风险代理的制度经济学分析

作为律师收费的一种方式,风险代理的产生也是制度选择和制度变迁的结果。风险代理不仅可以使律师具有制度保障的责任意识,避免律师、委托人的机会主义行为,还体现着程序公平和契约精神。然而,“逆向选择”、“道德风险”、社会心理、信用缺失等因素则影响着风险代理的绩效,因此,建立法律服务信息披露制度,健全社会信用体系,完善监督机制,并重视风险代理的制度限制与制度互补成为风险代理制度创新的必然选择。     

Don’t push too hard. Examining the managerial behaviours of local authorities in collaborative networks with nonprofit organisations

In recent years, collaborative networks have been at the forefront of theoretical, empirical and practical research into local governance. Nevertheless, the managerial behaviours local managers should employ in order to improve the performance of these networks are unclear. Following scholars' examinations of governance and the complementary relationship between government bodies and nonprofit organisations, we empirically examined – so far as we know for the first time – the relationship between local authority managerial behaviours towards nonprofit organisations, and the performance of collaborative networks. We found that above and beyond micro- and macro-level factors, the more the local authority employs inclusive governance and financial support behaviours towards the nonprofit organisation, the higher the performance of the collaborative network. In addition, the more the local authority employs monitoring-controlling behaviours, the lower the performance of the collaborative network. Theoretical and practical implications of our findings are developed in the context of local governance.     

The “Servants” of Dehradun: A Changing Relationship between Municipal Councillors and Voters in India

The “typical” municipal councillor in India is usually portrayed in the literature as a political entrepreneur in a clientelistic relationship with voters, providing privileged access to the state in return for electoral support. This article arose out of a lack of familiarity with this portrait and the municipal councillors (known locally as Parshads) of Dehradun. Ethnographic research and the co-construction of in-depth profiles with women Parshads revealed key differences in the ways that they get things done, the types of work they do and the ways that voters make demands. The term naukrani, meaning servant, is proposed to capture these dimensions of their everyday work, and to draw attention to the way Parshads are positioned in relation to an increasingly assertive electorate. It is argued that this positioning of naukrani is revelatory of a particular democratic logic in Dehradun and emergent political subjectivities, particularly among the middle class. By examining naukrani as an imposed positioning, rather than a strategic political identity, the limitations of politicians’ self-authorship are suggested. A focus on women Parshads hints at the gendered nature of this positioning and the implicit masculine bias in conventional understandings of political actors’ role in urban governance.     

The Indonesian killings of 1965–1966: the case of Central Java

The mass killings of 1965–1966 in Indonesia marked a watershed in its history. The consensus estimate of lives lost is 500,000. In this paper, demographic and geographic methods are used to characterize the violence in Central Java, one of the worst-affected provinces. The findings provide a portrait of the violence and its dynamics. This portrait highlights the likely complicity of a diverse array of political opponents of the Indonesian Communist Party (PKI). The findings also provide evidence supporting Clifford Geertz's three-aliran (cultural “stream”) model of Javanese society, with the complex interplay of the three aliran and the Indonesian Army in the political realm producing the violent outcomes of 1965–1966. In this manner, this study builds on prior work by Hefner, Jay, Lyon, Mortimer, and Ricklefs on the cultural and social underpinnings of the violence. It also builds on more recent work on the neighboring province of East Java in which the role of two of the three alirans was found to be a significant factor, underlining the importance of the intersection of culture, geography, and politics in understanding this violent episode in Indonesian history.     

A pivotal role? The AFL–CIO and the 2008 presidential election

This article explores the role that organized labor played in the landmark presidential election of 2008. In particular, it explores the work of the American Federation of Labor–Congress of Industrial Organizations (AFL–CIO), which ran its biggest ever election campaign in 2008, spending upwards of $250 million. While there is a vibrant emerging literature on the election, particularly from political scientists and former reporters, labor’s role in the story has been largely overlooked. Drawing on new parts of the AFL–CIO’s papers, as well as interviews with key staffers and federation leaders, this article highlights the important – and overlooked – role that labor played in putting Barack Obama into the White House. Especially important were its extensive efforts to educate – and pressure – white members, many of whom had backed other candidates during the Democratic primaries, to support Obama. Indeed, the Washington Post asserted that union members played a ‘pivotal role’ in Obama’s victory, especially in terms of delivering the white vote. It was a conclusion largely supported by exit polls, which showed that white union members were much more likely to support Obama than whites who were not in unions. The article highlights that despite the decline in union density – by this time only about 12% of American workers belonged to unions, compared to 35% in the 1950s – the labor movement retained considerable political influence, chiefly because of reforms carried out by AFL–CIO President John J. Sweeney. While Obama was unable to fulfill many of the expectations generated by his campaign, the story of labor and the 2008 election is an important one in its own right, showing that contemporary labor could still be a powerful and constructive force.     

Judith Scott’s What is Property?: an inquiry into principles of dependency,propriety, and self-possession of an “outsider” artist

The essay addresses the politics of biography in the interpretation and reception of “outsider artist” Judith Scott’s work. Drawing from feminism, disability studies, and Alexander Kluge and Oskar Negt’s History and Obstinacy (1981) and its political economy of labor power, the essay proposes a new method of analysis which would foreground Scott’s work as a mode of institutional critique. Kluge and Negt ask “Can capital say ‘I’?.” The essay argues that Scott’s work compels a concomitant questioning of this “I” and the very terms of biography, authorship, and ownership that undergird the myths – and the institutions – of the “outsider” and her “art.”     

The great paradox: how Obama’s opening to Cuba may imperil the country’s reform process

This article examines the kind of development and political model most likely to emerge in Cuba, particularly in the wake of the gradual US–Cuban normalisation currently taking place. The rapprochement process, culminating with President Obama’s historic visit in March 2016, has unleashed stiff resistance in both countries. The liberal democratisation paradigm is held up against what we have termed ‘socialist neo-patrimonialism’, with both seen as alternative tools for assessing the direction of social transformations underway in Cuba, focusing on the debate about the role of the national private sector. Paradoxically, normalisation with the USA may so far have had the contrary effect of what President Obama had in mind in this respect: judging from the 7th Congress of the Communist Party in April 2016, it seems that resistance against economic reforms has hardened, caused by a fear that Obama’s charm offensive, combined with a strengthened entrepreneurial sector, will undermine the entire revolutionary project. The article concludes with a discussion of four development scenarios.     

The global,the local and the hybrid in the making of Johannesburg as a world class African city

In 2000 the city of Johannesburg adopted the vision of becoming a World Class African City (WCAC). Since then Johannesburg has been energetically promoted in accordance with this vision. The tagline ‘world-class African city’ is now used in the branding of the city. It has become a major signifier on its logo and a notable catchphrase in its radio adverts of its brand. However, the nested opposition of the ‘world-class’ and ‘African’ discourse has not been explicitly defined in the vision beyond their simplistic connection. Many people have found the vision puzzling and some have questioned its claims. This paper explores the conundrum that lies in the nested opposition of the ‘world-class’ and ‘African’ discursive currents. It identifies the ‘global’ and ‘local’ discursive forces (in the country) which were formative in the creation of the vision. It looks at how the intersection of global and African discursive fronts has become leverage for generating hybrid cultural/cosmopolitan identities. The thrust of the paper is that the urban practices and landscapes of post-apartheid Johannesburg are enacted and re-enacted together with the inspiration, signification and/or representation of the city vision.     

The transnational state and the BRICS: a global capitalism perspective

It is commonplace for observers to see the increasingly prominent role of the BRICS in international economic and political affairs as a Southern challenge to global capitalism and the power of the core Trilateral nation-states. Extant accounts remain mired in a tenacious realist debate over the extent to which the BRICS are challenging the prevailing international order. I suggest that we shift the paradigmatic focus in discussion of the BRICS phenomenon towards a global capitalism perspective that breaks with such a nation-state/inter-state framework. Global integration and transnational capitalist class formation has advanced significantly in the BRICS. BRICS protagonism is aimed less at challenging the prevailing international order than at opening up space in the global system for more extensive integration and a less asymmetric global capitalism. The article examines agricultural subsidies, US–China relations and international trade agreements as empirical reference points in arguing that the concept of the transnational state provides a more satisfying explanatory framework for understanding the BRICS phenomenon than the variety of realist approaches. By misreading the BRICS critical scholars and the global left run the risk of becoming cheerleaders for repressive states and transnational capitalists in the South. We would be better off by a denouement of the BRICS states and siding with ‘BRICS from below’ struggles of popular and working class forces.     

Does Placing Affordable Housing Near Rail Raise Development Costs? Evidence From California’s Four Largest Metropolitan Planning Organizations

California spent over a billion dollars supporting the construction of subsidized affordable housing in rail-adjacent neighborhoods through its transit-oriented development program. We test whether placing affordable housing close to rail or in jobs-rich communities increases development costs on a per-unit basis. We constructed budget and land-use data for nearly 500 tax credit-financed affordable housing sites which applied for tax credits in the state between 2008 and 2016. Through hedonic cost modeling and spatially lagged regression, we fail to find a significant effect of proximity to rail on development costs. Only by interacting proximity to transit with a project being higher than four stories do our models yield a significant effect of 8% higher total development costs. But in these models, a negative 16% interaction term suggests this cost impact is completely absorbed by developers by building above four stories. Beyond this, we find that only jobs–housing balance correlates significantly with per-unit development costs: as the number of jobs relative to housing within a five-mile radius of a site increases by 1, per-unit development costs increases by a mere 5%, on average.