The Subject May have Disappeared but its Sufferings Remain

Today there is no sophisticated theory, which continues to rely on subjectivist premises. It is important, however, that anti-humanism theory's disinterestedness in the (imaginary) subject of voluntarism does not lead to an indifference towards being's constitutive non-essence and passivity in the manner of the worst kind of humanism. Emmanuel Levinas' places ‘absurd’ suffering in the place of essence as the knot of subjectivity; his view of the quiddity of suffering as mode of being passively rather than as psychological content and of the modality of disinterested compassion are used in order to formulate the question `who comes after the subject' in ways which allow us to continue thinking of what it means to be affected in an individuated manner without returning us to the subject of self-presence and autonomy. This revised version was published online in July 2006 with corrections to the Cover Date.     

国际民商事交往中不当得利之债法律适用问题研究

由于世界各国关于不当得利的法律制度不尽相同,国际民商事交往中不当得利的法律冲突问题日益突出。为保证支配不当得利之债的准据法与当事人的意愿相一致或有最密切的联系,并最大限度地减小因识别或定性不同而带来的难题,不当得利准据法应依序设计为：不当得利起因于合同时,适用该合同的准据法;起因于其他法律关系时,适用调整该法律关系的法律;起因于不动产交易时,适用不动产所在地法;在其他情况下产生,则其准据法为利益发生地所在国的法律。     

Camps,not just parties. The dynamic foundations of affective polarization in multi-party systems

Concerns over affective polarization in Western democracies are growing. But which broader political distinctions are also affective demarcations? As inter-party cooperation is the rule in multi-party democracies, explaining affective polarization beyond partisan divisions is crucial. I argue that demarcations between political camps deepen affective polarization, and country-level factors influence the relevance of these affective divides. Based on survey data from 23 Western democracies (1996–2019), I demonstrate that affect is most polarized between Left and Right camps, and between the Radical Right and other camps. Further, these divides are dynamic and depend on different country-level outcomes. The Left/Right divide disappears when Left and Right parties govern together, while the Radical Right divide is fortified with Radical Right electoral success. These findings highlight that affective polarization’s group foundations extend beyond partisanship, and that affective polarization could even act as a defence mechanism against radical challengers.     

Policy signals and strategic voting for minor parties: Evidence from Germany

How does executive power-sharing in multiparty democracies influence voter decision-making? The current scholarship has identified two strategies that voters use to target coalitions and that involve voting for a minor party: Coalition insurance voting and compensatory voting. Yet these strategies are not differentiated conceptually, and empirically, are observationally equivalent. By foregrounding the role of policy signals in strategic voting for minor parties, the present study disentangles these strategies at the theoretical and empirical levels. It also proposes a new, hybrid, strategy. To do so, it uses data on the 2013 and 2017 German federal elections from campaign-period surveys, polls and an original dataset of the candidates’ tweets about policy issues. The results show evidence of policy-driven voters using a hybrid strategy in 2013 and a compensatory strategy in 2017. There is no evidence of coalition insurance voting in these elections.     

论内地与香港特区间刑事诉讼转移制度的构建

针对同一起跨境犯罪,内地与香港特区在双方根据各自刑事法律均享有刑事管辖权,且均已启动刑事诉讼程序时,可进行区际刑事诉讼转移,即就该案件刑事管辖权的实际行使达成共识,由一方来行使刑事管辖权,对犯罪予以追究,他方承认实际管辖方所做出的刑事判决。在"一国两制"原则的指导下,中国内地与香港特区间开展刑事诉讼转移的刑事司法合作活动,须遵循"双重犯罪原则"、"有限的犯罪地管辖原则"和"一事不二审原则"。内地与香港特区刑事诉讼转移制度的构建,可以从包括原则、条件、程序和刑事诉讼转移的拒绝4个方面入手予以考虑。     

现代监狱立体防逃体系的构建

罪犯脱逃是一种影响恶劣、后果严重的犯罪。监狱建立防逃体系,是现代监狱管理、监测、控制的重要手段,保障了监狱以及全社会的安全与稳定。构筑防逃体系,最大限度发挥整体功能,使人防、物防、技防实现完美结合,呈现出多方位、全时段、立体的防范网络。     

人民代表大会制度的成长与国家形态的更新

人民代表大会制度是中华人民共和国的根本政治制度。这一制度包含着中国共产党探索中国国家治理的政治智慧和政治理想。人大制度是在近代制度变迁的基础上,通过吸纳西方代议制度的某些要素,又经中国共产党人的积极探索最终得以确立的。人大制度是区别于西方代议制度和古代中国国家治理的新制度。这一新制度为中国共产党领导、人民当家作主和依法治国的统一提供了现代框架和实现通道。可以预见,人大制度的有效运转和准确的功能定位是决定中国国家建设的基础要素之一。     

The dual logic of Russia's party system nationalization

The article attempts to identify major factors of the nationalization of the vote in contemporary Russia using the two level approach: the between- and within-region. The former compares regions as units of analysis while the latter additionally takes into account voting in municipalities to obtain levels of voting homogeneity within the regions. The study uses data from the last 2012–2016 national-regional electoral cycle investigating both federal and regional election results. Following Ishiyama (2002) for the between-region level of analysis the Regional Party Vote Inequality index has been utilized. The Party Nationalization Score proposed by Jones and Mainwaring (2003) has been applied to the measurement of voting territorial diversity at the within-region level. The results show that regional political factors may be still considered as major drivers of the nationalization of the vote as it did in the 1990s. The difference is that in politically recentralized Russia non-competitive regions headed by politically strong governors provides between-region inequality rather than contributing to nationalization. At the same time, the similarity continues in the ability of governors’ “political machines” to contribute homogeneity of the vote, but only within their regions.     

Explaining Quality Management in the Danish and Swedish Public Health Sectors: Unintended Learning and Deliberate Co-Optation

This article examines the development of diverse quality systems in the otherwise quite similar Danish and Swedish public health sectors. After decades of numerous piecemeal medical and managerial quality development programs in both countries, a nationwide mandatory accreditation system was introduced in the Danish health services in 2009. Nationwide quality indicator projects are also found in Sweden, but there has been political attempt to introduce a compulsory system. This article seeks to explain this difference. It argues, first, that resistance from the medical professions blocked the introduction of compulsory, nationwide quality systems in both countries for decades. Second, the implementation of the Danish accreditation system was triggered by a combination of unintended policy learning produced by local reforms in two counties and of the Ministry of Health’s carefully orchestrated policy process that served to co-opt critical voices in the medical profession.     

“Peace propaganda”? the application of Chomsky’s propaganda model to the Daily Nation’s coverage of the 2013 Kenyan elections

This article uses the third and fourth filters of Herman and Chomsky's Propaganda Model, namely, official sources and flak, to examine how the Daily Nation, which is the largest circulating newspaper in Kenya, covered the 2013 Kenyan elections. In the run up to the elections, several institutions, among them the Independent Electoral and Boundaries Commission (IEBC) of Kenya and the Media Council of Kenya (MCK), organised several workshops with media owners and journalists in the name of “peace journalism” to avoid a repeat of the 2007/2008 post-election violence. Although such efforts paid off because there was no physical post-election violence, questions have been raised as to whether this extensive peace training translated to “peace propaganda” making journalists and the media in general engage in excessive self-censorship in the name of peaceful elections thereby neglecting their watchdog role. Using the findings from a qualitative content analysis of the Daily Nation as a case study and semi-structured interviews with civil society organisations as media monitors, it can be arguably observed that the Daily Nation avoided any “contentious electoral issues” for fear of flak and relied overly on the IEBC and other government agencies as official sources of critical electoral information.