论宪法效力的终极依据

在法律的效力链条中,宪法常常被置于效力的终端。但是,宪法本身的效力依据,却是一个值得追问的终极性问题。宪法序言,就是宪法效力的终极依据。中国宪法序言是通过＂历史＂向宪法提供了终极性的效力依据或正当性依据。相比之下,美国宪法序言是通过＂契约＂向美国宪法提供了终极性的效力依据。     

“乡村政治研究”何以成为可能——当政治学“遭遇”乡村问题及之后

＂乡村政治研究＂发端于政治学与乡村问题的不期然＂遭遇＂,同时成长、演化于改革开放三十年尤其是1990年代以来的中国特定社会、政治时空场域中,并在时局变迁中走向日益紧密的互构与融合,最终成为一块可供学者在其中施展拳脚的研究领域。对中国政治学而言,这一＂相遇＂并＂联姻＂的过程,充满着从＂高昂＂到＂沉潜＂的震荡甚至创伤,经历了艰难曲折的转型,也收获了未曾预料的成果。通过这段政治学与乡村问题之间互动的学术发生、发展之历史的考察,可使我们对中国政治学及中国社会科学的特定生长逻辑有更深入的理解和认识,从而为探寻中国社会科学的中国社会之＂根＂提供些许线索。     

历史与逻辑统一的法理叙事——评《西方法理思想的逻辑演变》

万斌和陈柳裕的著作《西方法理思想的逻辑演变》采用了历史与逻辑相统一的方法研究西方法理学。在该著作中,作者提出从主观主义和客观主义的视角理解西方法理学的历史发展,回答了西方法理学中法律的"规律"、"意志"和"功能"等问题,并且对20世纪西方法理学的多元化发展趋势进行评述。总之,该著作将西方法理思想在一个全新的理论框架下予以整合,为读者提供了一幅西方法理思想演进的历史图景。     

论军事行政问责法律制度

依法对军队中失职的行政人员进行问责,是提高军事行政管理水平,增强部队战斗力的重要保证。然而现行军事行政问责法律制度却存在相关法律规定分散,制度设计陈旧,执行力度较弱等诸多问题。于是,对其进行进一步的研究具有十分重要的理论和现实意义。现从军事行政问责法律制度的历史及现状出发;进而针对存在的问题提出相关完善建议,以求对我军的法治化建设有所裨益;     

Disproportionate minority contact in juvenile justice: today’s,and yesterdays,problems

Disproportionate minority contact (DMC) has been a perplexing problem for the juvenile justice system, and recognized as a national priority since the 1980s. The over-representation of minority youthful offenders throughout juvenile court processing, from arrests to dispositions, has not changed even though significant federal and state efforts have been employed. This paper reviews these racial and ethnic disparity problems, and investigates the history of the juvenile justice system and courts, from the eighteenth century to today’s reformation movement, identifying that DMC is not a recent phenomenon. The history of slavery and the Jim Crow Era greatly impacted the establishment of the juvenile courts and child-centered justice efforts, finding disparities at all historical markers where records are available. When reviewing DMC as we know it today through this context, an argument can be made that limited progress has been made over the past 200 years.     

The case of the ‘other India’ and Indian ir scholarship

ir scholarship in India has focused on the borders, territory and sovereignty of the Indian state, overlooking the rich complexity of interior border formation between colonial and independent India. The paper argues that the study of the princely states under the British paramountcy (1858–1947), neglected so far, is valuable to ir scholarship on three grounds. First, in mapping colonial India’s engagement with the outside world, the focus has been solely on British India. The princes were equally participative and perceptive of the outside world. Second, the princely states represent yet another challenge to the Westphalian notion of sovereignty, demonstrating the limited capacity of European categories to understand the ‘non-West’. Third, incorporating the paramountcy system in the genealogy of sovereignty of the Indian subcontinent offers a fresh account of border construction inside the state.     

红色资源的抢救挖掘与利用——以《口述历史·延安的红色岁月》项目为例

《口述历史·延安的红色岁月》项目是干部教育培训资源挖掘开发的创新,是资源优势转化为教学优势的重组成部分,它以反映党中央在延安十三年史为基础,具有访问范围的广泛性、访问内容的针对性、访问流程的科学性、影像技术的独创性、媒资管理的先进性等特点。本文主论述了该项目的背景和意义、项目设计的基本思路、项目在运行过程中需处理的几个关系、项目实施的规范化和科学化、项目成果的转化和运用等五项内容。     

Core Consensus,Strategic Variations: Mapping Arts Management Graduate Education in the United States

This study is the first comprehensive curricular comparison of graduate arts management programs in the United States. Its principal finding is that there exists considerable curricular convergence among arts management programs and that their differences may be exploited strategically. Through extensive curricular analysis and in-depth conversations with faculty, this study makes both conceptual and methodological contributions to the field—conceptual because it provides an empirical basis for the definition of arts management as a formal academic discipline in its own right and methodological because it proposes a framework to effect a systematic comparison of arts management program curricula.     

Offending histories and offending behaviour: A Ten year follow-up of sex offenders tried by Sheriff and District Courts in Grampian,Scotland

From criminal complaint records all incidents of sexual misbehaviour resulting in charges in three North East Scotland courts during 1981 and 1982 were traced. Of the 80 alleged offenders, 75 were followed up for 10 years using current criminal records.

Offending behaviour ranged from obscene telephone calls to rape. Half the offenders made no physical contact with their victims. These “hands-off” offenders were compared with “hands-on” offenders and were found to show a higher prevalence of sexual convictions both before the index offence and in the follow-up period. Those offenders who removed their victims clothes or had sexual intercourse with their victims were found to have the lowest prevalence of sexual reoffending. Degree of intrusiveness was inversely related to sexual recidivism in this sample and there was no evidence of progression over time to more intrusive offending.     

Gender differences in violent offending: results from a multicentre comparison study in Dutch forensic psychiatry

ABSTRACT

The past two decades, a disproportionate growth of females entering the criminal justice system and forensic mental health services has been observed worldwide. However, there is a lack of knowledge on the background of women who are convicted for violent offenses. What is their criminal history, what are their motives for offending and in which way do they differ from men convicted for violent offenses? In this study, criminal histories and the offenses for which they were admitted to forensic care were analyzed of 218 women and 218 men who have been treated between 1984 and 2014 with a mandatory treatment order in one of four Dutch forensic psychiatric settings admitting both men and women. It is concluded that there are important differences in violent offending between male and female patients. Most importantly, female violence was more often directed towards their close environment, like their children, and driven by relational frustration. Furthermore, female patients received lower punishments compared to male patients and were more often considered to be diminished accountable for their offenses due to a mental illness.