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141.
Dean G. Pruitt Robert S. Peirce Neil B. McGillicuddy Gary L. Welton Lynn M. Castrianno 《Law and human behavior》1993,17(3):313-330
This article reports the results of a study of the antecedents of long-term success in community mediation. Seventy-three mediation sessions were recorded and content analyzed. The participants were interviewed at two points: immediately after mediation and 4 to 8 months later. No relationship was found between the quality of the agreements—i.e., the extent to which they solved immediate problems- and long-term success as measured by compliance, improved relations between the parties, and the absence of new problems. On the other hand, joint problem solving by the disputants was related to complainant perceptions of improved relations with the other party. Also respondent perceptions that the mediation had been fair and that all the problems had come out were related to all aspects of long-term success in the eyes of the complainant. The latter results support a procedural justice analysis of mediation and underline the importance of mediator attention to the respondent. 相似文献
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143.
Environmental liability and harmonization in the presence of transboundary effects and hidden assets
Henry van Egteren R. Todd Smith Andrew Eckert 《European Journal of Law and Economics》2006,22(2):143-163
Within the context of transboundary disputes, this paper seeks to determine which liability concept, negligence or strict
liability, performs better when assets are secure against foreign claims for transboundary damages. Our results indicate that,
if assets are hidden from foreign claims, strict liability will not implement the socially optimal outcome, but neither will
negligence. However, even though the socially optimal outcome is not always achieved, strict liability weakly dominates negligence.
These results suggest that the harmonization of statues that deal with transboundary pollution should be based on strict liability
not negligence.
JEL classification K32 · Q5
Smith and Eckert both thank SSHRC of Canada for financial assistance. We thank two referees for valuable comments that greatly
improved the paper and Matt Smith for his research assistance. All remaining errors are our responsibility. 相似文献
144.
145.
ROBERT S. SUMMERS 《Ratio juris》2005,18(2):129-143
Abstract. The four theses of this paper are: (1) that an appropriate organizational form is used to design, define, and organize a functional unit of a legal system, (2) that the functional units of a legal system, contrary to the emphasis in Hart and Kelsen, consist of far more than rules, and include institutions, interpretive and other methodologies, sanctions and remedies, and more, (3) that frontal and systematic study of the forms of these units is a major avenue for advancing understanding of them as duly organized wholes, and, (4) that such study reveals that much credit is due these forms, along with complementary material or other components of the units, for values realized through law. 相似文献
146.
147.
Christopher R. Hughes 《当代中国》2005,14(43):247-267
This article critically appraises the narrative of nationalist resurgence in China in the 1990s that structures much of the secondary literature on Chinese politics since Tiananmen. Adopting a post-structuralist method, Chinese texts from the 1990s are treated as discursive rather than as expressions of a common consensus, emergent ideology or political movement. This makes it possible to bring out the disparate points of view concerning the desirability of nationalism for China and to understand the strategies that are being deployed by authors within the context of everyday Chinese politics. It also reveals the significance of the absence from both the primary and the secondary texts of any mention of the advocacy of nationalism by the political leadership. When this hidden discourse is taken into account, it becomes evident that many of the texts that have been taken as expressions of a nationalist revival are either not particularly interested in nationalism or are highly sceptical concerning its possibilities for solving the problems faced by the Chinese state. Particularly significant is the way in which many of the texts locate themselves in relation to the official discourse on nationalism by appropriating its themes in order to promote and legitimate a wide range of other discourses with which it can be bound up, ranging from democracy to authoritarianism. 相似文献
148.
149.
Jail and prison populations in the United States have continued to grow unabated during the past two decades but crime rates have not declined. Partly in response to the pressures caused by burgeoning correctional populations, the use of alternatives to incarceration has expanded. An ongoing debate centers on the effectiveness of these alternatives. Many criminal justice professionals and some researchers question whether such alternatives seriously restrict the criminal justice system 's ability to incapacitate the active offender. This study deals specifically with two alternatives to incarceration: probation and parole. We examine offender recidivism for a sample of probationers and parolees active in New Orleans, Louisiana, and offer a new approach to addressing the effectiveness issue. Past research has evaluated the effectiveness of alternatives by examining failure rates of diverted offenders. High failure rates, we argue, do not necessarily imply a significant loss of the incapacitative effects of imprisonment. We suggest that a more appropriate measure of the loss of incapacitative effect is the proportion of all offenses committed by persons on probation or parole. Our results suggest that such losses are surprisingly low. The policy implications of our findings are discussed. 相似文献
150.