The Frontiers of Legal Analysis: Reframing the Transition in Northern Ireland

British constitutional legal discourse is structurally limited in its capacity to capture the complexity of the Good Friday Agreement. Rather than assessing the Agreement in narrow devolutionary terms, it should be seen as a hybrid domestic and international law instrument, making an important contribution to accepted international law norms in relation to self-determination. The Agreement transforms and partly transcends the Northern Ireland conflict by substituting political contestation for violent conflict, and by defining the modalities of conducting that contestation. This analysis complements classical international law perspectives, and opens up the application of legal discourses associated with 'transitional justice' to the legal and political transformation in Northern Ireland. These discourses focus on the problem of reconciling the demands of peace with the imperatives of justice. The Agreement sits squarely in this terrain with its provisions on 'dealing with the past' and 'institutional legacies'. The insights gained here challenge orthodox thinking about conflict-management and the ongoing political process.     

对“人口准入制”的法学思考

北京两会期间,"人口准入制"的提案引起众多争议,无论是经济学界、社会学界,还是法学界都对此都争议颇多.文章从法学的角度,从正义、自由、平等等法的价值对此提案进行讨论.     

Bargaining for justice: A means to resolve competing justice claims

In many types of social situations, individuals defend their claims to a portion of the rewards by arguing that they are just. Although a great deal of research demonstrates that individuals differ in their distribution preferences and thus their beliefs about what is fair, the literature curiously omits consideration of the consequences of these differences, especially the conflict they may engender. This paper first reviews the few attempts to address such justice conflict. The limitations of these approaches suggest concerns to be addressed in an alternative framework. The paper presents a theoretical discussion of this alternative that integrates assumptions about distribution preferences, justice beliefs, conditions fostering the emergence of justice conflict, and elements of negotiation processes as a basic framework for predictions about the bargaining strategies individuals may employ to resolve competing justice claims.     

Fairnes issues and job satisfaction among korean employees: The significance of status value and procedural justice in work orientation

This study investigates how justice or fairness issues such as procedural justice, distributive justice, and status equity affect job satisfaction among Korean employees. Incorporating cultural values and social norms salient in Korea, the study hypothesizes that perceptions of procedural justice enhance more job satisfaction than perceptions of distributive justice among Korean employees. Another hypothesis, based on Korean employees' aspiration for higher occupational status, predicts that perceptions of status equity, i.e., occupational prestige of their current jobs relative to their human capital, also increase job satisfaction more than perceptions of distributive justice. These two hypotheses were tested with a sample of 501 full-time employees in Korea. Supporting the hypotheses, the results indicated that (i) perceptions of procedural justice produce more job satisfaction than do perceptions of distributive justice; and (ii) perceptions of status equity are the most important factor predicting job satisfaction among the three fairness issues. Cross-cultural implications of these findings are discussed in more detail.The author thanks Professor Hyunho Seok and the Korean Social Science Council (KSSC) for their 1990 national survey data sets.     

论民商法价值取向的异同及其对我国民商立法的影响

民法和商法作为调整市场经济关系的重要法律制度,既有密切联系又有一定区别。其区分依据除了要考虑法律的调整对象之外,立法价值取向的差异也是一个非常重要的因素。民法的最高价值取向是公平,立法上采取的是公平优先原则;而商法的最高价值取向则是效益,立法上采取的是效益优先原则。正确认识民法和商法在价值取向上的不同,无论对于理论研究还是司法实践都具有非常重要的意义。     

Advance notice as a means of reducing relative deprivation

Considerable research has documented that global perceptions of proceduralv fairness are associated with reductions in relative deprivation (RD). Less research has examined the specific process elements that lead individuals to perceive procedural fairness. In view of this, several researchers have suggested that providing advance notice concerning a negative decision increases perceived justice and thereby lowers levels of RD. Unfortunately, the evidence for this causal relationship is currently limited and is based upon a small number of correlation and role-playing studies. Thus, the present paper reports on two experimental studies that investigate the causal relationship between advance notice and RD. Findings in Study 1 showed that advance notice impacted the cognitive aspects of RD but not the affective or behavioral aspects. However, some methodological limitations were identified. These were corrected and a second experiment was conducted. This time advance notice lowered both the cognitive and affective aspects of RD but still did not impact the behavioral measure. Results are discussed in terms of Tyler's (1987) group value model.     

The intellectual adolescence of organizational justice: You've come a long way,maybe

To highlight the advances and limitations in the study of organizational justice as reflected by the articles in this issue, the field is characterized as being in its intellectual adolescence. Following this analogy, some signs of scientific maturity are noted. Among these are (a) increased attention to the connections between organizational justice and various organizational processes, (b) expanded efforts toward conceptual refinement, and (c) greater reliance on research conducted in natural settings. At the same time, the adolescent state of the field is also marked by its intellectual awkwardness and immaturity. Indications of this include (a) the absence of guiding theory, (b) an underdeveloped research agenda, and (c) an overreliance on the use of ad hoc measurements. Based on these limitations, suggestions are made for ways of nurturing the field's development. The article concludes with an optimistic vision of tomorrow's field of organizational justice.     

论《水浒传》梁山聚义的起因、性质和结局

《水浒传》中梁山英雄们进行的是一次自发的对上层统治集团的暴力反抗活动，不是一场有预先准备，精心组织的农民起义，他们被“逼上梁山”，从个体来看，大多并不是由于朝廷的压迫，而是由于自身的原因或为梁山集团所逼，但是从群体的角度来看，这么多人被逼上梁山，仍然反映了深刻的社会危机，从这一角度来看，《水浒传》仍然表达了“官逼民反”的思想，只是这“民”主要是流民阶层，正是由于其流民集团的性质，导致其最后走上失败之路，因此，梁山招安就具有必然性。     

Workplace justice and employee worth

Distributive and procedural justice gain new meaning in light of other distinctions about how organizations value employees (the employees' “worth”). Fair compensation gives employees worth as achieved status: how the employee is like some employees (similarly rewarded) and not like others (dissimilarly rewarded). But employees also want to be treated uniquely as individuals and in other ways to be treated like all other employees, both reflecting worth as ascribed status. Such worth need not involve the distribution of outcomes; it can be gained if procedures function as ends in themselves. Different types of worth thus become the source of different criteria for justice. Based on a paper entitled “Justice as Worth,” which was prepared for the Third International Conference on Social Justice research (held in the Netherlands during July 1991).     

合作作品含义探析

我国著作权立法对合作作品的定义没有做出正面、明确的规定,导致学说和实践对合作作品的认定存在很大的分歧。应该坚持制度创新,将合作作品认定为“由数位作者付出独创性劳动、并且各自的创作意图和合理期望均指向该部以最终形式表现出来的、同一部完整的共同作品。”