环境赔偿法——以荷兰为例的社会法学分析

本文对环境民事责任立法进行分析,以图有益于是否需要以及如何进行环境责任立法的讨论.主要分成两大部分.首先运用比较法分析,介绍荷兰的环境民事责任成文法与相关判例法,①包括实体法和程序法两个方面,希望能为中国的立法提供一些值得借鉴的有效途径.然后,主要采用社会法学观点进行分析,讨论荷兰判例法的相关规范移植到中国的可能性和效果,并从公平正义、法律意识等角度,对中国的新立法做出预测.社会法学的分析是本文的重点,强调判例法对于环境责任立法的重要性.在环境法这样一个复杂领域,法律规范应当来自于现实而非抽象的原则性规定.通过对一些已经被欧洲各国承认的判例的介绍,论证法学与社会经济学相结合的分析方法对于立法的重要意义.环境民事立法应当具有环境个体保护的立法价值,还必须体现公平正义积极有利于法律意识的提高.同时,要配之以相当的执行力度,这主要有赖于法律有关规定和诉讼成本以及胜诉率等因素     

The balance of ecumenism and sectarianism: rethinking religion and foreign policy in Iran*

Foreign policy development in the Islamic Republic is often conceived through secularizing homologies of ideology and pragmatism and radicalism and moderation. Policy practice, however, has often welded their crossed terms together religiously. This article seeks to resolve some contradictions in extant models by reconceiving of Iran’s foreign policy since 1979 as a religious system that differentiates contending values hierarchically. It explores policy in three periods representing particular balances of ecumenism and sectarianism: the revolutionary decade (1979–1989), the reformist interlude (1989–2005) and the era of radical reassertion (2005–2013). Rather than being perceived as fundamentally opposed orientations, ecumenism and sectarianism are presented as integrated tendencies of Shiite Islamism.     

Perceived Social Support and Early Adolescents’ Achievement: The Mediational Roles of Motivational Beliefs and Emotions

Although a bulk of literature shows that perceived social support (PSS) influences academic achievement, the mechanisms through which this effect operates received little empirical attention. The present study examined the multiple mediational effects of motivational beliefs (competence beliefs and subjective value) and emotions (anxiety and enjoyment) that may account for the empirical link between PSS (from parents, peers and teachers) and mathematics achievement. The participants of the study were 238 grade 7 students (average age = 13.2 years, girls = 54%, predominantly native Dutch middle class socioeconomic status). A bootstrap analysis (a relatively new technique for testing multiple mediation) revealed that the motivational beliefs and the emotions, jointly, partially mediated the effect of PSS on achievement. The proportion of the effects mediated, however, varied across the support sources from 55% to 75%. The findings lend support to the theoretical assumptions in the literature that supportive social relationships influence achievement through motivational and affective pathways.     

Copyright in the Information Society: Scenario's and Strategies

Copyright law trades off the costs of limiting access to information against the benefits of providing incentives to create information in the first place. The development of digital rights management (DRM) may disturb the balance between creation and distribution of information. What policy strategy should be followed by a national government given that effective systems of DRM may develop and given that legislation and policy-making increasingly take place at the level of the European Union? Because the quality of the protection that can be obtained by DRM is uncertain, two scenarios are developed. The scenarios require different policy reactions. Alternative policy strategies are discussed.