关于离婚自由的法社会学思考

离婚标准问题与人们对离婚的认识有关。在离婚标准上,国际上有3种模式,即过错原则、无过错原则、破裂原则。在我国,影响自由离婚的因素主要有社会意识、传统家庭观念、法官业务水平等,但这些因素都不是限制离婚的根本理由。应更新观念,采纳自由离婚方式。     

城市反贫困:政策比较与中国关怀

随着农村贫困人口的空间转换,城市未来将成为贫困问题凸显的集中地,为完成城市减贫目标,必须回到城市反贫困的政策之中。当前中国在城市反贫困政策上存在定位偏差、目标偏差和执行偏差的情况,救助政策侧重于消极保护,救助对象范围较小,政策之间难以衔接。为解决这些问题,须结合国外发达国家和发展中国家反贫困实践的经验,从定位转型、目标扩展和政策衔接三个方面入手,建设以积极支持为主要内容、以城市居民和新贫困群体为主要对象、"网式"服务的反贫困政策体系。     

Evaluation of Topics in Utah's ONE‐HOUR Divorce Education Program

Divorce education programs are mandatory in most states. Despite the ongoing debate in the field regarding the appropriate duration of these programs, the goal of the current study was to identify the following five content areas in divorce education that may be most relevant for predicting favorable outcomes: (1) impact of divorce on children, (2) impact of divorce on family relationships, (3) financial responsibilities of divorcing parents for children, (4) benefits of positive coparenting, and (5) impact of domestic violence on children and family relationships. Using divorcing parents' self‐reported data (N = 3,275) from a one‐hour online divorce education program in Utah, we examined participants' post‐divorce intentions to treat each other respectfully, especially in front of the child(ren), and engage in positive coparental practices. The results showed that the program was effective in obtaining these objectives. We discuss these findings in depth and offer suggestions for future programs.     

‘Social Investment’ or Back to ‘Familism’: The Impact of the Economic Crisis on Family and Care Policies in Italy and Spain

Family policies have traditionally been weak in Southern Europe. In the last two decades, however, and following a ‘catching up’ course, Spain has created new family programmes and expanded existing ones. Meanwhile, the picture for Italy during the years preceding the crisis is more of a ‘frozen landscape’. However, the diverging paths of the two countries in terms of policy reform in the years preceding the crisis do not place them in substantially different positions. The economic crisis and the austerity measures that followed have aggravated the weaknesses of family and care policies in both countries.     

Lawyers and Hong Kong’s democracy movement: from electoral politics to civil disobedience

Research on Hong Kong lawyers has so far focused on their internal differences and the rise of cause lawyering. Not much has been done on their role in promoting political liberalism. This paper fills a gap by reviewing the history of lawyers’ political activism before and after Hong Kong’s sovereignty shifted from a liberal-colonial to an authoritarian regime in 1997. It argues, first, that Hong Kong’s post-colonial constitutionalized politics and prolonged democratic deficit have given the legal complex—which includes lawyers and also increasingly legal academics—a key role in its pro-democracy movement, and second, critical political junctures have driven activist lawyers to use various means, from electoral politics to civil disobedience, to defend the rule of law and Hong Kong’s tortuous democratization.     

Religion und Arbeitnehmerschutzgesetzgebung: Eine Fuzzy Set‐Analyse

This article focuses on the relationship between religion and employment protection legislation in Western democracies. While Esping‐Andersen claimed that catholic social teaching is the most important determinant of the level employment protection legislation, we argue that his argument must be extended by introducing political actors, religiosity and a distinction between lutheran and reformed Protestantism. The empirical part shows that religious factors can explain part of the observed variation, but the discussed extensions prove to be crucial.     

Parenting Plans for Special Needs Children: Applying a Risk‐Assessment Model

Family courts are seeing an increasing number of separating or divorced families who have a special needs child. These cases present complex challenges for family law professionals charged with crafting parenting plans based on best interests standards. For many of these children, the typical developmentally based custodial arrangements may not be suitable, given the child's specific symptoms and treatment needs. We present a model for understanding how the general and specific needs of these children, as well as the demands on parents, can be assessed and understood in the context of divorce. This includes an analysis of risk and protective factors that inform timeshare and custodial recommendations and determinations. The risk assessment model is then applied to three of the most commonly occurring childhood neurodevelopmental and psychiatric disorders likely to be encountered in family court, namely, attention deficit/hyperactivity disorder, depressive disorders, and autistic spectrum disorders.

Key Points for the Family Court Community
• There has been a dramatic rise in the population of children with neurodevelopmental, psychiatric, and medical syndromes whose parents are disputing custody in the family courts.
• Family law professionals of all disciplines should develop a fundamental knowledge base about the most commonly seen special needs children in family court, such as those with neurodevelopmental conditions like autistic spectrum disorder, attention deficit/hyperactivity disorder, and severe depressive disorders (especially with teenagers), which may involve suicidal or self‐harming behaviors.
• Commonly recommended parenting plans may be inappropriate for many special needs children, as some function significantly below their chronological age and pose extreme behavioral challenges.
• A systematic analysis of risk and protective factors should inform timeshare arrangements and determinations with this varied population, including the safety of the child and severity of the disorder, parental commitment and availability to pursue medical, educational, and therapeutic services, the parental attunement and insightful about the problem, and the differential parenting skills of each parent.