经济法学科学化的法教义学路径

科学化是经济法学科发展的关键。法教义学呈现了法律科学的逻辑性、体系性和可验证性的基本要素,为经济法学的科学化提供了体系化的可能路径。根据法教义学"价值-规范-事实"的研究框架,在价值层面,经济法的社会功能是一种社会对国家经济治理权的想象和期待,旨在以正当、合理的经济介入方式维持和恢复经济系统的良序运行,经济介入的积极形式是培育市场功能条件,消极形式是对经济系统自主运行失序状态的纠正。在规范层面,经济法律规范体系可分解为四组经济法教义学的"理想类型",从而构建起由社会功能、公正优先和法律义务三个要素组成的法律命题体系。在事实层面,经济法应实现立法的体系化与司法的操作化,达成法教义与法治实践的良性互动。     

浅析刑法客观主义的主观化倾向

晚近以来,刑法客观主义具有了主观化倾向:在理论原点上,开始给予人的素质和社会环境以适当的地位,为评价犯罪时考虑行为人的人身危险性提供了可能,并提出了人格行为的概念,更充分地考虑了行为人的危险性格;在责任论上,试图从行为背后的人格之中发现谴责的契机。     

Can We Make Accurate Long-term Predictions About Patterns of De-escalation in Offending Behavior?

This study consists of a comparative analysis of patterns of de-escalation between ages 17–18 and 32, based on data from two well-known prospective longitudinal studies, the Cambridge Study in Delinquent Development (a study of 411 working-class males in London) and the Montreal Two Samples Longitudinal Study (a sample of 470 adjudicated French-Canadian males). Analyses focus on within-individual change, with individuals serving as their own controls. In this regard, the magnitude of measured change is relative to the past degree of involvement in offending. These results are contrasted with predictors of between-individual differences in offending behavior at age 32. We investigate the respective roles of cognitive predispositions and social bonds in the prediction of patterns of de-escalation, and assess whether it is possible to make relatively long-term predictions (over a 15-year period) about offending in adulthood. Findings suggest that traditional measures of social bonds and cognitive predispositions measured at age 17–18 are generally weak predictors of de-escalation up to age 32. However, these measures are stronger predictors of between-individual differences in offending gravity. These findings highlight the difficulties in making accurate long-term predictions about changes in individual offending patterns early in the criminal career.

Parents, Friends, and Romantic Partners: Enmeshment in Deviant Networks and Adolescent Delinquency Involvement

Adolescent networks include parents, friends, and romantic partners, but research on the social learning mechanisms related to delinquency has not typically examined the characteristics of all three domains simultaneously. Analyses draw on data from the Toledo Adolescent Relationships Study (n = 957), and our analytic sample contains 51% male and 49% female as well as 69% white, 24% African-American, and 7% Latino respondents. Parents,’ peers,’ and partners’ deviance are each related to respondents’ delinquency, and affiliation with a greater number of deviant networks is associated with higher self-reported involvement. Analyses that consider enmeshment type indicate that those with both above average romantic partner and friend delinquency report especially high levels of self-reported involvement. In all comparisons, adolescents with deviant romantic partners are more delinquent than those youths with more prosocial partners, regardless of friends’ and parents’ behavior. Findings highlight the importance of capturing the adolescent’s entire network of affiliations, rather than viewing these in isolation, and suggest the need for additional research on romantic partner influences on delinquent behavior and other adolescent outcomes.

Examining Temporal Associations Between School Connectedness and Early Adolescent Adjustment

This study examined (a) the associations between school connectedness and early adolescent adjustment problems over a 1 year period and (b) the equivalence of these associations across gender. Five hundred middle school students (53.4% female), initially in the 6th and 7th grades, participated in the two-wave study. Results from two-group cross-lagged panel analyses were consistent across boys’ and girls’ data. After controlling for baseline levels of adjustment problems, school connectedness predicted lower levels of early adolescent conduct problems 1 year later. Regarding the opposite direction of associations, and even after baseline levels of school connectedness were taken into account, conduct problems predicted lower levels of subsequent school connectedness. There were no cross-lagged associations between depressive symptoms and school connectedness, although elevated levels of baseline depressive symptoms predicted higher levels of subsequent conduct problems. Findings elaborate previous research by demonstrating that early adolescents actively shape the middle school environment.

Early Adolescents’ Social Standing in Peer Groups: Behavioral Correlates of Stability and Change

Sociometric nominations, social cognitive maps, and self-report questionnaires were completed in consecutive years by 327 students (56% girls) followed longitudinally from grade 7 to grade 8 to examine the stability of social standing in peer groups and correlates of changes in social standing. Social preference, perceived popularity, network centrality, and leadership were moderately stable from grade 7 to grade 8. Alcohol use and relational aggression in grade 7 predicted changes in social preference and centrality, respectively, between grade 7 and grade 8, but these effects were moderated by gender and ethnicity. Changes in social standing from grade 7 to grade 8 were unrelated to grade 8 physical aggression, relational aggression, and alcohol use after controlling for the grade 7 corollaries of these behaviors. Results are discussed in terms of their implications for understanding links between social standing and problem behaviors during adolescence.

An oasis of democracy in an authoritarian sea? Civil society,social, and institutional trust in Georgia

We examine whether the existence of civil society in Georgia has promoted social and institutional trust in the population. As much of the literature suggests, Georgia is different from its neighbors in that civil society development is more advanced. Does participation in civil society lead to more social and institutional trust? Using survey data from the Caucasus Barometer and the World Values Survey, we find that attitudes regarding social and institutional trust are more developed in Georgia than in its neighbors, and that activity in voluntary organizations is positively associated with social and institutional trust in Georgia.     

From a follower to a trendsetter: Hungary's post-Cold War identity and the West

The article attempts to make sense of recent developments in Hungary's relationship with the EU and the US by explicating the logic behind the formation of its post-Cold War identity. The article's central theoretical argument derives from social identity theory (SIT) in social psychology which argues that social groups strive for positive distinctiveness and provides concrete hypotheses concerning the identity management strategies that groups use to enhance their relative position. Extrapolating the identity management techniques predicted by SIT to international politics, I suggest that states may enhance their relative standing by imitating more advanced states (strategy of social mobility), trying to displace the higher-ranked state (strategy of social competition), or finding a new arena in which to be superior (strategy of social creativity). The article argues that Orban's government post-2010 steps in domestic and foreign policy can be conceptualized as attempts to redefine Hungary's identity by moving away from the strategy of social mobility pursued since the end of communism towards the strategy of social creativity.     

Parallel publics? Support for income redistribution in times of economic crisis

This article investigates the dynamics of support for income redistribution in Europe. With European Social Survey data spanning 2006 to 2012, it assesses whether the Great Recession resulted in substantial parallelism or increasing polarisation in preference change across various sub‐publics. After introducing hypotheses based on claims that social groups are affected differently by economic insecurity, the article proceeds in two empirical sections. First, whereas prior research suggests that hard times fuel diverging attitudinal patterns, it is found that income groups, ideological groups and educational groups did not shift differently over time during the first years of the crisis, thus providing strong evidence for the ‘parallel publics’ hypothesis in the European context and in times of economic turmoil. Next, the article addresses the extent to which change in aggregate support for redistribution came from changes in small minorities of the population, supposed to be more responsive to their economic environment. Using multilevel analysis, it is shown that the most educated significantly contributed to the overall change more than the others. As a result, they may have been partly driving the economic mood during the first years of the Great Recession.