“法官法”观念批判

<正> "法官法"(Richterrcht、judge made law)是风靡现代西欧法学的概念之一。至于英美那些"普通法"的国家,就更不用说了,它是资产阶级法的理论几乎所有现代学派都必不可少豹组成部分。西欧国家中最重视"法官法"的是德意志联邦共和国的法学。什么是"法官法"?从最一般的意义上说,这个概念的中心意思是指法官创制法律的作     

Managing professionals: the quiet conflict

The dichotomy between managers and professionals is usually seen as a matter of incompatible values and false perceptions. Consultant Lebell supports this basic viewpoint, but enriches it through theoretical discussion, practical recommendations and some revealing interviews with both parties to the conflict.     

Issues in population pressure,land resettlement,and development: The case of Nepal

This analysis considers the question of whether resettlement schemes really relieve population pressure or help achieve a better regional balance between population and resource distribution in a manner consistent with Nepal's national objective of agricultural growth with social justice. The 1st part of the analysis discusses population pressure, followed by the conceptualization of ecodemographic relations and sociodemographic relations. The 2nd part of the analysis considers Nepal's agrarian economy along with a case-study examination of its contemporary resettlement project in Chitwan district. Finally, information is presented from a field survey conducted in Chitwan in 1979, which support the assertions that: the sociodemographic relations -- not population pressure as such -- are the primary roots of agrarian development problems in a country like Nepal; and resettlement schemes, when implemented without due consideration of the pervasive sociodemographic relations, are a deficient technical fix to imbalances in ecodemographic relations. Nepal provides a typical example of ecodemographic imbalances in the regional distribution of population and resources. Although the Hill and Mountain regions make up almost 60% of Nepal's total population, they share less than 30% of the total land under cultivation. The Tarai region, which is the northern extension of the Gangetic Plain in India, occupies over 70% of the cultivated land and supports only slightly over 40% of the population. As the case study illustrates, development strategies such as land resettlement are invariably formulated and implemented as a technical solution within the framework of ecodemographic relations. Little attention is directed to addressing the social dimension of these programs, i.e., the structual problems directly associated with the existing sociodemographic relations. Development, or land resettlement in the present case, is not simply a technical issue concerned with land reclamation and its management. It is also a social issue, because the sociodemographic relations determine significantly the direction (or directions) that resettlement programs take. When development policies make little effort to tackle the underlying forces of these relations, resettlement schemes result in the reconstitution of class divisions and disparity in the ownership of resources in newly resettled areas.