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111.
This paper examines the Court of Appeal judgment of Rochefoucauld v Boustead [1897] 1 Ch. 196 through use of archive records, rarely cited law reports and nineteenth-century academic opinion. A full and hitherto untold account of the facts of the case is presented. It is revealed that the land which was the subject matter of the dispute was sold under the direction of the Ceylon District Court, and that the plaintiff was an accomplished individual who utilized various means to frustrate her former husband's attempts to obtain the land. The Court of Appeal's rulings that the defendant was a trustee of the land for the prevention of fraud, and that the trust was to be treated as an express trust, are also analysed with the aim of establishing how these issues were understood at the time of the judgment. It is argued that both of these aspects of the judgment were regarded as uncontroversial because there was a settled concept of equitable fraud, and because trusts imposed for the prevention of such fraud were an established category of trust in their own right, separate from express, resulting or constructive trusts.  相似文献   
112.
ABSTRACT: Ignitable Liquid Absorbent (ILA), a commercial solid absorbent intended to assist fire scene investigators in sample location and collection, has been field tested in three separate room fires. The ability of the ILA to detect and absorb different amounts of gasoline, odorless paint thinner, and camp fuel on two different substrates after a full-scale burn was assessed against results from an accelerant detection canine and laboratory analysis using gas chromatography-mass spectrometry (GC-MS). The canine correctly alerted on most of the panels that contained an ignitable liquid after the fire, while the ILA indicator dye failed to indicate in the presence of gasoline and camp fuel. GC-MS results for ignitable liquid residue from each panel and from the ILA showed that ILA absorbed odorless paint thinner and camp fuel from most of the test panels, but failed to absorb gasoline from the panels on which gasoline was confirmed to be present.  相似文献   
113.
The Interactional and Discursive View of Violence and Resistance is a framework for critical analysis and research, prevention and intervention that takes into account the conditions that enable personalized violence, the actions of perpetrators and victims, and the language used in representing those actions. Using this analytic framework, we analyzed five accounts of personalized violence, one each from a perpetrator, a psychiatrist, a judge, a government minister, and a therapist. Our results demonstrate the scope and the ubiquity with which diverse accounts locally accomplish four-discursive-operations; namely, the concealing of violence, obfuscating of perpetrators’ responsibility, concealing of victims’ resistance, and blaming and pathologizing of victims. We examine the specific linguistic devices that combine to accomplish the four-discursive-operations in each case. These data suggest that the problem of violence is inextricably linked to the problem of representation.
Allan WadeEmail:
  相似文献   
114.
Police corruption and misconduct are of perpetual concern to both the police and the public. Various measures have been used and programs created to reduce these problems. But existing research indicates that the effects of such measures are either transient or uncertain. Few studies have been conducted to understand the mechanisms for controlling police corruption and misconduct from an international, comparative perspective. This study intends to fill this gap by exploring the experiences of the Hong Kong Police Force (HKPF) as well as those of the New York Police Department (NYPD). Although Hong Kong is today a part of China, it remains in the Common Law system and its police practices have been highly influenced by Western policing principles, making such a comparison relevant and perhaps useful. The findings of this study suggest that Hong Kong and New York have both adopted various measures for controlling police corruption and misconduct, but have diverged significantly from each other in the structure and content of their control efforts.  相似文献   
115.
Bueno de Mesquita and Lalman's version of an expected utility theory of war has become one of the most widely cited theories of international conflict. However, the testing of the theory has lagged behind its theoretical development. In its most sophisticated formulation, the theory has been tested on only 707 dyad-years, all drawn from Europe between 1816 and 1970. We present a test of the expected utility theory of war (as developed in War and Reason ) on the international system from 1816 to 1984. Specifically, we examine the relationship between the main equilibrium variables derived under the "domestic variant" of the international interaction game and behavioral outcomes using multinomial logit. We find that the equilibria correlate with actual behavior in both the set of all dyads and a subset of politically relevant dyads, even after including a set of control variables. The relationship is somewhat less clear among the population of all interstate-directed dyads, however, with key equilibrium variables having smaller effects at increasing the odds of interstate conflict among all dyads. We also present a new software program, EUGene , which generates expected utility data and can serve as an important data management tool for international relations researchers.  相似文献   
116.
For their contributions to earlier drafts, acknowledgements are extended to Webb Smathers, Ron Faas, Rod Ziemer and other reviewers.  相似文献   
117.
Gender differences in treatment and in judgments of distributive and procedural justice were examined. Three hundred nine litigants who had been involved in arbitrated auto negligence lawsuits responded to exit surveys. Two mechanisms by which gender might influence justice perceptions were explored. First, we examined whether a “chivalry bias” might be operating, in which the procedures systematically favor women over men. If such biases occur, women might feel they had been treated more fairly because of egocentric biases. Results provided only modest support for the chivalry bias. While women received slightly better awards and perceived somewhat more control than men, these differences had no effect on perceptions of distributive or procedural justice. Second, we examined whether men and women differ systematically in the factors they use as indicators of distributive and procedural justice. On the basis of group-value theory we predicted that women might place more emphasis on standing or on outcome favorability. The study revealed that men and women did differ in how they defined distributive justice, with women placing more emphasis on their perceived standing and on their perceptions of the favorability of their outcomes. There were no substantial gender differences in how procedural justice was defined. Results are interpreted in terms of how women might be responding to insecurity about facing a justice system historically dominated by men. An erratum to this article is available at .  相似文献   
118.
Abstract: Scientific research is usually regarded as an impartial contributor to the public policy-making process. However, increasingly, such research in health matters to do with industrial processes, medical intervention and drug therapy is perceived to pose risks and thus produce uncertainty in government and anxiety among consumers of health services. This when the scientific research agenda is about to take increasingly dramatic steps with important implications for applied science. Five select issues intended to depict a lack of research consensus and resulting in perceptions of societal risk-taking are used to illustrate this phenomenon. The growing influence of the "Green" environmental and consumer movement promises increasing resistance to science-based societal risk-taking. Scientists have acknowledged problems and advocate a variety of responses including the adoption of radically different aims and methods in science. The quality of some medical statistics and the dominance of the research methods agenda by epidemiologists is also a cause for concern. The major dilemma, however, is that while both refutation and uncertainty are integral to the Popperian model of puzzle-solving in science, they are factors which pose serious political risks in decision-making for ministers and their advisers.  相似文献   
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