The political obstacles to economic reform in North Korea: The ultra cautious strategy in comparative perspective

As a result of the financial crisis, some commentators see the reform process in the East Asian states as an outcome of the disciplining behaviour of financial markets that will lead to the emergence of a neoliberal form of capitalism. The Malaysian experience suggests, however, that progress to neoliberal forms of economic organization will not be inevitable, despite governments having to increasingly accommodate global markets. In Malaysia, the degree to which a neoliberal adjustment response could be embraced was limited by domestic political factors. First, the government needed to maintain the ethnic based distributive policy that favours ethnic Malays with material entitlements for reasons of state and regime security. Second, the state was not wholly insulated from a key social group that emerged as a result of the ethnic-based distributive policy, namely an elite Malay corporate group. A third reason was economic nationalism, a major component of Prime Minister Mahathir's vision for the country that stressed the building up of Malaysian corporations and conglomerates. Access to domestic sources of funds for adjustment and the centralization of power in the government, particularly in the office of the Prime Minister, facilitated this process of defending national economic arrangements, at least during the period in question. The limited liberalization of the ethnic based distributive policy did not, however, imply a shift in the ideological and policy agenda towards complete embrace of neoliberal norms and practices. The imposition of capital controls, although announced as a temporary measure to allow space for the government to pursue its preferred course of adjustment, further indicates that the commitment to free markets in Malaysia is instrumental. The Malaysian case suggests that movement towards neoliberal forms of economic organization as a result of the financial crisis may be limited and is not inevitable.     

Why might constructed nationalist and ethnic ideologies come into confrontation with each other?

The paper develops a model for examining ethnic conflict in Southeast Asia, using Indonesia as an illustrative case. Ethnic conflict is explained as arising not out of the facts of ethno-cultural pluralism, but rather out of the disentwining of the three visions of the nation: as civic community, as ethno-cultural community and as multicultural community.This disentwining occurs particularly in the context of pressures for democratization. Three aspects of politics are identified as promoting the disentwining so as to engender the weakening of the civic nationalist vision, and thence the confrontation between a majoritarian ethno-cultural nationalism and a minority-focused multicultural nationalism. First, the spread of ideas related to democracy generates the spread of liberal forms of the three nationalist visions, alongside the authoritarian forms, and puts the spotlight on the divergences between these visions. Ideas of democracy are then highjacked by ethnic majorities claiming majority rights, and by ethnic minorities claiming minority rights. Second, the patrimonial basis for politics in much of Southeast Asia means that ethnic majorities and minorities alike perceive democratization as the search for responsive patrons, rather than as the search for civic equality. Third, civic nationalism is further weakened by the erosion of faith in the social justice promises of state elites. While these features of politics promote ethnic tensions, they also generate countervailing factors that ensure the political disunity of ethnic minorities, and thereby inhibit the extent of ethnic conflict.     

Evaluating the work of Australia's Family Relationship Centres: Evidence from the first 5 years

Family Relationship Centres (FRCs) have been described as a centerpiece of Australia's 2006 family law reforms. This paper places these centres in the larger context of the reforms and their commitment to providing community‐based family services in the family law area. The paper also examines the empirical evidence regarding FRCs' use and effectiveness. It notes that while the objectives and intentions of FRCs place considerable emphasis on strengthening family relationships and assisting families to stay together, the centres themselves have only a modest level of direct involvement with intact families. FRCs tend to have strong links with other community‐based family services, many of whom are more engaged with intact families; but it is difficult to gauge their effectiveness in this area. Most FRCs' direct services are aimed at separating families and most of that work involves family dispute resolution (family mediation) and associated services such as screening and assessment and the provision of relevant information. A substantial majority of clients who attend FDR at an FRC reach agreement about their parenting arrangements either at FDR or subsequent to attending FDR. These agreements also tend to hold up in the medium term. A majority of parents believe that at FDR, the child(ren)'s needs were taken into account; the parenting agreement worked for the child(ren); and the parenting agreement worked for them. A substantial proportion of FRC clients come from families that have experienced family violence or other dysfunctional behaviours, and such behaviours reduce the chances of resolving parenting disputes. The paper concludes by suggesting that having been created mainly as a default alternative to legal interventions and court processes, it is likely that a major future strength of FRCs will lie in their emerging capacity to work constructively not only with other relationship services and networks, but with family lawyers and the courts.     

Family Relationship Centres: partnerships with Legal Assistance Services

In June 2009, the Commonwealth Attorney General in Australia announced a Family Relationship Centres/ Legal Assistance Partnerships Program, (the “Better Partnerships” program). Its aim was to assist separated or separating families, “by providing access to early and targeted legal information and advice when attending Family Relationship Centres” (McClelland, 2009). After contextualizing this significant shift in policy and practice, the present paper reports on largely positive key results of an evaluation of the program by the Australian Institute of Family Studies. The paper concludes with reflections on future challenges and possibilities regarding ongoing collaboration between Australia's legal and family relationship sectors.     

民族地区经济发展与法制建设的宪法性思考——以《宪法》第四条之规定为切入

中国历来重视民族地区发展问题,《宪法》第四条关于民族问题的规定,对民族地区的发展作出了纲领性要求。改革开放以来,民族地区的经济社会得到了较快的发展,民族法制建设取得巨大的成就,对保障民族地区经济社会的可持续发展提供了良好的经济和法制保障。然而,与国内其他地区相比,民族地区的经济发展仍然滞后,民族地区的法制建设仍然任重道远.如何将二者置于宪法语境下综合考量,切实推进民族地区经济社会的可持续发展,具有重大的理论研究价值和现实意义。     

新时期和谐警民关系的建构与完善

和谐的警民关系建设是和谐社会建设的重要组成部分,是做好新形势下社会稳定工作的根本保证。从这个意义出发,新时期建构与完善和谐的警民关系是公安机关的政治责任、法律责任、公共责任和社会责任。公安机关必须正视当前影响警民关系的不和谐因素和原因,不断建构和完善新时期的和谐警民关系：树立和谐警民关系理念;增强做群众工作的意识和水平;提高执法办案的能力和要求;正确行使警察权、严格规范非警务活动;注重社区警务建设;强化警察公共关系建设。     

Electoral entry and success of ethnic minority parties in central and eastern Europe: A hierarchical selection model

The paper examines determinants of electoral entry and success of ethnic minority parties in central and eastern Europe. The application of a hierarchical selection model shows that the strategic entry of minority parties depends on their expected electoral success due both to observed and unobserved factors. Drawing on formal models of electoral entry, the electoral success of new (or niche) parties is expected to be influenced by the costs of entry (determined by electoral thresholds) and the potential for electoral support. The latter depends on the reactions of political competitors and electoral demand, measured here as the size of ethnic groups and the saliency of ethnic issues. In line with these expectations, parties only run if they can expect electoral support sufficient to pass the electoral threshold. This finding would have been overlooked by a naïve model of electoral success which does not take self-selection into account.     

散射格局:地缘村落的构成与性质——基于一个移民湾子的考察

在《乡土中国》中,费孝通先生以血缘关系为基点建构中国村落社会的理想图景,忽视了事实上大量存在的以地缘为基础建立的村落。本文通过对江汉平原一个移民湾子的形成过程的考察,发现在血缘关系不发达的村落中,基于地缘建立的人情关系和互助关系是村落内部最为重要的两种社会关系,村落成为地域意义上的人情圈和互助圈,并形成一种与费老的差序格局具有显著差异的散射格局的社会结构形态。通过对地缘村落社会关系与社会结构的考察,文章将地缘村落建构为一种与血缘村落不同的村落类型,并以这种类型建构为基础对中国村落进行地域划分,推进对中国乡土社会性质的理解。     

主体民族主义与国族构建的悖论——以色列民族政策思想之评析

以色列是一个以犹太、阿拉伯两大族类为主体的多民族国家。国家的犹太属性、内部殖民主义和分而治之是以色列处理与国内阿拉伯人民族关系的基本思想。以色列的民族政策造成阿拉伯人在社会生活的各个方面遭受挤压、歧视,成为经济落后、政治孤立的少数族类,与主流社会十分疏远。这一现实与以色列理应将全体国民纳入其民族国家构建范畴,以塑造统一的政治文化共同体和国族认同的民族构建产生了直接的悖论,并且从根本上制约着国家的稳定、健康与和谐发展。     

韩国的医师说明义务与患者知情同意权

医师的说明义务与患者的知情同意权是医疗关系的核心内容,并成为医疗责任认定的主要依据。韩国对于这一对权利义务关系的认识经历了从传统医疗模式向人道模式的转变,使得患者从医疗关系的客体转变为主体。这一转变不仅改变了患者的地位,更体现出法律的进步。然而,单纯强调患者的知情同意权将会导致医师实施保守治疗,因此,平衡医师的说明义务与患者知情同意权之间的关系显得尤为重要。