地位与策略:“大调解”中的人民法院

本文是对当前部分地方推行的,力图追求法院在大调解中占据主导地位的本土实践的反思,并试图通过论述证明:法院在现有的制度环境下很难真正地扮演起大调解中的主导角色。这与执政党对法院的定位、社会公众对解纷机构的选择倾向和司法的固有限度息息相关。法院的这种角色决定了其在追求大调解格局主导地位过程中所采用的各种策略。这些策略的采用虽然极大提升了法院解决疑难纠纷的能力,但却同时进一步限制了法院对主导地位的追求。二律悖反的事实说明准确定位才是法院在大调解中发挥更大作用的基础和关键。     

Elite Dependency——An Operational Logic of Nonprofit Organization for Social Service

There’s been relatively rare research on the internal governance of nonprofit organization, and for this, we should take the elite as an individual focus. Based on theories of multiply disciplines, three analytical paths are constructed: Elite dependency on value, elite dependency on resource, elite dependency on capability. The actual operational logic of nonprofit organization for social service is as follows: elite dependency on value determines elite dependency on resource; elite dependency on resource disturbs elite dependency on value; elite dependency on value determines elite dependency on capability; elite dependency means dependency on elite as well as informal relationship.     

教唆犯从属性说的中国式展开

教唆犯从属性说是刑法客观主义时代的必然要求,教唆犯从属性问题分为实行从属性、要素从属性和罪名从属性。根据我国刑事立法的规定和相关的刑法理论,应当认为我国刑法坚持了实行从属性和要素从属性的观点。在我国刑法中,罪名从属性不具有立足之地。     

Whatever Happened to Overloaded Government?

Anthony King was, among other things, an outstandingly acute public intellectual. His work on overload and policy fiasco exemplifies this. His original diagnosis in his famous paper of 1975 was deeply pessimistic in character, but subsequent adaptations by government solved many of the original problems arising from dependency relations. These adaptations amounted to the creation of a Madisonian system of regulation that insulated policy makers from democratic pressures. But these adaptations in turn created new difficulties that lie at the root of the analysis in King and Crewe's The Blunders of our Governments, published nearly four decades after King's original classic paper.     

Decolonising International Relations?

How do we ‘decolonise’ the field of International Relations? The aim to decolonise has become a widely discussed and mentioned subject across the social sciences and humanities. The article aims to discuss what 'decolonisation' might mean in the context of the field of International Relations.     

COVID-19 and Historical Global Rupture in Latin America

This article contrasts two significant ruptures in globalisation. World War I in 1914 was a significant break from the Latin American export-oriented development that was firmly connected to economic globalisation. This article uses the Argentine case study to reveal the ramifications of the post-1914 global breakdown for the republic's internationally dependent development. It draws comparisons with the current COVID-19 crisis as a significant departure from rapid globalisation. Both events altered the trajectory of international activity. Analysis of the 1914 rupture exposes the parallels with COVID-19 and its potential severity for Latin America's internationally connected development.     

权力与腐败——从罗宾斯的权力理论谈防治腐败

腐败的形式多种多样 ,其实质是以公共权力谋私利。斯蒂芬· P·罗宾斯认为 ,权力最重要的一点在于它依赖的函数 ,若你手中握有资源的重要性、稀缺性和不可替代性 ,就可以增加别人对你的依赖。那么 ,对资源的重要性、稀缺性和不可替代性进行合理分解 ,以防止过分依赖性下腐败行为的发生     

A LAWYER FOR EVERY CHILD: CLIENT-DIRECTED REPRESENTATION IN DEPENDENCY CASES

The article begins with a due process analysis concluding that children are legally entitled to counsel and continues by presenting examples of federal and state legislation, court decisions, and public policy arguments that support this right. The article then goes a step further to advocate for a traditional, client-directed model of representation, which empowers children and leads to better judicial decision making. Finally, the article discusses the impact of high caseloads and lack of training on attorney performance. This article serves as an important addition to the academic literature examining the need for and role of the child's attorney in dependency proceedings.     

Society for Latin American Studies 2004 Plenary Lecture The Return of Cuba to Latin America: The End of Cuban Exceptionalism?

Comparing Cuban history and contemporary circumstances to those in the rest of the region, this article challenges the idea of Cuban exceptionalism. The last four decades have seen Cuba move away from typical Latin American patterns such as economic and geographical inequalities. The Revolution has not been able, however, to reverse a historical dependence on external financing nor has it resolved racial inequities. While the Revolution did establish an unusually effective political apparatus, it did not use this opportunity to nurture democracy. As the social welfare advances of the revolution erode, Cuba resembles the rest of the continent ever more and reflects the central problems facing the region.     

Two Cheers for Interpretivism: Deconstructing the British Political Tradition

This article engages with Bevir and Rhodes' version of interpretivism from a critical realist perspective. It argues that they are misguided to equate path‐dependency with path‐determinancy. Instead, we argue that there are three path‐dependencies, institutional, discursive and political‐economic, which constrain without determining the actions of agents and thus effect political outcomes. The argument is illustrated through a brief consideration of the operation of the British Political Tradition.