知识产权的兴起：一个前途未卜的观念（二）

三在18世纪,欧洲的文化生活经历了一场激烈的转变。从精读到泛读的转换以及中产阶级读者大众的崛起,导致了印刷业在18世纪的爆炸。在英国,每年的图书产量在18世纪被估计增长了4倍。法国也同样见证了识字率的显著提高和人们对现代世俗文学作品需求的激增。     

Adorno,Freedom and Criminal Law: The ‘Determinist Challenge’ Revitalised

This article argues—against the present compatibilist orthodoxy in the philosophy of criminal law—for the contemporary relevance of a kind of critique of criminal law known as the ‘determinist challenge’, through a reconstruction of Theodor Adorno’s thought on freedom and determinism. The article begins by considering traditional forms of the determinist challenge, which expressed a widespread intuition that it is irrational or inappropriate for the criminal law to hold people responsible for actions that are causally determined by social and psychological forces in such a way that they cannot be said to have acted freely. Yet as traditionally presented it was possible for its opponents to interpret this challenge as an incompatibilist position within the traditional free will/determinism debate, and to present compatibilist arguments against it—in particular, that the determinist challenge is unmotivated and has implausible implications. It is argued that these compatibilist objections hold only on a certain interpretation of the determinist challenge, but that this interpretation is not the only one available. Adorno’s distinctive position on freedom and determinism is presented as an alternative version of the challenge, which cannot be assimilated to the terms of the traditional compatibilist/incompatibilist disputes. This novel, ‘metacritical’ version of the determinist challenge is essentially a social–historical, not metaphysical, thesis about the moral significance of the freedom-undermining effects of modern social forms. As such, it is argued, it is invulnerable to the usual compatibilist objections, and presents a serious challenge to our criminal legal institutions.     

Weak Power Bargaining with China: Mongolia and North Korea in comparative perspective

This article examines Mongolia's and North Korea's bargaining with the People's Republic of China to provide insight into Northeast Asian regional dynamics and weak state bargaining behavior. The article demonstrates how both Mongolia and North Korea (which it demonstrates are weak states) employ a variety of tactics within the categories of capitulation, neutrality and confrontation when managing their respective relations with China. The article also argues the applica`bility of the two case studies to a better understanding of the diplomatic challenges China faces as it continues its development and to China's relations with the various weak states on its periphery.     

Global perspectives on scientists’ roles in legislative policymaking

Policy Sciences - The question of how scientists should engage in policymaking has spurred both pragmatic and philosophical debates for decades. Scant empirical research addressing how experts...     

Sino-Mongolian relations and Mongolia's non-traditional security

The following article examines the effect China has on Mongolia's non-traditional security. Using the Copenhagen School's approach to non-traditional security, the article argues that Mongolia's economic dependence on China coupled with weak political security have allowed China to develop structural power over Mongolia's domestic institutions. This structural power also negatively affects Mongolia's societal and environmental security. Chinese structural power, therefore, has a net negative effect on Mongolia's domestic non-traditional security, despite Chinese policies that seek to maintain good relations with Mongolia. This suggests that China is not in complete control of its relations with Mongolia and that its use of economic ties to drive relations with Mongolia contains elements that ultimately undermine its position and Mongolia's security.     

The effects and costs of intimate partner violence for work organizations

This study examines the productivity-related effects and costs of intimate partner violence (IPV) on the workplace. Specifically, it explores whether IPV victims and nonvictims differ in the number of work hours missed due to absenteeism, tardiness, and work distraction and the costs for employers from these missed work hours. The research involved a Web-based survey of 823 male and 1,550 female employees in three midsized organizations. Employees who reported lifetime IPV victimization, but not current victimization, missed more hours of work because of absenteeism than did nonvictims. Current victims, but not lifetime victims, were more likely to be distracted at work than nonvictims. Organization costs due to absenteeism and tardiness were greater for lifetime victims than nonvictims; however, no difference in costs was found for current victims. Overall, we found that IPV has negative effects on organizations, but that the nature and cost of these effects vary by type of victimization.     

A X-chromosome STR hexaplex as a powerful tool in deficiency paternity cases

The X-chromosome short tandem repeat (STR) markers have been described as very adequate tools for solving deficiency paternity cases and kinship tests when women are involved. In the absence of the alleged father, presumed paternal relationship can be more efficiently investigated by using a set of six to ten X-STR markers compared to fifteen autosomal STR. For this study, we compared the usefulness of a X-STR hexaplex developed in our laboratory (DXS7133, DXS7424, DXS8378, DXS6807, DXS7423 and DXS8377) and the commercial kit Identifiler in solving deficiency paternities. We have worked on distinct groups of caseworks involving daughters, their mothers and presumed paternal grandmothers or putative half sisters and their respective mothers. The PCR products were separated by capillary electrophoresis and detected in an ABI Prism 3100. In the majority of the caseworks (>90%), the likelihood ratio (LR) obtained by using the X-STR hexaplex was higher than the LR value observed when the Identifiler kit was used for genotyping. The combination of the two STR typing systems was able to solve all the cases.     

Addressing the mental healthcare needs of foster children: perspectives of stakeholders from the child welfare system

A qualitative study was conducted to better understand the factors that contribute to psychotropic medication (PM) overuse among children in the child welfare system in Kentucky, including barriers to providing psychosocial interventions that potentially minimize the need for PM. Semi-structured interviews were conducted with personnel in the Department of Community-Based Services (DCBS). Participants identified important areas to target for system-wide quality improvement efforts, which included improved exchange of health information, training, and communications on the use of PM, and measures to improve access to non-pharmacological psychosocial interventions to address the mental healthcare needs of children in the child welfare system.     

Who Benefits from the Party Organization? Evidence from Republican House Members' Attendance at Caucus Meetings

As the role of US congressional parties in the legislative process has increased, so has the importance of understanding the institutions within these organizations. In this article, we examine the weekly caucus meetings held by Republican House leaders with their rank‐and‐file. We consider how members’ characteristics relate to their decision to attend based on the collective and private benefits that caucus participation affords. Using interviews of members and staffers as well as members’ attendance records at these meetings from 2007 to 2013, we find, among other things, that members who vote less with their party or who have more seniority are less likely to attend while those in leadership positions or who are electorally vulnerable are more likely to do so. Together, these findings provide additional insights on the relationship between party leaders and their members and which members benefit from this central party‐building activity.