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Mart Susi 《European Law Journal》2019,25(2):198-212
The Internet Balancing Formula (IBF) is a mathematical instrument to increase the rational and transparent aspects of balancing conflicting human rights online. It is based on the relative weight and intensity of conflicting rights. The numerical value of these rights is arrived at by applying mathematical scales to various input elements. This formula is easy to use and could be applied globally by private online stakeholders. Robert Alexy has entered into debate with Susi, pointing out similarities and differences between his Weight Formula and the IBF, and advancing the concreteness thesis. Alexy views the Weight Formula as general and abstract, whereas the IBF is specific and particular. Both Alexy and Susi are of the opinion that such formula is highly needed to respond to the theoretical and practical uncertainties and divergent practices of online stakeholders. Susi replies to Alexy's critique in a separate article. 相似文献
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Juan S. Mora-Sanguinetti Marta Martínez-Matute Miguel García-Posada 《European Journal of Law and Economics》2017,44(2):361-383
A number of theoretical and empirical studies have shown that the development of credit markets is affected by the efficacy of enforcement institutions. A less explored question in this context is how these institutions interact with turns in the economic cycle and the impact of different types of legal procedures on credit market performance. This paper fills these gaps by analyzing how differences in the availability of credit and the evolution of non-performing loans ratios may be partially explained by regional variations in the quality of loan contract enforcement during recent periods of sustained growth (2001–2007) and recession (since 2008) in the Spanish economy. This research concludes that a rise in the clearance rate of executions (i.e., when a judge enforces the repayment of a debt) increases the ratio of total credit to GDP. However, the declaratory stage of the procedure (i.e., when a debt is firstly verified by a judge) does not seem to be statistically significant. A possible explanation to this finding is that, throughout the economic cycle, a relevant proportion of the defaults that take place are strategic (i.e., defaults by a solvent debtor). Furthermore, it is observed that, in regions where declaratory procedures are more efficient, less credit is declared as non-performing. The latter effect, however, is only observed after the onset of the “Great Recession” in 2008. This may be related to the increase of non-strategic defaults during a downturn. 相似文献
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Rebecca S. Mart��nez O. Tolga Aricak Misha N. Graves Jessica Peters-Myszak Leah Nellis 《Journal of youth and adolescence》2011,40(5):519-530
One of the most fundamental factors related to psychological well being across the lifespan is whether a person perceives social support from important others in his or her life. The current study explored changes in and relationships among perceived social support (SS) and socioemotional adjustment (SEA) across the 1-year transition from elementary to junior high school. Two cohorts of students (N = 140) participated in the current study that took place across a 3-year time span. Analyses of the transition data for boys and girls together reveal declines in perceived total support and teacher support as well as an increase in self-reported school problems. When considering the sexes separately, girls?? perceived total support, close friend support and school support declined while boy??s self-reported school problems increased across the transition. Although social support did not emerge as a mediator or predictor for any of the socioemotional variables in the current study, results reveal that, in general, perceived social support and socioemotional functioning at the end of the last year of elementary school predicts perceived social support and socioemotional functioning at the end of the first year of junior high school. Study limitations and implications for research and practice are discussed. 相似文献
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Reparations for victims of gross human rights violations arebecoming an increasingly acknowledged feature in post-authoritarianand post-conflict societies coping with the legacy of a violentpast. Despite some recent progress much more work needs to bedone for massive reparations programs to respond better to theneeds of women. This article, resting as it does on a comprehensiveconception of reparations, outlines both the procedural andsubstantive components of reparations programs necessary forthe programs to fulfill the goal of providing (partial) justiceto women. 相似文献
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During the summer of 2010 near a little village in the south of Italy, a fire destroyed a piece of brushland without any apparent economic importance. The remains of a fire-setting tool were found at the point of origin of the fire. It was started using a well-planned and methodical approach. The analytical results demonstrated a sophisticated and effective incendiary tool designed to leave little evidence that could identify the offender. The action and the purpose of the arsonist were clear but the basic motivation was unpredictable. The burned area was without any relevant economical interest. It was burnt during the past and has not been used for any cultivation or sheep farming but in the region there was evidence of bushfires that had been lit to stimulate the growth of forest fruits to be harvested for sale. 相似文献
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Pablo Gilabert 《Human Rights Review》2013,14(4):299-325
This paper provides a critical exploration of the capability approach to human rights (CAHR) with the specific aim of developing its potential for achieving a synthesis between “humanist” or “naturalistic” and “political” or “practical” perspectives in the philosophy of human rights. The “Polemical Context: the Debate Between Humanist and Political Perspectives on Human Rights” section presents a general strategy for achieving such a synthesis. The “The Capability Approach to Human Rights” section provides an articulation of the key insights of CAHR (its focus on actual realizations given diverse circumstances, its pluralism of grounds, its emphasis on freedom of choice, its demand for public reasoning, its context-sensitive universalism, and its broad view of obligations). These insights go some way toward the achievement of the desired synthesis. But, as explained in the “Need for Further Development of the Approach” section, in its current form, CAHR faces two serious objections by the defenders of the political perspective: the gap between capabilities–interests and rights objection and the disconnect from practice objection. Answering these criticisms requires some amendments to CAHR. The “Recommending a Contractualist Framework of Normative Reasoning” section suggests a response to the first objection based on the introduction of a contractualist framework of justification. The “Recharacterizing the Cosmopolitanism Inherent in the Humanist Standpoint” and “Focusing on a Three-Dimensional Picture in the Search for Deliberative Reflective Equilibrium about Human Rights” sections tackle the second objection by introducing a recharacterization of the cosmopolitan standard underlying the humanist perspective and by identifying the differences and relations between various dimensions of a conception of human rights and their significance for actual political practice. The paper illustrates the practical implications of CAHR, in its modified form, for the pursuit of some important rights. 相似文献
40.
Felicitas Nowak-Lehmann D. Inmaculada Martínez-Zarzoso Stephan Klasen Dierk Herzer 《发展研究杂志》2013,49(7):1184-1202
One reason donors provide foreign aid is to support their exports to aid-recipient countries. Time series data for Germany suggests an average return of between US$1.04–$1.50 for each US dollar of aid spent by Germany. Although this is well below previous estimates, the value is robust to different specifications and econometric approaches. Interestingly, we find strong evidence of crowding out between bilateral donors in the sense that bilateral aid from other EU members significantly reduces exports from Germany to the recipients. The evidence suggests that, in the long run, aid causes exports and not vice versa. We discuss the implications these findings might have for aid volumes and allocation. 相似文献