劳动争议调解机制比较——转化型调解模式与传统的调解模式的区别

常见劳动争议调解模式有四:指导型调解、分析性调解、评估型调解及转化型调解.前三种的成败有赖于调解员在和解的过程中说服双方达成协议的主导性能力,侧重利益的分割,因而压抑了当事人对纠纷解决的主动性.而转化型调解则要求发挥当事人的作用,即通过协助当事人健全自我认知、体会对方的立场,转变对事件的感知,促成理解,重建共识,化解纠纷.可见,这不仅减少了制度负担,也有更好地尊重当事人意愿,更大程度上修复社会关系的效果.     

Professor Stanley Cohen: an appreciation

Like so many others, I am saddened by the death of Stan Cohen, my PhD supervisor, mentor, and supportive friend at a particularly difficult time in my life. I first met Stan in summer 1976, when I was applying for a PhD place. In awe of the author of Folk Devils and Moral Panics, a book which did so much to open criminology up to the sociological imagination, I was soon at ease and enjoying a wide-ranging conversation, with the difficult questions posed gently and seemingly lightly, that was Stan's distinctive style. Stan was, of course, the perfect PhD supervisor: always encouraging; nudging me back in the right direction when I was veering off-track. I began my teaching at Essex, and the deviancy ‘dream-team’ – Stan and Ken Plummer – was the best possible start to an academic career.     

Reviews

Ways of Seeing Red

Mary Joannou, ’Ladies, Please Don't Smash These Windows’: Women's Writing, Feminist Consciousness and Social Change 1918–38, Oxford: Berg, 1995, £14.95.

Gen Doy, Seeing and Consciousness: Studies in Women, Class and Representation, Oxford: Berg, 1995, £14.95.

A Fragile Space

Gill Perry, Women Artists and the Parisian Avant‐Garde: Modernism and ‘Feminine’ Art, 1900 to the late 1920s, Manchester: Manchester University Press, 1995, £45, £16.99 (pbk.).

Poetic Dissent

William McCarthy and Elizabeth Kraft (eds.), The Poems of Anna Letetia Barbauld, Athens, GA: University of Georgia Press, 1994.

Fictional and Actual Nobodies

Catherine Gallagher, Nobody's Story: The Vanishing Acts of Women Writers in the Marketplace 1670–1820, Oxford: Clarendon Press, 1995, £25.

Edward Copeland, Women Writing about Money: Women's Fiction in England 1790–1820, Cambridge: Cambridge University Press, 1995, £35.     

Human rights for women: an argument for 'deconstructive equality'

The status of universalism has been much debated by feminists at the end of the twentieth century. Poststructuralist feminism is readily positioned in these debates as antagonistic to normative universalism. It is criticized as such: how is injustice to be judged and condemned if contestation and the openness of ungrounded universalism are the only ideals? This paper is a 'sub-philosophical' enquiry into the normative commitments to equality implicit in poststructuralist feminism and its relationship to 'actually existing' human rights for women as they have been re-worked by the international feminist movement. It argues that poststructuralist feminism can be used to provide support for one possible understanding of equality encoded in the Convention on the Elimination of All Forms of Discrimination Against Women. It addresses feminist concerns over universal rights as androcentric and ethnocentric, arguing that extending human rights to women is compatible with poststructuralist commitments to anti-essentialism and anti-foundationalism and required by the model of 'deconstructive equality' implicitly shared by CEDAW and poststructuralist feminism.     

Social murder and conservative economics

Abstract

The hallmark of conservative economic theory is that firms should not be constrained by the state in their pursuit of profit. State intervention is not necessary because firms must obey the will of ‘the market’. Companies must please their consumers or they will not sell anything, and they must treat their workers well or they will have no labour force. Conservative economics assumes that decisions reflect individual preferences and free choice. In this world of voluntary actions, firms and individuals stand on pretty much equal footing; no one has any more power than anyone else.