调适公共行政过程中理性冲突的协商民主思维方式——以处理群体性事件为例

当前我国正面对日益严峻的社会矛盾冲突形势,处于转型期的政府为了维稳就必须制定应对方案。面对频发的群体性事件,要均衡社会政治稳定、发展与民众利益、诉求之间关系,政府在公共行政过程中自然经常面临价值理性和工具理性的冲突。而协商民主这一新的民主理论范式,将原本局限于选举环节的民主拓展到公共行政和决策领域,有利于妥善处理群体性事件,既能充分维护稳定的社会政治局面,又保障了公民正当的利益、诉求的实现。     

Questioning Blackmun's Thesis: Does Uniformity in Sentencing Entail Unfairness?

It is commonly believed among criminal justice scholars that sentencing guidelines increase uniformity in sentencing at the cost of fairness. They reason that guideline systems rarely take all relevant case characteristics into consideration, and as a result, impose sentences in particular cases that are biased relative to the ideal or best sentence. This bias effect is one of the primary theoretical and practical challenges faced by courts and sentencing commissions in the last 30 years, and provides one of the strongest arguments against mandatory sentencing guidelines. This article identifies a second effect of guidelines on fairness, which has not been sufficiently acknowledged by the scholarly literature: the variance effect increases the fairness of sentences directly by increasing uniformity. This article uses statistical simulation to examine the relationship between the variance effect and the bias effect. The results provide substantial evidence that the variance effect is comparatively large, and that it may often outweigh the negative effects of bias. Under these conditions, sentencing guidelines will both increase uniformity and increase fairness.     

Examining Commuters’ Cognitive Responses to Minibus Taxi Advertising

Abstract

Limited scholarly studies have been conducted on transit advertising in general, but even more so in South Africa. The purpose of the current study was to examine commuters’ cognitive responses to minibus taxi advertising by measuring their: (1) noting of minibus taxi advertising; and (2) recall of elements in minibus taxi advertisements. A survey was administered by trained fieldworkers to a quota-based sample of 398 regular minibus taxi commuters at a major taxi rank in Mbombela, Mpumalanga, South Africa. The results revealed that minibus taxi advertising has the potential to attract commuters’ attention, since the vast majority of the respondents regularly note advertisements on passing minibus taxis. The findings also revealed that some sub-groups in the sample demonstrated different cognitive responses. It was furthermore found that the commuting respondents typically recalled visual cues, colours and branding elements of minibus taxi advertising. The unique contribution of the study is that it is one of the first to examine the effectiveness of minibus taxi advertising media on a cognitive level. Thus, from an industry perspective, the study can guide marketers, advertisers and managers in grasping minibus taxi advertising in order to make more effective use of this unique out-of-home (OOH) advertising media platform for their advertising purposes.     

Power-sharing and political party engineering in conflict-prone societies: the Indonesian experiment in Aceh

Establishing legitimate political leadership through non-violent means is an essential step in the rebuilding of post-conflict societies. For this reason the successful holding of democratic elections is often seen as the crowning achievement of the peace process. In recent years, however, it has become clear that elections do not always guarantee the peace, and may in fact, make societies more dangerous.1 ?1. Collier Collier, Paul. 2009. Wars, Guns and Votes: Democracy in Dangerous Places, New York: Harper Collins.  [Google Scholar], Wars, Guns and Votes; Brancati, Peace by Design. View all notes This has prompted political scientists to look more closely at other dimensions of the transition from violent conflict to democratic politics, including the role of political parties. Political parties play an essential role in all democracies, but their importance is magnified in conflict-prone societies. While some scholars have argued that political parties may help to consolidate peace by forming coalitions between groups formerly in conflict, more recent research suggests that such parties may also entrench social cleavages, especially if party formation is based along former conflict fault lines. This article considers these arguments in the case of Aceh, Indonesia, where an historic peace agreement allowed former Acehnese rebels to form their own political party—one based along both ethnic and former conflict lines.     

妊娠期牦牛子宫肉阜上皮细胞的培养

为建立一种稳定、简便地获得较高纯度的牦牛子宫肉阜上皮细胞的方法,分别采用组织块种植法和联合消化法对妊娠8～10周龄牦牛的子宫肉阜上皮细胞进行原代培养及分离纯化,测试其培养的最适FBS浓度及pH值,并观察其大体形态等。结果显示,胎盘组织样品在37℃下,采用胰蛋白酶和胶原酶1∶1联合消化排除法分离子宫肉阜上皮细胞的效果好。pH6.8～7.0、含150mL/L FBS的DMEM/F12培养基适宜牦牛子宫肉阜上皮细胞的原代培养,pH6.8～7.0、含100mL/L FBS的DMEM/F12培养基较适宜传代培养。传代5次后经透视显微镜观察发现,细胞为上皮样形态,呈片状铺石路样生长。表明,用联合消化排除法可简单、有效地获得较高纯度的牦牛子宫肉阜上皮细胞。     

Technology and torts: Memory costs, nondurable precautions and interference effects

This article examines the influence of nondurable precaution technologies on the expansion of tort awards. We provide four contributions to the literature. First, we present a general, formal model on durable and non-durable precaution technology that focuses on memory costs. Second, because liability exposure creates interference, we argue that tort law perpetuates the expansion of awards. Third, because plaintiffs do not consider the social costs of interference effects, private litigation induces socially excessive suits. Fourth, while new harm-reducing technologies likely increase accident rates, such technologies also raise the ratio of trial costs to harm, leaving undetermined the overall effect of new technologies on the rate of litigation.     

The policy-making dimension of post-conflict governance: the experience of Aceh,Indonesia

Rebuilding and strengthening the essential functions of government is a critical aspect of peace-building and recovery after conflict. There is now a wide literature on the challenges of post-conflict state-building based on the international community's experiences in such places as Kosovo, East Timor, Iraq and Afghanistan. Much of this literature is concerned with the challenges of strengthening administration and service provision—what might be loosely called the policy implementation functions of government. Much less attention has been given to the policy formulation capacities of post-conflict governments. This is surprising given the importance of conflict-sensitive policies for peace-building and for laying the foundations for economic growth and employment. Many post-conflict governments lack capacity for policy development—a gap that is often filled by international technical assistance. In cases where the international community is providing support to a reasonably functioning government after a conflict, this study argues that more attention needs to be given to the government's policy-making capacity. Using the experience of post-conflict Aceh as a prism, the study argues that technical advice can be too easily wasted unless there is concomitant support for developing the institutional infrastructure needed to manage advice and to prepare options for political deliberation and choice.     

论好生活与公民教育

普世道德的幸福生活价值往往基于宗教信仰、传统文化或人本价值的道德观。它不仅是幸福的来源,也提供获得幸福的途径。好的公共生活所必需具备的基本价值,是由公民社会而不是靠国家权力维持和再生的。历史上许多对"幸福"的政治狂躁追求,都是由国家权力主导,结果是灾难性的。今天,要造就一种能够持续有效的幸福观和好生活观,恐怕还要从加强公民教育,建立好的公共生活价值观开始。