经济法学的基本假设

法学研究之深入 ,端赖于范式转换 ,经济法学研究更是如此。以往之法学研究 ,较为偏重权利 -义务结构分析 ,这固然重要 ,但已显不足。本文基于对“复杂性问题”进行多维审视的需要 ,运用法与经济学的理论对经济法研究的几个基本假设进行了探讨。     

"饭稻羹鱼"--水族传统农耕文化的主题

今天生活在贵州南部黔桂边境地带的水族同胞,之所以孜孜不倦地追求"饭稻羹鱼"的稻作农耕文化思想,得益于历史上他们在广东、广西邕江流域长期的渔猎与采集的经济生活,在"垦食骆田"时代形成的稻鱼共生共获的生产格局,在他们辗转迁徙定居黔桂边境之后,演变成了"稻田养鱼",从而使"饭稻羹鱼"的传统农耕文化得以延续.     

完善我国农村社会保障制度研究——基于农村土地流转的前提与基础角度

我国农村社会保障制度不健全,绝大部分农民游离于现代社会保障制度之外,严重影响着农村土地流转。农村土地承担了农民的基本生活保障、养老、就业等社会保障功能,从农村土地流转的前提角度来看,完善我国农村社会保障制度是发展农村土地规模经营,推进土地流转顺利进行的有力保障。     

Marx’s critical political economy, ‘Marxist economics’ and actually occurring revolutions against capitalism

Abstract

Most revolutions against capitalism have occurred in ‘backward’ and Third World societies, and they have divided and disarrayed Marxisms in the West. One key reason, this paper argues, is intellectual. When, long ago, Marxists surrendered to the bourgeois challenge to Marx – neoclassical economics – developing, in place of Marx’s critical political economy, a ‘Marxist economics’, they lost touch with Marx’s analysis of capitalism as contradictory value production. That analysis could illuminate how capitalism’s contradictions drive its imperialist expansionism and how and why resistance to it must, equally necessarily, take national forms. As a result, major currents of Marxism in the West either have paid attention to imperialism and anti-imperialist resistance but without Marx’s analysis of capitalism as contradictory value production or have insisted that their (mistaken) conception of Marx’s analysis implies that capitalism has no necessary connection with imperialism. Neither tradition can actually develop Marxism to comprehend the actual historical record of revolutions since Marx’s time. Neither can inform new mobilisations against capitalism, whether in or outside its homelands. It is high time we return to Marx’s analysis of capitalism as value production and develop it.     

论气候难民保护面临的国际法问题及其对策

全球变暖增加了酷热、飓风等极端天气出现的频率。而气候变化导致的海平面上升也将严重影响沿海地区居民的生活。大量因为气候原因而迁移的人由此催生了一个新的名词——气候难民。但是,无论是国际立法还是各国国内立法,由于缺乏明确、清晰的定义,使得国际、国内层面对于“气候难民”的保护迟迟未能落实。因此,应当给予“气候难民”一个明晰的定义,国际社会应当通力合作改善气候难民的生存现状,赋予其充分的生命权、健康权、财产权、土地权等,并积极促进其与当地社区的融合与交流,通过建立国际气候难民救助基金来保障气候难民的权利。     

Towards an Acceptable Level of Violence: Institutional Lessons From Northern Ireland

Institutional and economic development has recently returned to the forefront of economic analysis. The use of case studies (both historical and contemporary) has been important in this revival. Likewise, it has been argued recently by economic methodologists that historical context provides a kind of “laboratory” for the researcher interested in real world economic phenomena. Counterterrorism economics, in contrast with much of the rest of the literature on terrorism, has all too rarely drawn upon detailed contextual case studies. This article seeks to help remedy this problem. Archival evidence, including previously unpublished material on the DeLorean case, is an important feature of this article. The article examines how an inter-related strategy, which traded-off economic, security, and political considerations, operated during the Troubles. Economic repercussions of this strategy are discussed. An economic analysis of technical and organizational change within paramilitarism is also presented. A number of institutional lessons are discussed including: the optimal balance between carrot versus stick, centralization relative to decentralization, the economics of intelligence operations, and tit-for-tat violence. While existing economic models are arguably correct in identifying benefits from politico-economic decentralization, they downplay the element highlighted by institutional analysis.     

Human trafficking: the case of Burmese refugees in Thailand

With an estimated 30 protracted refugee situations around the globe, the number of refugees finding themselves in prolonged displacement is alarming. While demarcated refugee camps are a visible component of this phenomenon, the link between protracted displacement and increased risks of human trafficking is much less evident. Within refugee camps, the lack of law and order or police protection along with the presence of large numbers of helpless people create a pool of readily available supply for those who want to exploit them. This account will discuss the conditions of displacement that contribute to human trafficking risks, particularly as they relate to the protracted refugee situation of Burmese in Thailand. The case study will be followed by a number of policy and practice recommendations for the reduction of these risks.     

Asylum Seekers Along the U.S.-Canada Border

Abstract

Given the large numbers of people fleeing their homelands, social workers are likely to encounter refugees from all over the world. Although the social work profession has a mandate to work with disenfranchised populations, limited attention has been paid to providing services to refugees. Residents of the largest refugee shelter in the U.S. were interviewed about their claims. These findings can help social workers understand the situations refugees come from as well as processes they go through in applying for legal status. With this information, it is possible to identify roles social workers can play with this vulnerable population.     

Public Administration Reform in a Challenging Environment: A Review of the Establishment of the Health Economics and Financing Directorate (HEFD) within the Afghanistan Ministry of Public Health

The purpose of this article is to provide an example of recent public administration reform in Afghanistan. In 2003, the Afghan Ministry of Public Health (MoPH) established the Basic Package of Health Services (BPHS) and other health services. To date, service delivery has been conducted largely by NGOs, funded by the main international donors, and managed by the Grant and Contracts Management Unit (GCMU) of the MoPH. Despite these advancements, Afghanistan continues to face significant challenges in health service provision and policy. In 2009, the GCMU was restructured into the Health Economics and Financing Directorate (HEFD), which broadened the scope of the Unit to conduct important economic analyses. This article examines the MoPH's role in health financing as a developing institution engaged in applied health economics and policy analysis. This development will allow the MoPH to build evidence for policy-making and further establish its stewardship role in the health sector.     

Excavating Concealed Tradeoffs: How Russians Watch the News

Citizens in democracies are expected to make better decisions if they understand policy tradeoffs. However, politicians rarely have incentives to communicate them; citizens are uncomfortable choosing among valued outcomes; and devising a common metric is difficult. It is not surprising that in the United States the environment provides relatively little cuing or priming of tradeoffs in television news. Russian citizens, on the other hand, face a media environment in which tradeoff cuing is intentionally suppressed by owners' agendas, yet viewers detect concealed tradeoffs even in the absence of tradeoff priming and viewpoint diversity. Analysis of discourse among ordinary Russians in 16 focus groups convened in four cities, differentiated by political reform and media market environments, showed that when watching news in which tradeoffs are thoroughly concealed, viewers challenge stories by offering a broad spectrum of uncued tradeoffs. Tradeoffs come from diverse policy domains and represent a range of cognitive strategies, some of which are considerably more abstract than others and link elements of their observations and assumptions (together with what they can extract from the stories) into complex reasoning outcomes.