政治附庸还是忠诚公仆?——关于日本司法系统的两种看法

本文分析了二战后头五十年内关于日本司法系统的两种观点。一种观点认为日本法官自愿成为执政党的政治附庸,另一种则认为他们是世界上最独立和诚实的司法人员。双方都同意,作为日本司法系统的特征,对个体法官进行紧密的官僚制控制使得司法系统统一并且和谐运转,但这也导致了日本法官更趋向于服从重森严的等级,而非法律的教义。就这一点而言,日本司法系统可能成为其他国家,比如中国的可借鉴利用的模型,因为后者正在缺乏大量法律从业人员的情况下建设新的司法系统。必须注意的是,日本司法系统是在能够缓和极权倾向的有效民主制度中运行的。作为最终的结论,所有的司法系统都是极具政治性的,他们的所有工作都是以其自身所处的制度文化和政治文化为背景而展开的。本文也分析了各持上述一种观点的两位学者间互相冲突的方法论:马克·拉姆塞耶的回归分析和理性选择假说以及约翰·黑利的传统比较法制度历史分析。本文比较了两种方法论的强处和弱处,并体现了以下两点:第一,至少在这里,定量分析进路强调了个体选择的作用,而定性分析则强调了制度设置;第二,尽管定性分析能提供更为宽广的叙述,但也以故事中空白情节的人为虚构和因此造成的结果走样为代价。     

Correlates of crime in Taiwan

Taiwan is known for rapid economic growth, but in 1988, the government ended 40 years of martial law, resulting in greater political and social freedoms. This paper explores the influence of economic, social, and political structures on crime in the Republic of China on Taiwan. A time series analysis examines the structural correlates of crime in Taiwan from 1964 to 1990. Both total crime and burglary/larceny rates are regressed on seven independent variables derived from various theoretical perspectives. The results support Hagan's power-control and Christie's crime-industry perspectives for total crime, while measures assessing lack of economic means and the economic deprivation were significant for burglary/larceny.     

Supporting the Message,Not the Messenger: The Correlates of Attitudes towards Black Lives Matter

American Journal of Criminal Justice - Since the Black Lives Matter movement’s rise to prominence, there has been significant opposition from both media and political figures who believe that...     

The Effects of Mandated Health Insurance Benefits for Autism on Out‐of‐Pocket Costs and Access to Treatment

As of 2014, 37 states have passed mandates requiring many private health insurance policies to cover diagnostic and treatment services for autism spectrum disorders (ASDs). We explore whether ASD mandates are associated with out‐of‐pocket costs, financial burden, and cost or insurance‐related problems with access to treatment among privately insured children with special health care needs (CSHCNs). We use difference‐in‐difference and difference‐in‐difference‐in‐difference approaches, comparing pre–post mandate changes in outcomes among CSHCN who have ASD versus CSHCN other than ASD. Data come from the 2005 to 2006 and the 2009 to 2010 waves of the National Survey of CSHCN. Based on the model used, our findings show no statistically significant association between state ASD mandates and caregivers’ reports about financial burden, access to care, and unmet need for services. However, we do find some evidence that ASD mandates may have beneficial effects in states in which greater percentages of privately insured individuals are subject to the mandates. We caution that we do not study the characteristics of ASD mandates in detail, and most ASD mandates have gone into effect very recently during our study period.     

Conjuring up the next attack: the future-orientedness of terror and the counterterrorist imagination

Although terrorism is widely understood to be the politically motivated creation of fear by means of violence in a target group, the nature of that fear is seldom explained or even considered. The present article attempts to close that gap by proposing a definition of terror as the apprehension of (more) violence to come. Because every terrorist act is perceived to be part of a potential series, terror is oriented towards the future and involves the imaginary anticipation of prospective events. On the basis of this definition, I will examine the problematical role of counterterrorist discourse. As the statements of public officials and security experts in the run-up to, and during, the “War on Terror” demonstrate, the peculiar dynamic of terror is, seemingly paradoxically, reinforced by counterterrorist rhetoric. With its insistence on the escalatory nature of terrorist violence and its repeated prediction of even worse attacks, counterterrorism contributes to the evocation of terror in the sense proposed here.