革命者与立法者之间：新英格兰乡镇的政治学理

美利坚独立革命的烽火首先从乡镇（波士顿、康科德、莱克星顿）点燃，并在乡镇联合行动中逐步形成燎原之势。1780年，在麻萨诸塞，新的邦宪条款的制定可以说是参加制宪大会（convention）的代表与他们各自所代表的乡镇民众不断讨论斟酌的结果，其中大、小乡镇之间围绕邦议会代表权、行政职位的设置、司法权的地位、邦与各乡镇之关系等现实议题的争论正是七年后费城合众国立宪大会的现实依据和学理基础。在丹尼尔·谢斯（Daniel Shays）及其率领的自耕农（Regulators）看来，麻萨诸塞政府已经成为东部商业利益集团谋取私利的工具，设在波士顿的新政府日趋脱离人民，走向专制，为此人民有责任揭竿而起，驱逐渡士顿的权力精英，捍卫《独立宣言》的基本原则；同样，在南、北战争前夕的南部种植园主看来，联邦政府已被以林肯及其共和党代表的东北部利益集团所操控，美利坚国家的立国原则遭到破坏，而南部“美利坚联众国”（the Confederate States of America）的使命正是意在捍卫美利坚国父们的立国精神。为此，对乡镇的历史考察和现实观照无疑是推进我们理解当代美国政治和美利坚政治文化的关键环节，本文正是这一努力的初步尝试。     

论工人职业安全卫生参与权及其法律保护

我国安全生产事故频发,职业病危害严重,职业安全卫生形势不容乐观。应借鉴国外工人参与职业安全卫生的立法,完善我国现有的职业安全卫生相关法律制度,通过设立安全卫生代表和安全卫生委员会,构建工人参与途径,扩大雇主参与责任,共同确保我国工人职业安全卫生参与权的实现。     

Sex differentials in phthisis mortality in England and Wales, 1861–1870

In the mid-nineteenth century phthisis, or pulmonary tuberculosis, was the single most important cause of death in England and Wales. It was widely distributed geographically though some areas were worse affected than others. This paper explores aspects of the geography of phthisis mortality in England in the second half of the nineteenth century, with particular attention to the sex differential in mortality from this cause. Phthisis is often thought of as a disease of young women, and throughout much of England and Wales, especially in agricultural areas, women aged between 15 and 40 years were especially vulnerable. However the sex ratio of deaths from phthisis varied greatly from place to place and, in some places where phthisis was prevalent, men rather than young women were at the greatest risk of death. Phthisis mortality was sufficiently important that the geography of the overall sex differential in mortality was to a considerable extent determined by the geography of the sex differential in phthisis mortality. Where phthisis mortality disadvantaged females, the overall sex differential between male and female mortality was small or even negative; where phthisis mortality disadvantaged males, the overall sex differential was large. The paper then considers explanations of geographical variations in the sex differential in phthisis mortality. It is not clear that these are best explained by a ‘bargaining-nutrition’ account which holds that young women in poor households were especially vulnerable to mortality from phthisis because their weak intra-household bargaining position compromised their nutritional status. Other factors, such as the return migration to their native areas of out-migrants who became sick with the disease, and working conditions, especially for females, may have been more important. The final part of the paper considers the implications of the results for explanations of the decline of phthisis mortality between 1860 and 1900.     

英国古典法治理论的告别与超越:走向另一种法治基础主义--19世纪英国法治理论的现代转型

19世纪是人类科学的世纪,是法学作为一门真正的科学得以确立的时期,同时,也是英国法治理论由古典向新的模式即现代化转变的关键时期.三大发现这一坚实的科学基础促使了制约法治理论研究的实证哲学的产生.在19世纪的政治哲学和法学领域,批判的生力军有斯宾塞、边沁、密尔、奥斯丁和梅因.他们认为,世界不是由人的理性的构建的世界,社会秩序不完全是理性秩序.此时,其法治理论的突出特别是自由主义、科学主义和功利主义.     

英美浮动担保制度及与我国担保法律制度的完善－－兼评《中国物权法草案建议稿》的有关规定

本文通过概述英美浮动担保法律制度的特征 ,并将其与我国有关担保法律制度进行比较和研究 ,从中发现了我国有关担保制度的缺陷 ,并提出立法建议     

Implementing the Mental Health Act 2007 in British general practice: Lessons from Ireland

Changes in mental health legislation (e.g. Mental Health Act 2007 in England and Wales, Mental Health Act 2001 in Ireland) have generally improved adherence to international human rights standards, but also present challenges to primary care providers. When mental health legislation was substantially reformed in Ireland, 62.9% of general practitioners (GPs) felt the new legislation was not user-friendly. Majorities of GPs who felt the legislation affected their practice reported increased workloads (85%) and various other difficulties (53%). GPs who had received training about the legislation were more likely to find it user-friendly (43% versus 30.9%), and informal training (e.g. from colleagues) was just as likely as formal training to be associated with a GP finding it user-friendly. With similar changes to mental health legislation being introduced in England and Wales, it is significant that informal training is just as good as formal training in helping GPs work with new mental health legislation.     

Whatever Became of the British?

Much of the debate about ‘being British’ is driven by the politics of the constitutional future of the United Kingdom. This has led to assertions about the declining impact of Britishness, and how, in the interests of the Union, it might be revived. Data from British and Scottish Social Attitudes surveys show that ‘Britain’ remains an important and meaningful frame of reference, even though people in England and Scotland may not define their prime national identity as British. The relationship between national identity and constitutional preferences is complex. Being ‘strongly Scottish’ is a weak predictor of constitutional preferences because almost all Scots are at the ‘strong’ end of the Scottish scale, whereas saying you are ‘British’ (or not) is a better guide. It is not a matter of choosing to be Scottish or English over being British, but recognising the complexity and inter‐relationships of diverse territorial identities.     

Social Justice and Religion in Prison: The Case of England and Wales

The policy of the Federal Bureau of Prisons in the United States is to show equal respect for all religious faiths, but the Prison Service Chaplaincy of England and Wales employs only Christian chaplains and is effectively controlled by the established Church of England. Recent empirical research shows that prisoners who belong to minority faith communities and new religious movements in England and Wales do not enjoy equality of opportunity to practice their religion. For example, their religious and spiritual needs are met by volunteer Visiting Ministers, who in turn must rely on full-time Christian chaplains to facilitate their access to prisoners, meeting rooms, and religious artifacts. This dependency gives rise to feelings of resentment, unjust discrimination, and marginalization among members of minority faith communities.     

The social,relational and mental health characteristics of justice-involved men in the south-west England

The aim of this article is to describe the social, relational and mental health characteristics of a sample of offenders serving prison or community sentences in the south-west England. About 100 adult male offenders were screened for anxiety and depressive disorders, post-traumatic stress disorder (PTSD), drug and alcohol dependence, and likely personality disorder using validated instruments. Fifty-eight per cent of the sample reported at least one common mental health problem, of these only 26% reported receiving treatment. Participants exposed to traumatic events and/or participants with past mental health problems were more likely to score positive for current common mental health problems. Our study identified factors that may increase the risk of a first episode or recurrent anxiety and/or depression for offenders. Health and criminal justice services should create partnerships and develop interventions that address the risk factors which lead and/or contribute to offenders' mental health difficulties.     

Devolution,Evolution, Revolution … Democracy? What's Really Happening to English Local Governance?

The Cities and Local Government Devolution Bill 2015–2016[HL] was introduced into the House of Lords as Bill No. 1 in the 2015–2016 parliamentary session. The Bill forms a critical element of the government's high‐profile policy of devolving powers and responsibilities to local areas within England. The transition from first‐generation ‘city deals’ to second‐generation ‘devolution deals’ within five years provides a sense of the pace and development of the reform agenda but there is also a strong sense that something is missing. ‘Missing’ in the sense of an understanding of the specific type of devolution on offer, ‘missing’ in the sense of how an explosion of bilateral new ‘deals’ will be offset against the obvious risks of fragmentation and complexity, and ‘missing’—most importantly—in relation to the democratic roots that might be put in place to counterbalance the economic thrust and make the reform agenda sustainable. It is in exactly this context that this article argues that the full potential of the current devolution agenda will only be realised when the Conservative government fulfils its September 2014 commitment to wider civic engagement about how England is governed.