大陆、澳门两地反黑法之比较──兼谈对我国反黑法的完善

修订后的《中华人民共和国刑法》增加了黑社会性质犯罪的规定,与澳门反黑法相比,我国刑法中关于黑社会性质犯罪的立法显得过于宽泛,在司法实践中难以操作,通过对两地反黑法的比较,笔者提出了有关完善我国反黑立法的一些肤浅的建议。     

Two post-war paths: popular violence in the Bohemian lands and in Austria in the aftermath of World War I

The study explores the phenomenon of popular violence in the first months and years after the end of World War I on the basis of a comparison between the Bohemian lands, forming the central part of the newly established Czechoslovakia, and Austria, as another successor state to the former Habsburg monarchy. Aside from the continuities, new forms of violence increasingly emerged in the first years after the end of the war, and also the “language” of violence was transformed. While in Czechoslovakia, the framework within which people were learning to understand the new world was shaped by the national and republican discourse oriented to the future, in Austria the collective identities and mentalities were being formed along the lines of particular party political blocks. In both cases, the nationalization and politicization of violence respectively contributed to the emergence of new forms of popular violence; but at the same time they could also be used for its de-escalation, necessary for the re-integration of society disrupted by the wartime experience. However, even if both countries went out from the war on different paths, the violence stayed part of their political culture and it could be mobilized again.     

秘密社会与传统汉族社会结构

从社会学、人类学的角度 ,将传统中国的秘密结社置于中国社会结构、文化传统、制度体系及群体意识中予以考察 ,就会发现其形成和发展对政治、经济、军事、文化、宗教、宗族、人口等层面都产生了重大的影响。探究中国秘密社会的结构、类型、特征、功能 ,可以从整体上把握秘密社会与传统汉族社会结构的内在关系     

The fiction of female dependence and the makeshift economy of soldiers,sailors, and their wives in eighteenth-century London

Using accounts from the Old Bailey Proceedings, this article examines the economic side of military marriages in eighteenth-century London, outlining a fundamental disjuncture in eighteenth-century attitudes to working wives. While all wives were expected to work, state and parish records of military wives repeatedly stress their total dependence on men's wages and bounty money. In actual fact, soldiers, sailors and their wives made use of a much wider range of survival strategies. By stealing, taking odd jobs, pawning goods, and accepting aid from kin or friends, both husbands and wives might significantly augment military pay and/or poor relief.     

Letting “the people(s)” decide: peace referendums and power-sharing settlements

Referendums have been used to legitimate power-sharing settlements in deeply divided societies transitioning from conflict. This article assesses the capacity of referendum rules to facilitate the “voice” of multiple groups or “peoples” in the decision to share power as a “constitutional moment.” Drawing on the constitutional referendums in Northern Ireland in 1998 and Iraq in 2005, the author demonstrates that referendum rules matter in highlighting the variable degrees of support for the elite-negotiated deal on the part of the contending groups. The institutional design process prior to the referendum is crucial for incentivising groups to support the settlement, particularly the previously dominant group. When faced with a choice between a simple majority threshold and countermajoritarian procedures, majoritarianism is appropriate only in so far as the main groups see their constitutional preferences satisfied and concurrent majorities can be secured. A qualified majority referendum threshold to protect a minority group is appropriate for divided states where the groups are regionally concentrated and when the groups agree to such rules. Important for the legitimation of power-sharing, referendums highlight the likely variable extent of approval on the part of the main groups, necessitating ongoing efforts to foster public support for the deal.     

Corruption in the aftermath of war: an introduction

‘Corruption in the aftermath of war’ brings together an interdisciplinary group of scholars to enquire into the dynamics of corruption in post-conflict societies. This introduction discusses five themes, problematising and summarising key findings from the 10 articles included. First, we discuss the problems with the corruption concept, related to its moralising connotations and definitional vagueness, and propose viewing corruption as a collective action dilemma as a way of avoiding these moralising aspects. Second, we discuss post-conflict societies, and highlight the great varieties of ‘peace’ that that label can refer to. We suggest that the causes, dynamics and effects of corruption in post-conflict societies bear many similarities with those in other societies, but that the post-conflict situation often generates an intensification and entrenchment of corruption-related problems. Third, we analyse the dynamics between international interveners and domestic actors, and show the contradictions and tensions in international–domestic relations. Fourth, we argue that the inter-linkages between inequality, mistrust and corruption deserve consideration in the study of post-conflict societies, and that inequality in particular merits more attention. Finally, we discuss some methodological challenges encountered by the contributors in their studies of corruption in post-conflict societies.