我国性价值观的发展与性犯罪立法的完善

刑法规范是伦理性最强的法律规范之一,随着经济、行政犯罪在刑法中的比重相应增加,刑法规范的伦理性逐步弱化,法益保护色彩加强。我国刑事立法的修改与完善方向是:直面同性恋,明确卖淫含义,不对强制猥亵的行为对象进行限制;对与淫秽物品有关的行为不宜泛犯罪化,应当就其场所、内容、范围、对象的不同加以区别;宽容对待隐私权,维护社会公德,加强对未成年人的保护;增加性贿赂的刑罚制裁,严厉打击权色交易。     

Institutional Change and Professional Norms: A Study of Grading Behavior in Higher Education

This study investigates how an institutional exogenous change interacts with professional norms in relation to behavior in public organizations. We test how a new grading scale introduced in 2007 changed grade point averages and pass rates at two university departments. Data consist of register data on grading between 2004 and 2010. We find that the new grading scale both increased grade point averages and pass rates and halted the negative time trend in these variables. These effects are even greater for exams with an external examiner. The main conclusion is that grading systems affect grading both immediately and over time.     

How to construct your sexuality according to French magazines

Gendered magazines are a major contemporary form of mediation, (re)production and organization of (hetero)sexuality. They illustrate how sexual activity and performance become the concern and responsibility of individuals who are able to invest time and resources in the construction of a sexually-skilled self. Drawing on contemporary research, the article seeks to promote a dialogue between media and communications research, analysing French media narratives on sexuality through the reading of a selection of articles from the best-selling summer magazines aimed at 18- to 25-year-old readers. The article uses a semiodiscursive analysis to understand how didactic models are made to (re)produce specific knowledge on sexuality and to ascertain that this knowledge is coded in an expertise discourse. Through the hypothesis of a didactic ambition, three didactic models are identified, and attention is here focused on the short-coming/reparative model, that simultaneously creates a dysfunction and a fix. The analysis eventually reveals that didactic models are made to organize social life by strictly dividing sexual and therefore social roles between “men” and “women”. The moral criteria called upon regulate the ideal treatment of those didactic modalities and the discourse in magazines ends up shaping sexuality as a contemporary moral economy, a problem that should be pragmatically treated through the use of a certain type of knowledge.     

Preventive War and Permissive Normative Order

Following the terrorist attacks of September 11, 2001, U.S. president George W. Bush articulated a new national security strategy based on striking terrorist organizations and the states that harbor them before they could endanger the United States. Though expressed in the language of preemption, the Bush strategy embodied a far more problematic doctrine of preventive warfare. Whereas the grounds for preemption lie in evidence of a credible, imminent threat, the basis for prevention rests on the suspicion of an incipient, contingent threat. We argue that an American national security strategy that embraces preventive war will set an inauspicious precedent, undermining normative restraints on when and how states may use military force.     

Do referendum results change norm perceptions and personal opinions?

Referendums are often seen as a means to legitimize the outcome as the new norm and increase acceptance of the outcome. Do referendums actually have these effects? More precisely, do voters recognize the referendum result as the new norm? And do voters go as far as to change their own minds in accord with the referendum result? We explore these questions using a panel survey that we conducted in Ireland before and after the abortion referendum that was held on May 25, 2018. We find that, after the referendum, voters updated their norm perceptions in the direction of the referendum result. However, we find inconsistent evidence that the referendum convinced voters to change their personal opinions about abortion. The findings provide insights on the power and the limit of referendums in increasing policy agreement among voters.     

企业劳动规章的法律性质辨析——兼评我国企业劳动规章法律制度

通过对有关企业劳动规章法律性质各学说的比较分析,认为企业的经营需要与劳动者的权益保护是决定企业劳动规章法律制度的两个基本因素,故提出“修正的根据二分说”的观点,主张企业劳动规章系由基于劳资双方合意的契约发挥效力部分和基于企业经营管理权产生、法律赋予其约束力的部分构成;进而对我国现行企业劳动规章法律制度,尤其是《劳动合同法》第4条中劳资双方权利失衡问题进行了探讨。     

国际法与国内法关系的法理学思考——兼论亚洲国家关于这一问题的观点

本文旨在从法理学的高度来探讨国际法与国内法的关系。以法律规范的和谐统一作为科学地认识国际法与国内法关系的逻辑点 ,通过对法的调整机制和内在特质所具有的普遍性进行分析 ,提出了关于国际法和国内法关系的“法律规范协调说”。     

Gendered Pathways to Bullying Perpetration via Social Achievement Goals – Mediating Effects of Sense of Belonging and Non-inclusive Group Norms

ABSTRACT

This study investigated the gender-specific effects of social achievement goals – i.e., social development goals, social demonstration approach goals, and social demonstration avoid goals – on bullying perpetration in a sample of 788 adolescents (53.3% girls), taking into account the mediating role of sense of belonging and non-inclusive group norms. Two-group structural equation modeling results indicated that social demonstration approach goals positively predicted bullying perpetration for both genders. For girls, higher social development goals and for boys, higher social avoidance goals decreased bullying perpetration. Gender-specific effects of belonging and non-inclusive group norms on bullying perpetration occurred. For boys, non-inclusive group norms mediated the relation between all social achievement goals and bullying perpetration. Implications for future research and (gender-sensitive) bullying interventions are discussed.     

Older parents' expectations for filial support

A measure of general filial obligation expectations is presented. With data from a representative sample aged 70 and older, we show that generalized expectations for support from adult children are not patterned systematically by sociodemographic factors or by health needs of the older respondents. A typology is presented which relates expectations for help to judgments of the level received. This typology is meaningfully related to social indicators presumably related to need such as marital status and socioeconomic status. Whether one is dissatisfied, satisfied, or pleasantly surprised by the assistance one receives is associated with evaluative judgments of children. The parent-child bond is affected not only by exchange patterns but by the fit between expectations and exchange patterns.     

斯威顿耕作方式的实存及其价值评估

本文认为“现代化”的胜利 ,并不一定会导致人类多元文化并存的终结。相反 ,在“现代化”进程中不断地强化了多元文化 ,各民族的经济生活方式不会因此而消失。族际经济生活方式差异并不是简单地等于“先进”与“落后”、“强势与弱势”的线性关系 ,而是包含着其类型与样式系统复合性的综合差异 ,使之构成与其生境 (自然环境与社会环境 )相适应的文化结构逻辑关系。纵然在族群互动中发生了一系列变迁 ,但族际经济生活的差异从文化底蕴中仍然可以看到其经济生活的差异的存在。本文对西南地区从事斯威顿耕作经济生活方式的实存研究出发 ,对其价值进行了评估。这些评估指标的建立对于分析不同类型、不同样式的族际经济生活方式有一定的代表性