艾滋病人卖淫嫖娼行为的刑法评价

艾滋病群体属于特殊的弱势群体。卖淫、嫖娼行为则常常为道德所不耻,在中国法律体系中,一般属于行政违法行为。特殊主体与一般违法行为的不当结合,产生了严重危害社会的结果,也使其进入了刑法的视野。但是对这一行为在刑法上应当如何评价,在理论和实务中却存在着各种争论与冲突。总结各种观点,大多认为其可能构成传播性病罪、故意杀人罪、故意伤害罪。当然也有学者提出增设传播艾滋病毒罪的主张。笔者则认为该类行为宜认定为危害公共安全罪。     

美国法典1404(a)与非方便法院原则辨析

由于美国法典28卷1404（a）条款的立法规定在功能与措辞上均非常类似普通法上的非方便法院原则,因此很多学者误以为该立法规定与非方便法院原则之间并不存在实质性的差异。然而,这一看法并不正确。事实上,1404（a）条款立法在法律效果、证明标准以及具体适用方面均与非方便法院原则存在显著的区别。     

Reshaping State Structure and Strategy: The Reform of Railway Policy in Germany and Italy

For almost four decades, the reform of the state has been a recurrent and relevant topic for social sciences. Has the s.c. positive state been replaced by a regulatory state, or have hybrid configurations emerged? Based on a comparative analysis of German and Italian railway policies, this article aims to contribute to the literature on regulation, considering the possibility of policy mixes in which elements of the positive and the regulatory state are interrelated. Such hybridization is the result of multiple-actor policy arenas, where regulatory tools are used to restructure state’s direct intervention rather than to bring about its retreat.     

Farm-Level Pathways to Improved Nutritional Status: Introduction to the Special Issue

Abstract

Global, national and local policies and programmes for agricultural development are recurrently justified based on their alleged role in improving food and nutrition security. However, strikingly little evidence is available to prove that a direct, household-level link between agricultural production and improved nutrition exists. The objective of this special issue is to systematically and empirically test, using data from Africa and South Asia, whether a relationship between household agricultural production and nutrition can be found. Overall, the studies in this special issue support the hypothesis that household agricultural production has direct and important linkages with dietary patterns and nutrition.     

The Western Muhajirat of ISIS

An unprecedented number of Western women have recently joined the Islamic State of Iraq and Syria (ISIS). The group has envisaged strictly non-combat roles for them, but violence is an essential part of their embraced ideology and several signs suggest that they could claim a more militant role. Their marginalization, however, is essential for the preservation of ISIS's power system and it is consequently unlikely that it would accommodate such aspiration, at least in the areas of the proclaimed caliphate. It could be different in the West, where women returning from conflict areas or those, even more numerous, anxious to join but unable to travel, could engage in violent acts.     

Correction to: Age Patterns in Risk Taking Across the World

Journal of Youth and Adolescence - In the original publication, the legends for Figs 4 and 5 were incorrect, such that each regression line was mislabeled with the incorrect country. Below are the...     

Public debt stabilization: the relevance of policymakers’ time horizons

Policymakers are stuck in time. Political short-termism, policy myopia, policy short-sightedness, and similar words have been coined to emphasize the present-centric policy thinking. Politics tends to produce short time horizons, and as a result, policymakers often fail to use present opportunities to mitigate future harms. Focusing on fiscal and monetary strategic interactions, given different separate decision makers, our paper aims to explore the effects of policymakers’ time horizons on debt stabilization. To formalize our ideas, we use the novel concept of Nonlinear-model-predictive-control Feedback Nash Equilibrium (NFNE) and find that present-centric policy thinking and decision horizons matters under several dimensions.     

Learning-Shaping Crises: A Longitudinal Comparison of Public Personnel Reforms in Italy, 1992‒2014

Abstract

This article analyses the attempts to reform public administration, notably personnel management, in Italy between 1992 and 2014, with a focus on implementation and the period following the multiple crises that have unfolded since 2008. By untangling the policy learning processes between multiple crises, past reform attempts and domestic and European “contexts in motion”, the article finds that efficiency-oriented reforms have floundered regardless of the political color of governments or indeed of the nature – political or technocratic – of the governments. Domestic factors, notably the frequency of government alternation, i.e. government instability, and European pressure have further reinforced the orientation towards single-loop lessons, i.e. the almost exclusive effecting of short-term cost-cutting measures.     

Trust and Reciprocity in the Aftermath of Natural Disasters

Abstract

Beyond all the material and economic losses that natural disasters produce, post-disaster environments can alter the social capital of a community by affecting social norms, attitudes, and people’s behaviour. To analyse this issue, we empirically investigate the effect that the aftermath of a disaster can have on trust and reciprocity of people within communities. We do this by comparing outcomes of trust games conducted in earthquake-affected and non-affected rural villages one year after the 2010 Chilean earthquake. Our findings show that while trust levels do not differ across cases, reciprocity is lower in earthquake-affected areas.