价值冲突与选择——诱惑侦查之法理分析

"诱惑侦查"是司法界非常关注的问题,它具有相当大的危险性和一定的合理性。有必要从法律的视角全面剖析诱惑侦查的内核,理性评判其存在的价值冲突。应该在追求公正和效率平衡的基础上,恰当选择、协调价值取向,以最有效的方法解决价值的冲突,且在法律框架内合理探讨诱惑侦查是一种可行的选择。     

文化冲突理论与青少年犯罪

“文化冲突”理论是犯罪学领域中的一种理论，它将文化冲突问题运用于研究犯罪成因。文化冲突存在于两个层面，即外表冲突与内心冲突，基本冲突与从属冲突。将文化冲突理论运用于研究青少年犯罪问题，不仅能够使我们认识到文化冲突是青少年犯罪的一个重要诱因，进而还能够在如何治理青少年犯罪的问题上得到有益的启发。影视剧分级制度能够从源头上解决一部分的文化冲突，从而减少青少年犯罪的可能性。     

Philosophy and the resolution of equality conflicts

This article examines Rowan’s discussion of my earlier paper (Messick, 1995). His warnings about the naturalistic fallacy and self-interest are well taken, but they constitute less serious threats to the usefulness of my suggestions than he indicates.     

Coparent Support and Conflict in African American Single Mother-Headed Families: Associations With Maternal and Child Psychosocial Functioning

This longitudinal investigation examined main and interactive effects of coparent support and conflict on mother and child adjustment in 248 low-income, African American, single mother-headed families. The findings indicated that coparent conflict was a more robust predictor of mother and child maladjustment both cross-sectionally and longitudinally than was coparent support. Moreover, findings revealed that coparent conflict and support interacted to predict one parenting behavior, monitoring, both cross-sectionally and longitudinally. Coparent relationships characterized by high levels of support and low levels of conflict were associated with the highest levels of parental monitoring behavior, whereas coparent relationships characterized by low levels of support and high levels of conflict were associated with the lowest levels of monitoring. The findings highlight the importance of examining both positive and negative aspects of coparent relationships in this at-risk, but understudied, group.     

港、澳、珠三角地区的区际法律冲突及其协调

港、澳、珠江三角洲地区之间的区际法律冲突,是指19世纪40年代以后,在我国因为三地之间各自法律规定的不同,从而产生法律适用上的冲突。这种区际法律冲突具有与目前国际社会的国际法律冲突,和其他国家的区际法律冲突,以及我国国内的其他法律冲突,都不尽相同的特点。“一国两制”原则和有利于社会政治经济发展原则是协调港、澳、珠江三角洲地区区际法律冲突时必须遵循的基本原则。而由各法域协商制定统一的区际冲突法典来进行协调,应该是目前我国协调解决港、澳、珠三角地区区际法律冲突的较切实可行、同时也是行之有效的途径。     

Coparenting Conflict and Parenting Behavior in Economically Disadvantaged Single Parent African American Families: The Role of Maternal Psychological Distress

Substantial research has focused on the negative associations between coparenting conflict, parental psychological functioning, and parenting behavior in European American, middle-income, families. However, less attention has been given to ethnic minority families and to families that are nontraditionally structured. In an effort to address this gap, the current longitudinal study examines the relation between conflict with the mother-identified primary co-caregiver and parenting practices in single parent, economically disadvantaged African American families. Participants included 234 mother–child dyads. It was hypothesized that conflict would relate to less utilization of positive parenting practices and that this association would be mediated, at least in part, by maternal psychological distress. Hypotheses were examined using structural equation modeling (Lisrel 8.3): Conflict with a co-caregiver was significantly related to parenting both directly and indirectly through maternal psychological distress. Implications of the findings are discussed.

Implicit and Explicit Stereotyping of Adolescents

Although adolescents are commonly assumed to be rebellious, risky and moody, two experiments demonstrate for the first time that these beliefs operate both explicitly and implicitly as stereotypes. In Experiment 1, participants (a) explicitly endorsed adolescent stereotypes and (b) implicitly associated adolescent stereotyped words more rapidly with the adolescent than the adult social category. Individual differences in the explicit endorsement of adolescent stereotypes predicted explicit perceptions of the rebelliousness of a 17-year-old but not a 71-year-old, although individual differences in implicit stereotyping did not. Identification with adults was associated with greater implicit stereotyping but not explicit stereotyping. In Experiment 2, subliminal exposure to adolescent stereotyped words increased subsequent perceptions of the rebelliousness of a 17-year-old but not a 71-year-old. Although individual differences in implicit adolescent stereotyping did not predict explicit evaluations of adolescents, stereotypes of adolescents nevertheless influenced explicit evaluations unconsciously and unintentionally.

Within and beyond citizenship: alternative educational initiatives in the Arab society in Israel

In recent years, Arab-Palestinian citizens in Israel are in search of ‘a new vocabulary of citizenship’, among other ways, by resorting to ‘alternative educational initiatives’. We investigate and compare three alternative schools, each challenging the contested conception of Israeli citizenship. Our findings reveal different educational strategies to become ‘claimants of rights’, yet all initiatives demonstrate the constraints Arab citizens face while trying to become ‘activist citizens’ (E.F. Isin, 2009. Citizenship in flux: the figure of the activist citizen. Subjectivity, 29 (1), 367–388.).     

Guest editor's introduction

In 1933 the army of the nascent Iraqi state launched an exterminatory attack on members of the Assyrian community who had fled to Iraq during the First World War. 'The Assyrian affair' which at the time sent shock-waves around the world has now been largely forgotten. But an examination of its origins and causation reveals much about the nature and pattern of modern genocide. Levene argues that typecasting genocide as the outcome of prejudice, racism or even xenophobia, while these may be significant ingredients, proves to be insufficient as a comprehensive explanation. Rather, these factors need to be analysed within the context of an emerging international system of nation-states. This itself may be a factor in helping to catalyse the most extreme and radically ideological responses, especially from new and untried national elites seeking to overcome perceived obstacles to their state's development and genuine independence.     

Imagining modernity: the language and genealogy of modernity in nineteenth-century Arabic

This article employs the methodology of conceptual history to contest two of the most common theoretical approaches dominating our understanding of modernity in the field of Middle Eastern studies. The first approach relies on the assumption of incompatibility between modernity and Islam and captures Arab modernity using concepts such as ‘adoption’. The second understands Arab modernity through concepts such as ‘imitation’, contending that it is a legacy of Western imperialism. This article challenges both theories by examining the genealogy of tamaddun (civilization, being civilized), a pivotal concept used in nineteenth-century Arabic to imagine modernity. The genealogy of tamaddun elucidates that medieval paradigms derived from the concept of madina (polity) were rediscovered, reimagined, and reused in the context of the rise of the nation-state and the challenge of Western imperialism. The article suggests understanding Arab modernity and its critique from within, rather than outside of, the temporality of the historical condition.