本质的还是建构的?——论性倾向平等保护中的“不可改变”进路

性倾向和性别、种族一样,属于因出生而获得的"不可改变"特征,所以应该得到严格审查,得到宪法的平等保护。这一进路遭到了批评,因为关键问题在于政府立法和性倾向之间是否具有关联性。自然科学关于同性恋生物基础的研究对"不可改变"提供了强有力的支持,而这种本质主义的研究遭到了社会建构主义者强有力的批判,身份政治中的这一争论提醒我们,从"我也无能为力"的诉求中,同性恋权利不能获得真正的力量。     

民法典中的侵权行为法体系展望

侵权法的体系应当顺时而变以满足现代工业社会的需要。侵权法的目的应当从保障行为人自由向填补受害人损失发展,侵权法上的归责事由应当包括自己过错责任、替代责任和物的责任三种,立法模式应当包括一般条款、有限列举、无限列举三种模式。在内容上侵权行为法应当包括归责事由、责任类型、损害赔偿等。     

The future of online social work education and Title IV-E child welfare stipends

ABSTRACT

In this concept paper, the authors explore online learning in social work and how IV-E education has been and will continue to be impacted. An empirical estimate of the national prevalence of online IV-E social work degree options is presented. Using Colorado as a case example, the authors share some of the opportunities and challenges presented by online education. Universities in Colorado have realized that online education connects rural and indigenous communities, reduces the need for students to relocate, and promotes a well-prepared, qualified child welfare workforce, but online options also challenge programs with localization issues. With connectivity increased and the physical location of students becoming less and less relevant, IV-E child welfare education providers need a proactive national dialogue to further assess the benefits and barriers to IV-E partnerships across state lines and the development of promising approaches in this area. The recruitment and retention of a well-educated and prepared child welfare workforce is critical for positive outcomes for children and families. Online social work education continues to grow nationwide. Now is the time for a national workgroup, including a broad group of stakeholders, to explore how the IV-E community will respond to online delivery of social work education.     

Healthy aspirations? Crypto-eugenics and the aim to create healthy families in Australia, 1946–1970s

This paper explores the incorporation of eugenic objectives within family focused and psychologically based public health initiatives throughout the 1940s–1970s. By focusing on three of Australia’s enduring public health initiatives – family planning, marriage guidance and sex education – I consider how post-war eugenic rhetoric in Australia was initially dominated by educational services which centred on creating a conducive environment for eugenically aligned reproductive choices within the nuclear family structure. The fact the term ‘eugenics’ was increasingly omitted from what remained eugenically aligned public health activities will also be considered.     

Equality Law and the Protected Characteristics

UK anti‐discrimination law is founded on a grounds‐based system of protected characteristics. For this system to function as a legitimate and workable legal framework the characteristics must satisfy three conditions: they must have some definitional and categorical stability, they must broadly reflect people's understanding of social reality and lived experiences and they must align with the most significant axes of discrimination in society. This article argues that all three conditions are becoming increasingly difficult to satisfy as a result of dramatic shifts in social configurations of identity and the ongoing failure to include socio‐economic status as a legally protected characteristic. The future of the legislative framework may depend on the willingness of courts and policy‐makers to adopt a more context‐based approach to the protected characteristics. This would require them to interrogate claims of individual instances of discrimination in the context of wider, but also more particular substantive group disadvantage.     

工会组织要在企业安全生产中发挥重要作用

工会维护职工合法权益,必须维护职工的生命安全和身心健康;必须以党中央关于安全生产的重要指示作为工会劳动保护工作的指导思想,将工会劳动保护工作纳入工会维权工作的总体目标,切实把“以人为本”放在工会维权工作的首位,充分发挥工会组织的作用。     

Diversity in the Judiciary: The Case For Positive Action

A range of policies has been developed in England and Wales to reform the judicial appointments process so as to promote greater diversity. But despite two decades of official activity, the pace of change has been far slower than anticipated. Increasing awareness of the intransigence of the problem has led to a greater willingness to revisit some of the more fundamental tenets which have underpinned the approach to the problem to date, in particular, the unquestioning and inflexible commitment to the principle of equal treatment. This article examines the different forms of positive action which might play a part in the development of new diversity strategies for the judiciary. It reviews the arguments for and against different types, in terms of effectiveness, quality of appointments, and equity. It goes on to consider the legal frameworks which govern diversity and equality policies and assesses the legal implications of adopting different forms of positive action.     

Interrogating the Political Economy of Age

This article considers the argument by Tim Vlandas, in this issue, that an ageing electorate may undermine democracies’ ability to make the right economic choices. Vlandas suggests that the emergence of gerontocratic politics may give rise to ‘gerontonomia’: an economy run for the old, at the expense of younger generations and of future prosperity. However, evidence from the UK suggests a more mixed picture. Age-based voting patterns have been consequential around single issues, not least the 2016 Brexit referendum. However, voters’ interests in broad economic policy models are not easily reducible to age dynamics, and intergenerational politics are filtered through a set of normative and affective considerations beyond straightforward self-interest. Moreover, since the rational interests of different age groups do not speak for themselves, cueing by political elites is potentially significant and may be contributing to older voters’ relative tolerance of a poor economic record.     

新体制下高职院校投入制度改革研究

建立科学而完备的教育投入制度是我国当前十分重要的改革任务,应该提高到中华民族兴衰和发展的高度来认识。我国教育体制改革提出“按照新的管理体制和运行机制办学”的基本原则,国家对高等职业教育给予了积极的支持和高度的关注,但要切实解决好高职教育投入的制度、路径与方式等问题,建立可行、稳定而有效的经费投入体系仍然是一个既重大又迫切,并且是短时间内难以解决的问题。     

Experiential and empathetic engagements with global poverty: ‘Live below the line so that others can rise above it’

In recent years events that physically challenge Northern publics have emerged as a new form of engagement with global poverty. In this article we examine the ‘Live Below the Line’ (LBTL) campaign, which asks participants to live on a small amount of money equivalent to the international poverty line for five days, as an example of experiential exercises that complement physical challenges with the simulation of some aspect of poor people’s lives. Drawing on interviews with participants in the 2013 New Zealand campaign, we argue that LBTL creates a limited understanding of poverty focused on poor food consumption caused by low income. While participants were able to have a more embodied and empathetic engagement with poverty, they projected their own physical and emotional sensations onto imagined poor others. As a result, stereotypes about those living in poverty were reinforced rather than challenged.