行政法哲学中的公共利益本位论

在公共利益本位论的立论过程中,行政主体被不恰当地直接等同于公共利益主体,而且存在着价值判断与事实判断的混淆问题,这些弱点使得该理论没有给个人利益与权利留下应有的空间.在倡导者为之提供的理论根据中,唯有公共利益与个人利益的一致关系是一个合理的、但却需要进一步明确的论点.基于对这种利益一致关系及其有限性的具体分析,行政法中公共利益本位论的合理性与必要性可以得到真正的说明.     

How the Global Pandemic Intensifies Vulnerabilities for Colombia's Women Social Leaders

Women social leaders in Colombia say that the biggest danger posed by the global pandemic comes not from contracting the virus, but rather from non-state armed groups taking advantage of the quarantine to violently pursue social and territorial control. This article details three phenomena that highlight how existing vulnerabilities for women social leaders have been sharpened by the global pandemic: (a) women's community work increases while state and institutional support decrease; (b) armed groups' ability to target violence increases while women's ability to self-protect decreased; and (c) armed groups' ability to act with impunity is increasing as access to justice is limited.     

The Effects of Blaming Others for Legislative Inaction on Individual and Collective Evaluations

Legislators commonly blame others for gridlock. We posit that legislators may engage in this type of rhetoric to minimize the individual reputational risks associated with legislative inaction or to boost the relative standing of their party. In a series of six survey experiments, we find that blaming others for inaction undermines voters’ evaluations of individual legislators who engage in this rhetorical strategy. This effect is particularly pronounced among out-partisans and independents. However, blaming rhetoric can also enhance the standing of the blamer’s party relative to the opposing party across all groups (including out-partisans), in large part by undermining the reputations of these other actors. Ultimately, we show that when an individual legislator engages in blaming rhetoric, the immediate net electoral effects are null. This suggests that coordinated efforts by a party to blame opponents may improve the party’s relative standing, while imposing few costs on those engaged in blaming.     

Applying Stone in a Western Landscape: Ranchers,Conservationists, and Causal Stories in the “American Serengeti”

As the emergence of nongovernmental conservation efforts generates conflict among various stakeholders, the causal story that each party articulates regarding conservation and the causes of land degradation reflects their unique interests. This study uses existing literature to evaluate causal stories surrounding a contemporary conservation effort: Montana's American Prairie Reserve. Through qualitative review of web‐based documents and newspaper articles, it generates a preliminary account of key stakeholders' causal stories. The case study suggests that parties who might be disadvantaged by ascribing responsibility for environmental harms in an adversarial fashion may instead elect to articulate causal stories that are more neutral than existing approaches might forecast. The study concludes by suggesting that further development of causal story literature may enable it to better address contemporary conservation efforts.     

Hurdles to peace: a level-of-analysis approach to resolving Sudan’s civil wars

Why do some peace agreements end armed conflicts whereas others do not? Previous studies have primarily focused on the relation between warring parties and the provisions included in peace agreements. Prominent mediators, however, have emphasised the importance of stakeholders at various levels for the outcome of peace agreements. To match the experience of these negotiators we apply a level-of-analysis approach to examine the contextual circumstances under which peace agreements are concluded. While prominent within the causes of war literature, level-of-analysis approaches are surprisingly scant in research about conflict resolution. This article compares two Sudanese Peace Agreements: the Comprehensive Peace Agreement (2005) that ended the North–South war and led to the independence of South Sudan, and the Darfur Peace Agreement (2006) which failed to end fighting in Darfur. We find that factors at the local, national and international level explain the different outcomes of the two agreements. Hence, the two case studies illustrate the merit of employing a level-of-analysis approach to study the outcome of peace agreements. The main contribution of this article is that it presents a new theoretical framework to understand why some peace agreements terminate armed conflict whereas others do not.     

Between Government and Governance: Opening the Black Box of the Transformation Thesis

The notion of going from government to governance, known as the transformation thesis, as depicted in early Governance Theory has been subjected to substantive critique. This paper explores two different stances of such critique. The first critical stance is represented by Jonathan S. Davies’ 2011 book “Challenging Governance Theory: From networks to hegemony” and entails a radical rejection of the transformation thesis. The second stance offers a more moderate reconfiguration of the transformation thesis and is represented by the recently co-authored work of several prominent governance theorists titled “Interactive Governance: Advancing the paradigm”. While both aspire to set new agendas for governance research, this paper argues that the latter reconfiguration carries a problematic preposition towards overemphasizing the separation between government and governance practices.     

The elephant in the room: offshore companies,liberalisation and extension of presidential power in DR Congo

In the Democratic Republic of Congo, donors promoted rapid liberalisation and presidential elections in the aftermath of the war, and after two terms, President Kabila has not left office. This article engages with the question of how liberalisation and elections are connected, and how they are related to the extension of presidential power. It finds that the international market for minerals has shaped the domestic political economy but its nature has effectively been ignored in the formulation of donor policy; efforts at regulating trade have been concentrated on due diligence of origin in Congo but have not addressed the secrecy of international trade. Liberalisation has removed control of economic resources from Congo, provided returns for elite politicians and funded violence to control the disenfranchised population. The offshore companies are the elephant in the room; without acknowledging them, analysis of the liberalisation and its interaction with presidential tenure lacks assessment of the opportunities, interests and power that shaped the processes.     

农村信用社向合作银行的转制研究——绩效、原因、问题与政策建议

该文对农村信用社向农村合作银行的改制进行了分析,指出改革取得成功的主要原因,并对存在的问题进行了剖析。农村信用社向农村合作银行改制的改革,必须解决好合作银行性质与定位、省级联社的定位和功能、服务“三农”、县域范围市场竞争过度、以及人员素质难以适应金融发展需要和债务负担过重等问题,针对上述问题,该文提出相应的政策建议。     

从冲突走向合作:政府与民众的利益关系解析——以浙江省青田县滩坑移民为例

政府与民众的关系是政治领域的永恒主题。多少王朝的兴替,多少政权的更迭,都与此相关,都由此决定。本文试从利益的视角,民众的心态与诉求,政府的行事与作为,解析市场经济条件下政府与民众的关系,如何从冲突走向合作。     

Food and finance: the financial transformation of agro-food supply chains

This article draws upon existing literature to document and describe the rise of finance in food provisioning. It queries the role of financialization in the contemporary food crisis and analyzes its impacts upon the distribution of power and wealth within and along the generalized agro-food supply chain. A systematic treatment of key nodes in the supply chain reveals four key insights: (1) the line between finance and food provisioning has become increasingly blurred in recent decades, with financial actors taking a growing interest in food and agriculture and agro-food enterprises becoming increasingly involved in financial activities; (2) financialization has reinforced the position of food retailers as the dominant actors within the agro-food system, though they are largely subject to the dictates of finance capital and face renewed competition from financialized commodity traders; (3) financialization has intensified the exploitation of food workers, increasing their workload while pushing down their real wages and heightening the precarity of their positions, and (4) small-scale farmers have been especially hard hit by financialization, as their livelihoods have become even more uncertain due to increasing volatility in agricultural markets, they have become weaker vis-à-vis other actors in the agro-food supply chain, and they face growing competition for their farmland. The paper concludes by identifying themes for future research and asking readers to reimagine the role of finance in food provisioning.