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131.
This paper suggests and justifies a revised formulation of the unilateral accident model based on relaxing two assumptions of the standard model: the precaution function and the harm function. The revised model is, therefore, more general and corresponds better to various situations. A resulting trait of the generalized model is its account for the interaction between the injurer’s care and activity levels, which was implicitly assumed away so far. The revised model is examined using a few standard issues in tort and the analysis brings new results and insights for the unilateral accident case. For example, the view that, under a negligence regime, due care can be defined regardless of the optimal level of activity holds under very restrictive assumptions. In general, due care must be defined simultaneously with the optimal activity level. In addition, the common view suggests that underestimation of the level of actual damages under strict liability would induce injurers to take insufficient care and to engage excessively in a risky activity (and vice versa, for overestimation). This paper shows that underestimation of actual damages may counter-intuitively lead to insufficient activity or excessive care levels. Similarly, the results of underestimating harm under a negligence regime prove to be different than commonly thought. In addition, the revised model questions the intuitive similarity between the underestimation of harm and the judgment-proof problem, and provides some new results for the latter problem. 相似文献
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Prevailing myths concerning wife abuse generally tend to blame the victim. The present study examines the degree of responsibility assigned by police officers to the wife, the husband, as well as the couple's socioeconomic situation in cases of wife abuse. The officer's position (neutral vs supportive) adopted toward the woman is also investigated. The influence of eight characteristics related either to the spouses or to the situation of violence on both the officer's position and the attribution of responsibility is analyzed. The characteristics are: couple's socioeconomic status, type of household, drinking by husband, alleged antagonism on the part of the wife, ambivalence of wife to press charges, type of abuse, history of assault, and violence toward children. The results are based on answers to case vignettes provided by 235 municipal police officers. The data were analyzed by performing a multivariate analysis of variance. Results indicate the type of abuse to be the characteristic with the greatest impact on police attitudes. While the husband is systematically considered more responsible than the wife, police officers always consider the wife somewhat responsible, particularly when there is alleged antagonism by the woman and when threats of violence are present. 相似文献
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Jacob Weinrib 《Ratio juris》2017,30(3):341-352
If there is one point on which defenders and critics of the doctrine of proportionality agree, it is that Dworkin's rights as trumps model stands as a radical alternative to the doctrine. Those who are sympathetic to proportionality reject the rights as trumps model for failing to acknowledge that there are conditions under which a right may be justifiably infringed. In turn, those who regard rights as trumps reject the doctrine of proportionality for failing to take rights seriously. This paper argues that each of these views is mistaken. On the one hand, Dworkin's rights as trumps model elides with a prominent version of the proportionality doctrine. On the other, this version takes rights seriously. 相似文献
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Jacob Rowbottom 《The Political quarterly》2020,91(4):722-730
This article looks at the regulation of third parties in UK election law. During the 2019 general election campaign, media reports noted an increase in non-party organisations spending money on electoral advertisements on social media. Such advertisements raised a number of ethical questions, related to spending, transparency, and the content of the messages. Despite such recent concerns, third party electoral activity in the UK is not new, and the existing legal framework regulates campaign spending. That framework has its roots in Victorian-era election law and has been periodically updated. This article will look at the challenges in designing laws to regulate third party electoral activity, as a difficult line has to be drawn to ensure the laws are effective, while at the same time not imposing too many burdens on independent political activity. Moreover, the move to digital campaigning poses some further challenges, such as monitoring compliance by third party campaigners. While there are no simple solutions to some of the issues raised by third party electoral activity, this article will note some of the measures that could at least improve the transparency of such campaigning. 相似文献
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Jacob M. Grumbach 《Legislative Studies Quarterly》2020,45(1):5-34
Theories in campaign finance research suggest that interest group contributions moderate, and individual contributions polarize, state legislators. However, interest groups are comprised of individuals, and public opinion data suggest that group-affiliated individual donors are more politically active and have especially extreme attitudes. This article investigates the relationship between group-affiliated donors and legislative polarization in the U.S. states. In recent elections, individual contributors have grown more closely affiliated with activist organizations, such as environmental and anti-abortion groups. Contributions from these group-affiliated contributors predict legislative extremism at least as well as overall contributions from interest groups, individual donors, party committees, and party-affiliated individuals. Using a novel data set of state legislative primary dates, results suggest that this relationship may be concentrated in the nomination process. Although the potential for endogeneity merits caution, the findings complicate theoretical firewalls between organizations and individuals in research on parties, interest groups, and campaign finance. 相似文献