现代法治与民主宪政的金融解释

金融发展对一国的现代法治与民主宪政有着深远的促进作用。金融格局与工商文明构建了现代民主、法治的基石,内生化了市场对法律制度、民主宪政制度供给的需求。欧洲式的现代民主法治的建构与金融市场的发展有着极为密切的联系。正是由于有着与金融财富增长相匹配的金融民主模式,欧美国家的民主宪政得以确立。文章以金融秩序与工商文明的发展为主线,从金融视角,解读中国社会工商文明的系统累积与法律制度供给,金融工商文明的话语体系与思维方式,政府公权力与民间私权利的互动,对深刻理解与构建中国社会的现代法治与民主宪政,具有重要意义。     

Power-sharing and peace in Côte d'Ivoire: past examples and future prospects

Many scholars have expressed grave concerns over the increased popularity of power-sharing agreements in Africa, arguing that power-sharing is an unstable form of government that provides only short-term reprieve from violent conflict. While most African experiments with power-sharing have failed, this does not necessarily invalidate the case for employing such agreements. The critical importance of context has been cited as a key factor in explaining the success or failure of power-sharing. In other words, it is not that power-sharing is inherently flawed but rather that it should only be employed in certain contexts. This article examines the role of context in explaining different power-sharing outcomes by analysing power-sharing in Côte d'Ivoire. The country provides an excellent case study for examining the importance of context as power-sharing agreements have been adopted in a variety of contexts with diverging outcomes. The article systematically examines key peace agreements and resulting power-sharing arrangements since the outbreak of civil war in 2002 in order to evaluate which factors help to explain successes and failures of power-sharing in Côte d'Ivoire. The article concludes by considering how previous examples may help to shed light on future prospects for power-sharing in Côte d'Ivoire and elsewhere.     

The mental health and substance misuse needs of male ex-armed forces personnel in prison

Ex-armed forces personnel constitute the largest known occupational group in prison but there is little evidence regarding their mental health, or substance misuse, needs. A total of 105 participants were interviewed and measures assessing symptoms of common mental health (CMH) problems and substance misuse were completed along with a review of their health care records. Forty (38%) participants screened for current CMH problems (CCMH) and high levels of dual symptomology and alcohol misuse were assessed. Thirty-nine (37%) had a mental health diagnosis recorded, most commonly for post-traumatic stress disorder (PTSD), depression and personality disorder. Those who screened for a CCMH problem were more likely to have pre-service vulnerability to negative health outcomes and those with dual symptomology were more likely to have experienced deployment during their service. Findings suggest the mental health needs of this group are similar to the general prison population. Potentially higher prevalences of PTSD and alcohol misuse may direct service provision.     

Exploring the Link between Mentoring Program Structure & Success Rates: Results from a National Survey

Though mentoring has emerged as a promising and low-cost intervention for at-risk youth in recent years, the scientific knowledge base on the topic remains under-developed. The current study augments the knowledge base on youth mentoring by analyzing programmatic elements of mentoring programs situated in or adjacent to the juvenile justice system that are predictive of participant success. Poisson regression was utilized to analyze data collected through a national mentoring community saturation survey. Findings indicated that mentoring programs that require more frequent interaction and sustain relationships for longer timeframes realize higher success rates. Similarly, the use of formal mentor training was also observed as indicative of the use of evidence based practices and higher success rates, though likely beyond the logistical and fiscal reach of some local mentoring initiatives. The implications for further research and the mentoring community are discussed.     

Gaze patterns to child figures reflect deviant sexual preference in child sex offenders—a first glance

Abstract

Research on non-offending heterosexual participants has indicated that men's gaze allocation reflects their sexual preference. In this exploratory pilot study we investigated whether naturalistic gaze behaviour is sensitive to deviant sexual preferences. We compared gaze patterns of convicted heterosexual child sex offenders (CSOs; n = 13) with female victims to heterosexual non-offending men (n = 13) in a task of free-viewing images of clothed male and female figures aged 10, 20 and 40 years. CSOs dedicated more fixations to the upper body of the female child than male child figures. The pattern was different for the control sample, whose gaze pattern to male and female figures could only be differentiated when viewing adult figures. CSOs showed significantly greater difference in their gaze towards the upper body of male and female children than non-offenders. Our findings provide preliminary evidence for eye-tracking as a potential method of assessing deviant sexual interest.     

When is a group not a political group? the dissolution of the TDI group in the european parliament

This article is about political groups and non-attached members in the European Parliament (EP). Although the strengthening of the former to the detriment of the latter is an old as well as an incremental phenomenon, it is with the current legislature that the struggle between the two has become a central issue of the EP agenda. The peak is the case of the TDI Group (‘Bonino-Le Pen’), the first political group dissolved by the assembly itself, backed by an unprecedented judgment of the Court of First Instance, on the basis of the lack of political affinities between its members. At the same time as shedding light on the way political groups are conceived and the prerogatives they reserve, this episode emphasises the special imperatives of the EP internal organisation and helps to explain the most recent revision of the Rules of Procedure. The study reveals that over time the EP has increasingly enhanced the role of political groups to an extent that non-attached members consider prejudicial for the full exercise of the democratic mandate; moreover, it shows that the requirement of political affinities to form political groups is formal in nature so that only an explicit denial would entail its actual enforcement, as was the case for the TDI Group; finally, while emphasising that the EP's internal structure needs to be considered in the light of the special legislative role and unique transnational features of the institution itself, it warns that reference to other national models can be misleading.     

Pre-parliamentary backgrounds of Australian major party MPs: effects on representation

Legislative recruitment patterns are an important study in the field of political science, given their consequences for the practice of parliamentary government. The Australian parliament is a bicameral legislature, including a powerful elected upper chamber. This article details the pre-parliamentary party backgrounds of Australia's two major parties, the Australian Labor Party (ALP) and the Liberal/National Party coalition (LNP) in the 39th Australian Parliament (1998–2001). It is hypothesised that the pre-parliamentary backgrounds of Upper House major party MPs are dominated by central party experience, while the party experience of Lower House MPs is more significantly localised. It is further hypothesised that these differences in pre-parliamentary backgrounds will remain constant when the respective parties are evaluated individually. This appears something of a paradox given that one would expect central party activists to prefer a legislative career in the lower house, affording them greater ministerial opportunities. The causes of such deviations from expected background distributions amongst legislators is explored. Contrary to traditional findings, upper house MPs are highly partisan, performing functionary roles to assist their lower house colleagues secure re-election. Strong senator partisanship is reflected in the non-parliamentary practice of major party senators. Such partisanship is a consequence of party selection methods, the electoral system and pre-parliamentary party backgrounds, not necessarily the uniquely powerful Australian Senate. It is therefore significant in the Australian polity and may have consequences for less powerful and/or unelected upper chambers in other bicameral parliaments.     

Beyond the Goods/Resources Dichotomy: Animal Labor and Trade Law

Abstract

Since its inception, the World Trade Organization (WTO) has, in a rather self-evident manner, treated animals as objects of trade: Animals must be either goods or natural resources subject to the terms and conditions of the General Agreement on Tariffs and Trade (GATT). However, broader public and legal efforts to recategorize animals from goods to “sentient beings,” which are emerging across the world, are casting serious doubt on these assumptions. Using animals’ subjectivity as a starting point, a new and bourgeoning strand of anthropological, ethical, and political studies argues that animals should properly be recognized as working subjects. Be it guide dogs, truffle hogs, logging elephants, or dairy cows—working animals, they argue, are owed wholly new legal and ethical duties. This article builds on these arguments to examine the consequences of “animal labor” for trade law: Are animals wrongly classified as commodities or resources? Is there a need and room to recognize animals as service providers under the General Agreement on Trade in Services (GATS)? What are the legal consequences of this proposed change? This article sets out to answer these questions and argues that recognizing animals as workers in trade law is conceptually coherent and can play a crucial role in empowering states to protect animals effectively at the international level.     

The changing geography of metropolitan opportunity: The segregation of the poor in U.S. metropolitan areas, 1970 to 1990

Abstract

This analysis uses census tract data to measure the segregation of the poor in U.S. metropolitan areas in 1970, 1980, and 1990. Two measures of segregation are used: the indices of dissimilarity and isolation.

In 1990 the mean dissimilarity of the poor in the 100 largest U.S. metropolitan areas was 36.1, which is substantial but below the 60.6 dissimilarity of blacks. The 1990 isolation of the poor was 21.0. From 1970 to 1990, the dissimilarity of the poor increased by 11 percent, and the isolation of the poor rose by 9 percent; in contrast, racial segregation declined. Exploratory regression analyses reveal that income segregation in metropolitan areas was significantly greater in 1990 and increased more from 1970 to 1990 in the Northeast than in the South and West. Midwest areas generally were not significantly different from Northeast areas in 1990 segregation levels or in changes from 1970 to 1990.