in crash risk. The use of LC–MS/MS has allowed more broad-range screening as this technique can measure many different drugs in a small sample volume. While some older studies used saliva but had many analytical problems (including an insufficient sample volume in up to a third of the cases), newer methods of saliva sampling and analysis give better results. The use of saliva for roadside surveys allows non-invasive sampling, but the lack of correlation with the concentrations in blood makes interpretation of results difficult.The results of both epidemiological and experimental studies should be combined to obtain a good estimate of the impact of certain drugs on driving performance and accident risk. In 2006–07 a committee of international experts drafted guidelines for future research into drugs and driving. These have been taken on board by the DRUID project, a large-scale EU funded project on driving under the influence of drugs, alcohol and medicines.     

Scripted Messengers: How Party Discipline and Branding Turn Election Candidates and Legislators into Brand Ambassadors

Political parties with strict party discipline are well-placed to demand that their election candidates and legislators promote the party brand. The franchise-franchisee relationship causes representatives to relinquish individual expression in exchange for centralized party messaging. This article looks at how a strategic desire for party unity combines with internal brand management to turn lower-ranking politicians in a parliamentary system into party brand ambassadors. Our Canadian case study draws on in-depth interviews with party leaders, Members of Parliament, political staff, candidates for office and prospective candidates. The implications for representative democracy in a Westminster system are considered, including the representational constraints for racial and sexual minorities.     

Explaining School Corporal Punishment: Evangelical Protestantism and Social Capital in a Path Model

School corporal punishment is associated with many negative outcomes. This research explores the antecedents to the practice and prevalence of school corporal punishment. A series of regression models indicated that two variables were significant predictors of a state’s practice of school corporal punishment: rate of evangelical Protestant adherents and social capital. A path analysis indicated that these two variables significantly predicted the rate of school corporal punishment in practicing states. The path analysis also revealed a significant and negative relationship between rate of evangelical Protestant adherents and social capital, but no relationship between rate of mainstream Protestant adherents and social capital. A mediation analysis indicated that social capital serves as a mediating variable between evangelical Protestantism and rate of school corporal punishment. Practical and theoretical implications are discussed.     

Introduction: The (Ab)use of Language in Legal Discourse

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -