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931.
For all its importance, what is actually said about money in Two Treatises is highly obscure. Comparison with Locke's 1668–74 writings on interest reveals a common understanding of the function of money, akin to that of contemporary mercantilists, which illuminates many difficulties in the chapter on property. These writings are the source of the main economic concepts in the Treatises ; namely, labour as the active source of wealth (which along with the Roman Law notion of self-ownership provides the basis of Locke's theory of property); money overcoming the 'spoliation limit' on the accumulation of consumables, and the idea that money is created by and derives its value from consent (which Two Treatises exploits as a justification of the unequal distribution of property). Finally, the early writings suggest how implausible it is to read a labour theory of exchange value into the Treatises . 相似文献
932.
William G. Howell Patrick J. Wolf David E. Campbell Paul E. Peterson 《Journal of policy analysis and management》2002,21(2):191-217
This article examines the effects of school vouchers on student test scores in New York, New York, Dayton, Ohio, and Washington, DC. The evaluations in all three cities are designed as randomized field trials. The findings, therefore, are not confounded by the self‐selection problems that pervade most observational data. After 2 years, African Americans who switched from public to private school gained, relative to their public‐school peers, an average of 6.3 National Percentile Ranking points in the three cities on the Iowa Test of Basic Skills. The gains by city were 4.2 points in New York, 6.5 points in Dayton, and 9.2 points in Washington. Effects for African Americans are statistically significant in all three cities. In no city are statistically significant effects observed for other ethnic groups, after either 1 or 2 years. © 2002 by the Association for Policy Analysis and Management. 相似文献
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934.
Charles Patrick Ewing 《Law and human behavior》1990,14(6):579-594
A small but increasingly visible number of battered women eventually kill their batterers. While most of these women plead self-defense, they are generally convicted of murder or manslaughter because their homicidal acts rarely fit the narrow legal definition of self-defense. This article (a) explains who battered women are and why they kill; (b) suggests that many, perhaps most, battered women who kill their batterers do so in psychological self-defense; and (c) argues that current self-defense law should be expanded to justify such killings.Adversary Forum is edited by Gary B. Melton. 相似文献
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938.
Gerard Conway 《European Law Journal》2008,14(6):787-805
The level of generality or of abstraction used to describe a precedent, a right, or the legislative intent behind a statutory provision or constituent purpose behind a constitutional provision can have a decisive impact on the outcome of a case. Characterising it in narrow terms has the effect of reducing the scope of decision of a judgment; conversely, a broader characterisation provides more leeway for a judge in a case to encompass its facts within the precedent, right or purpose in issue. The issue raised by the level of generality problem is the extent to which courts have a discretion or freedom of manoeuvre as to the level of generality they decide upon, and thus whether generality and abstraction are manipulable in the hands of judges and are not really predetermined by the legal sources in question or an established judicial method of interpretation. Uncontrolled judicial discretion of this kind is problematic from the point of view of the rule of law and democracy, especially when adjudication concerns constitutional provisions, the equivalent in the EU being interpretation by the European Court of Justice (ECJ) of the EU Treaties; reversal of ECJ interpretation through Treaty amendment is particularly difficult to achieve because it requires unanimous coordination by the Member States. This article examines two alternative ways of determining the correct or appropriate level of generality issue in ECJ interpetation, coherence or the legal traditions of the Member States, and argues in favour of the latter as a less subjective method. Application of the two alternative approaches is tested in two areas of EU law, state liability and criminal law. 相似文献
939.
This article outlines the views of children and parents involved in family law disputes, about the need for and appropriateness of children's participation in decisions regarding residence and contact arrangements. Ninety parents and 47 children (ranging in age from 6 to 18 years) who had been through parental separation, were interviewed. Both parents and children had a range of views about the general appropriateness and fairness of children being involved, but the great majority, particularly of parents, thought that children should have a say in these matters. Core findings of the study include the considerable influence that older children had over the arrangements either in the aftermath of the separation or in making further changes over time, and the higher stated need of children who had experienced violence, abuse, or high levels of conflict to be heard than those in less problematic and noncontested matters. Parents involved in contested proceedings supported the participation of children at a younger age than those who were not. There was a reasonable degree of agreement between parents and children about the need for children to be acknowledged and the value of their views being heard in the decision‐making process. Parents, however, expressed concern about the pressure and manipulation that children can face and exert in this process, whereas children were generally more concerned about the fairness of the outcomes, and maintaining their relationships with their parents and siblings. 相似文献
940.
This article seeks to briefly evaluate the context behind the development of regulations related to chromium pollution control in metal finishing industries. The available evidence suggests the possibility of elevation of the issue to the agenda for agency rule‐making, and subsequent implementation can occur even in the absence of focusing events. Based on historical evidence, this article illustrates that gradual accumulation of knowledge of harmful effects of chromium over the period of decades has been instrumental in the formulation and implementation of standards and guidelines to regulate chromium in the environment under major statutes such as the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, and so on. The implementation of command and control regulations has resulted in appreciable reduction of chromium released into the environment, thereby minimizing the impact on human health and the environment. However, achieving full compliance from metal finishing industries is still an illusion. There are examples of violations committed by industries. In response to this realization, policy evolution in the chromium pollution control domain has occurred in two directions: (1) gradual replacement of existing standards with more stringent standards and guidelines and (2) emphasis on multimedia, voluntary, and participatory approaches to improve compliance. But the results from the latter are not as dramatic as previously envisioned. Borrowing from the experience of the Common Sense Initiative (CSI), this article argues that consensus‐based, multistakeholder collaboration can be a policy development tool. 相似文献