对《中华人民共和国法律汇编:1979—1986》的反思

<正> 在1987年8月24日的《北京周报》上,我第一次谈到的有关中国立法文选的一个短评。几个月后,在中国首都,我起初拟买两卷中国法律汇编。遗憾的是,在我所光顾的书店里,所有能买到的只有英译的刑法和刑事诉讼法,以及若干有关国家外资经济之立法的译本。据悉,我所要买的那两个版本,很快便销售一空。只是到了后来,通过一位在人大常委会秘书处工作的好心年青人,我才终于搞到那套书。这个两卷本的法律汇编共有约800页,外国人对之有兴趣是可以理解的。它提供了120多个当今中国有效的法规英译名。这个版本是"法制委员会     

Cities and oil. Historical and prospective aspects of the urban population of Venezuela

The authors present a historical overview of urbanization in Venezuela. The impact of the oil economy on population change and spatial distribution is emphasized. A typology of cities based on socioeconomic function and on a demographic classification of urban centers is devised. Future trends in urbanization are also considered. (SUMMARY IN ENG)     

Introduction

The Federal Republic of Germany celebrated its fortieth anniversaryin May 1989. In spite of the devastation brought by World WarII, the division of the country between East and West, and theloss of one-fourth of its territory, the Bonn Republic was foundedunder more propitious circumstances than was its democraticpredecessa after World War I, the Weimar Republic. Togetherwith an "economic miracle" that brought about economic growthand a high standard of living. West Germany experienced a "politicalmirracle" that led to governmental stability and a system asdemocratic as any other in Europe. Federalism has contributedto this miracle, and, in contrast to the nineteenth century,is now identified closely with democracy in Germany. The articlescontained in this volume provide a broad overview of postwarfederalism in Germany, from its origins, organization, strengths,and weaknesses, to interpretations and assessments of currenttrends and developments.     

Consulting critics: A new role for academic policy analysts

It is by now widely accepted that social science research has only an indirect and general impact on public policymaking. Academic social science research, it is often argued, is antithetical to policy research: the former is animated by traditional scientific canons while the latter is specific and problem-oriented. Moreover, modern bureaucracies are now understood as political environments within which pure research will be routinely ignored if it does not serve someone's interests. For these and other reasons, social scientists are being encouraged either to eschew policy research or not to expect much influence. This article provides an alternative model of social scientists in the policy process, as consulting critics reviewing, analyzing and commenting upon substantive policy research. This model holds benefits for both scholars and clients, turns the canons of scientific inquiry into assets instead of liabilities, and responds to some of the concerns recently raised in the literature concerning the role of social science in the policy process.     

A precise method for evaluating election schemes

A previously published paper evaluated election schemes under a wide variety of election circumstances. This paper improves upon the previous work by refining the measures used to rate the election schemes and increasing the statistical significance of those ratings. With these modifications, we can now draw some new conclusions:

1. In general circumstances, the Borda System outperforms the Copeland System which outperforms Approval which outperforms Majority Rule.
2. The Maximin Rule — strongly supported by Rawls's — turns out to be a reasonable election rule if the number of election alternatives is large relative to the number of voters.
3. With two exceptions, all our election systems performed quite well given a society with highly correlated utilities.
4. Given a polarized society, a serial dictatorship was better than every other election system except Borda.

Perhaps even more importantly, we now have the possibility of conducting some cost/benefit analyses of different proposals for electoral changes.     

The patient who refuses medical treatment: a dilemma for hospitals and physicians

This article reviews recent case and statutory law concerning patients who refuse medical treatment. Among the special cases considered are: the competent adult patient who refuses treatment on religious or privacy grounds; the incompetent patient whose own wishes were never expressed, but whose family refuses treatment; the incompetent patient who expressed the wish not to be treated before becoming incompetent; and parents who refuse treatment on behalf of their child. It is pointed out that recent court decisions have blurred the distinctions between "extraordinary" care and "ordinary" care and between withholding and withdrawing life-sustaining treatment. Reference is made to the recent trend toward allowing the family of an incompetent patient to assert the patient's rights without court intervention either in the form of direct court order or through guardianship proceedings. Finally, the implications of these legal developments for health care institutions are discussed. A protocol pertaining to incompetent patients is proposed. Health care institutions are encouraged to develop formal policies for dealing with patients who refuse treatment, and to work with their professional associations in lobbying for legislation which will clarify the law in this area.