从宪法角度看社会行动者对国家决定的影响

本文在通过分析社会、国家决定和宪法立法的概念,通过德国法学思想区分国家和社会两个概念的历史,在当代德国宪法确立的国家和社会相分离的基础上,讨论了社会行动者对国家立法、行政、司法三方面决定的影响,着重从规范和政治评价的角度,分析了与这些影响密切相关的机会和风险,表明宪法在维持机会和风险之间平衡具有不可或缺的地位。本文作者希望德国的经验对中国建设法治国家有所帮助。     

Improvisation and Negotiation: Expecting the Unexpected

Negotiators must improvise. As the negotiations process unfolds, they work with new information, continually making decisions along the way to achieve favorable results. Skilled improvisational jazz musicians and actors perform in similar ways: they repeatedly practice song chord progressions and notes or scene guidelines before a performance; then, during the performance, they work with the information or the music they hear in order to react and respond, making decisions along the way to produce dazzling music or a compelling scene. In this article, two experts in negotiation, a jazz-improvisation scholar, a former member of an improvisational theater troupe, and a psychotherapist versed in therapeutic improvisational techniques explore the improvisational nature of negotiation.
Several aspects of negotiation are similar to improvisation. Both negotiators and improvisational performers need to have a similar mind-set to be successful, both need to recognize and/or change that mind-set at times, and both must craft creative solutions. But there are some significant differences between improvisational performance and negotiation practice, which this article also notes. For example, personal charisma ("star quality") is a common attribute of successful performers, but not something negotiators may always rely on. Similarly, improvisational artists usually work as a team, while a negotiator is often on his or her own. Nonetheless, the incorporation of improvisation techniques into the negotiation skills repertoire holds great promise for practicing negotiators and is a worthy topic of future negotiation research and teaching.     

Marital Satisfaction and Marital Discord as Risk Markers for Intimate Partner Violence: A Meta-analytic Review

A meta-analysis investigating the relationship between marital satisfaction/discord and intimate partner violence (IPV) in heterosexual relationships was conducted with 32 articles. Overall, a small-to-moderate effect size (r = −0.27) indicated a significant and negative relationship existed between marital satisfaction/discord and IPV. Moderator analyses found no differences between effect size based on construct examined (discord or satisfaction). However, the magnitudes of observed effect sizes were influenced by other moderator variables, including the use of standardized versus non-standardized measures, gender of the offender and victim, role in the violence (perpetrator versus victim), and sample type (clinical versus community). The data suggests that gender is an especially important moderator variable in understanding the relationship between marital satisfaction/discord and IPV.     

Intoxicated Consent in Rape: Bree and Juror Decision-Making

The article examines the recent Court of Appeal judgment in Bree, in which the court considered the guidance that should be given to a jury when the complainant is intoxicated at the time of an alleged rape. As well as analysing the reasoning of the court in Bree, the judgment is placed in context by examining factors, such as social attitudes, that influence juror decision-making in rape cases. It also examines the suggestion made by the court in Bree that further law reform in this area would represent 'patronising interference' in the lives of women.     

Valence characteristics, costly policy and the median-crossing property: A diagrammatic exposition

Voters value valence characteristics such as honesty and competence. In this paper, we consider the situation where candidates may have more than one valence characteristic of importance to the voters. At the same time we introduce a new concept “the median-crossing property" which differs from single-peakedness and is less restrictive than the single-crossing property. If indifference curves satisfy the median-crossing property, then voting is transitive and the majority's preference rankings coincide with those of the median voter; if the indifference curves violate the median-crossing property, then intransitivity may arise. The framework also allows us to consider elections with costly policy.