奥巴马政府监管的行为法经济学分析——“成本收益国家”在“行为时代”的人性化改革

奥巴马政府以行为科学和行为法经济学的成果为科学基础，从完善监管和监管审查，促进国际监管合作，以及减少监管负担三个主要方面进行了政府监管改革。这是对成本收益分析传统的完善和补充，是一种更加符合行为法经济学实证和规范要求的人性化和合理化政府监管模式。     

Forced Migration Studies: Could We Agree Just to 'Date'?

This essay questions the soundness of a scholarly shift awayfrom ‘refugee studies’ in favour of ‘forcedmigration studies’. It contends, first, that subsumingrefugee studies into the broader framework of forced migrationstudies may result in a failure to take account of the specificityof the refugee's circumstances which are defined not just bymovement to avoid the risk of harm, but by underlying socialdisfranchisement coupled with the unqualified ability of theinternational community to respond to their needs. Second, itargues that forced ‘migration’ (rather than, forexample, forced ‘migrant’) studies encourages afocus on a phenomenon rather than on the personal predicaments,needs, challenges, and rights of refugees themselves. It maythus contribute to a lack of criticality in relation to policieswhich subordinate refugee autonomy to the pursuit of more systemicconcerns. The first concern is illustrated by reference to theemergence of the ‘internally displaced persons’category, the second by reference to the determination to findand mandate ‘durable solutions’ to forced migration,including to the movement of refugees.     

效率视野中的食品召回制度——一种法经济学理论的证成进路

2007年7月26日颁布并实施的《国务院关于加强食品等产品安全监督管理的特别规定》第9条首次确立了我国的食品召回制度。食品召回制度为何建制,其存在的根基及其体系的支撑,都需要证成。以"效率"的角度从法经济学的理论出发分析食品安全问题可以得出结论,食品召回制度对于"外部性"的有效处理,实现了"卡尔多-希克斯效率"的良好状态。     

Promoting customer engagement: A new trend in utility regulation

This paper traces a new development in regulation that encourages utilities to engage more directly with their customers. We make four contributions: First, we perform a comprehensive analysis of how regulators are using customer engagement, and offer a simple model for understanding different customer engagement initiatives. Second, we review assessments of customer engagement. We find that there are no quantitative, empirically robust assessments of the effectiveness of customer engagement as a regulatory tool. Third, we develop two detailed case studies of an energy regulator and a water regulator that are in the forefront of customer engagement efforts. We find that there is no direct link between the engagement strategy used and the economic incentives received by a firm. Finally, we propose a framework for improving the customer engagement process. The new framework relies on microeconomics, modern tools of program evaluation, and supplying the regulated firm with direct incentives to engage with the customer.     

Overlooking Feigning Behavior May Result in Potential Harmful Treatment Interventions: Two Case Reports of Undetected Malingering

Clinicians tend to overestimate their ability to recognize feigning behavior in psychiatric patients, especially if it concerns patients who have been admitted for observation. Feigning can be either externally motivated (e.g., for financial compensation, known as malingering) or internally motivated (e.g., to assume the “sick role,” known as factitious disorder). Persistent presentation of severe symptoms is usually associated with the factitious disorder. We present two patients with strong external incentives who consistently and convincingly feigned severe psychiatric symptoms during a protracted period of inpatient observation in a specialized center; both were engaged in a procedure for medical asylum. The first case presented with the clinical picture of a psychotic depression with severe motor symptoms, and the second case showed symptoms of a chronic post-traumatic stress disorder with secondary psychotic symptoms. Both cases were thoroughly investigated but feigning was overlooked, and unnecessary and harmful treatment interventions were given. To prevent iatrogenic damage, we recommend a critical attitude that takes malingering as an option into account in settings where patients are often involved in high stake legal procedures. A clinical sign that might indicate feigning is therapy-resistant symptoms. To rule out feigning a comprehensive, multimethod approach is required, but an active stance toward collateral information is essential. Specialized psychological tests may be useful for preliminary screening, but for their use in culturally diverse populations as in refugee mental health more research is needed.     

Brexit: A Cliff Edge or a Small Bump in the Road?

It is becoming increasingly accepted, not least by the Prime Minister and opposition leadership, that the negotiation of a comprehensive trade relationship with the EU is necessary to prevent the UK economy falling off a ‘cliff edge’. This concern is shaping the UK's strategy towards negotiations with the EU and has provided at least part of the motivation for the UK to consider requesting a transition period to facilitate the Brexit process. But how accurate are these fears? What evidence is there for the existence of a ‘cliff edge’? How disastrous would it be for the UK to revert to trading with the EU on the same basis as most other countries in the world, namely according to World Trade Organisation rules? This article seeks to address these issues and it highlights a number of implications for policy makers which flow from understanding the available evidence a little more clearly.     

Is cross-border cooperation underpinned by an ethical code of values? A theoretical analysis

Is there an ‘ethical code’ of values that underpins cross-border cooperation activities? By focusing on people as ‘agents’, the article argues that citizens and individuals in their integral development have been neglected so far when the development of cross-border spaces is scrutinized. This study aims to provide an alternative theoretical framework through which cross-border activities can be analysed and operationalized. This is done by synergically reading Benedict XVI’s ‘Caritas in Veritate’ and Sen’s ‘Development as Freedom’. It is suggested that the ethical dimension of cross-border cooperation activities needs to be scrutinized on the ground that cross-border spaces are neither ethically neutral, nor inherently inhuman and opposed to society. They are instead part and parcel of human activities and must be structured and governed in an ethical manner. It follows that ethical values are the means of cohesion in cross-border zones. Without including them in the analysis, real cohesion cannot be achieved.     

Containing the Refugee Crisis: How the EU Turned the Balkans and Turkey into an EU Borderland

The events that took place during the 2015-16 refugee crisis in the southeastern EU region boosted unprecedented bordering processes. Borders were reinforced and extended and a costly and difficult deal with Turkey was undertaken; the western Balkans were turned into a vast buffer zone made up of multiple buffer states with fences of all types and sizes; while Greece was ring-fenced and to this day struggles to manage thousands of refugees stranded in camps all over its territory. By seeking to contain the refugee flows, the EU turned its southeastern region into a fortified EU borderland.     

Marxism Beyond the Economy and Exploitation Beyond the Wage

Since its inception Marxism has largely operated with a narrow definition of the economy which closely resembles capitalism’s own, focusing on wage labor as the pre-eminent example of capitalist relations of labor. A century-long series of challenges from heterodox radical economists, including those based in feminism and anti-colonial theory, has yet to broaden this definition of capitalism, but the fading importance of wage labor and the advent of new forms of precarious labor relations may allow us to break the hold of restrictive ideas of the economy. A larger, more comprehensive concept of economics locates value production and material exploitation in many forms of labor in addition to waged work, and provides a theoretical platform for building solidarity among seemingly disparate movements and constituencies. Marxism can and must incorporate critiques if it is to have continuing relevance. In fact, Marx’s original understanding of capitalism included the concepts of primitive accumulation and the reproduction of labor power, allowing broader concepts of capitalist exploitation to be incorporated into the Marxist worldview. New insights into the essential nature of capitalism and new possibilities for organizing and change may emerge from this paradigm shift.