Bankruptcy law: a mechanism of governance for financially distressed firms

This paper explores the various governance models for financially distressed firms. We offer a new typology of major bankruptcy models and provide a connection between this bankruptcy law puzzle and the variables depicting the governance of healthy firms in order to shed light on two topics: (1) the factors that the lawyer should consider before changing its national bankruptcy law, and (2) the risks associated with each bankruptcy model according to the economic literature on bankruptcy law. Our final aim is to test whether the various bankruptcy models detailed in the paper perform in separate economic and legal environments.

制度经济学视野下宽严相济的经济犯罪控制对策研究

随着"宽严相济"刑事政策的出台,刑法势必重新选择对经济犯罪的控制对策,以摆脱效益与公正性的困境。根据这种对策所形成的制度安排应当在减少交易成本和保障制度创新方面符合市场经济的基本要求,具体包括两个方面:构建非刑法的经济犯罪控制体系;根据经济违法行为的不同危害性构建相应的刑法控制体系。     

Escape to the island: International volunteer engagement on Lesvos during the refugee crisis

As hundreds of thousands of refugees and migrants haphazardly crossed the strait between Turkey and the Greek island of Lesvos on their way to safety in Europe in 2015, thousands of citizens from all over Europe temporarily abandoned their day jobs to be of some sort of assistance for the refugees as they arrived on the beaches of Lesvos. We analyze the process and the relationships between the various stakeholders who were involved in the refugee crisis between April 2015 and January 2018, arguing that there is a need to find new ways of managing this type of spontaneous volunteerism without on the one hand strangling flexible and innovative volunteering initiatives, and on the other hand without compromising knowledge-based humanitarian responses.     

Addressing the Needs of Survivors of Torture: A Pilot Test of the Psychosocial Well-Being Index

Survivors of torture experience numerous psychosocial stressors that threaten individual well-being in resettlement. This study reports findings from a pilot test that applied the newly developed Survivors of Torture Psychosocial Well-Being Index. The study used a case-level mixed design to assess survivor psychosocial well-being across 16 life domains from intake up to 18 months. Ecological systems theory grounds this study. Participants demonstrated increased well-being as evidenced by statistically significant change on the mean ratings of their total scores. Three case examples illustrate the instrument. Practice applications, lessons learned, study limitations, and future directions are presented.     

Learning to live with irregular migration: towards a more ambitious debate on the politics of ‘the problem’

What might be gained by learning to live with ‘the problem’ of irregular migration, rather than attempting to solve it? This article engages two senses of ‘the problem’ at stake: first, the ongoing nature of displacement and migration and second, the contested justice claims that sit behind different policy perspectives. The second sense of the problem (its political dimension) is rarely addressed explicitly in public debate. Yet direct engagement with the political dimension offers the potential to unlock debate from a polarised impasse. To make this argument, I first diagnose debate on irregular migration in terms of three archetypal positions and examine their implicit justice claims. I then argue for a more ambitious debate that pushes contending justice claims to their logical extensions. Debate of this kind requires a more coherent defence of justice claims, whether they are based in communitarian, cosmopolitan, anti-capitalist or hybrid values with respect to citizenship and political community. The article concludes with an illustration of how this approach can generate momentum for less circular, more sustainable and politically achievable policy responses. The argument is made with reference to illustrative examples from Australia and Europe but holds for a variety of contexts where ‘the problem’ is framed in similar ways.     

Poverty and Its Possible Cures: Abe Isoo and Kawakami Hajime

This article explores the views of two eminent Meiji intellectuals, Abe Isoo (1865–1949) and Kawakami Hajime (1879–1946), regarding poverty and its possible cures. Both men addressed this subject at a time which saw the rapid development of monopoly capitalism in Japan. Politically, this period was typified by the social and political oppression that followed the Public Order Police Law (1900) and the High Treason Incident (1910). The latter marked the beginning of the “winter” of the socialist movement in Japan. Abe, the father of Japanese socialism, and the younger Kawakami, a bourgeois economist and later a Marxist, were two of the more prominent intellectuals concerned with poverty. This article outlines their thoughts on poverty and its possible cures in the period between 1903 and 1916 as expressed in their most representative works on the issue, Abe’s Saikin no shakai mondai (Current Social Problems), (1915) and Kawakami’s Bimbô monogatari (The Tale of Poverty), (1916).     

Cost–benefit analysis: New foundations on shifting sand

New Foundations of Cost–Benefit Analysis, by Matthew Adler and Eric Posner, represents the most ambitious and credible effort to date to build a solid theoretical defense of the use of cost–benefit analysis (CBA) in evaluating government regulation. In this review, three cost–benefit “skeptics” offer their reactions to this ambitious and important book. We note its virtues – its humility, its scrupulousness, its open‐mindedness. We also explore its vices. If preferences are to be “laundered,” is it intellectually defensible to remove the bad but not consider adding the good? Does Adler's and Posner's welfarism really play the limited role they suppose, or does it risk “crowding out” other important deontological and distributional values? If CBA is merely a decision procedure that provides an imperfect proxy of welfare – the moral criterion we really care about – how do we know that the proxy it provides in practice will actually be accurate enough to be useful? Isn't this at bottom an empirical question that cannot be answered by this thoroughly theoretical book? If CBA is no more than an imperfect proxy for welfare, then alternative imperfect decision procedures may perform better in the real world.     

The German Gemeinwirtschaftslehre: Implications for modern nonprofit economics

This article examines the way modern nonprofit economics can be informed by the Gemeinwirtschaftslehre, a strand of public and nonprofit economics that was popular in German‐speaking countries until the 1980s. Despite its present decline, the Gemeinwirtschaftslehre yields a valuable implication that nonprofit firms address market failure by supplanting the pecuniary entrepreneurial motivation with a nonpecuniary one. In this article, this implication is used to reconsider two central and controversial issues in modern nonprofit economics: the rationale behind the nondistribution constraint in nonprofit firms, and the integration between the market failure and supply‐side theories of the nonprofit sector. The article concludes by discussing the emerging prospects for empirical research.     

Struggle for citizenship: interaction between political society and civil society at a Kurd refugee protest in Tokyo

This article analyzes a Kurd refugee sit-in protest staged in front of the United Nations offices in Tokyo in July–September 2004 and its implications for the interaction between political society and civil society. The refugees' protest is viewed as a moment where the line between citizens and non-citizens is redrawn. Citizens possess an exclusive right to political speech and action. Protests by refugees undoubtedly question citizens' monopoly of this right. By organizing protests, refugees, who do not have citizenship status, raise their voices, make demands, and thus request a right to speech and action. In doing so, they blur the line between citizens and non-citizens. In this process, how do citizens and refugees interact with each other? By using Partha Chatterjee's concept of political society, I examine the different tactics employed by the refugees, who are part of political society, and the citizens of civil society. The case shows that when different voices meet, the voice of civil society drowns the voice of political society: the refugees' tactics were de-legitimized by the citizens. This interaction suggests that encounters between citizens and refugees are not simply events where the refugees claim a right to speech and action, but that such encounters also involve citizens in effect struggling to secure their monopoly of the same rights.     

游客信息与湖泊旅游风景区开发中的生态建设--以云南抚仙湖为例

目前,在我国不少江河湖海风景区的开发中,往往对区域景观与旅游布局的协调性、旅游服务的对象即游客的旅游需求和心理动态信息注意不够,在风景区的旅游功能塑造和旅游建设中带有很大的随意性,这就容易导致旅游开发中的破坏性.根据当地自然和人文景观的特点,把旅游特色的塑造与生态建设结合起来,才是旅游业可持续发展的正确途径.