试论宪法与少数人保护

少数人历来是一个普遍存在,但对少数人的待遇却与不同的社会形态和政治制度密切相关。在现代民主国家,如何保护少数人的权益无疑是宪政的一个重要内容。本文试从少数人概念界定以及现有的一些保护少数人的制度阐述入手,提出一些笔者自己的看法与展望。     

培育民族地区能源支柱产业的理论及实证研究——以贵州省少数民族地区为例

在经济转轨、经济发展模式变化的形势下,遵循经济发展理论,结合少数民族地区的实际,发挥其能源资源禀赋优势,培育能源支柱产业,实现其资源优势最大化,是促进少数民族地区经济发展社会进步的必然选择。     

侗族大歌赖以产生的生态环境及其嬗变与保护

本文运用生态学理念对侗族大歌赖以产生的环境、嬗变与保护进行了实证的分析与研究。我们认为,侗族大歌的产生和传承与其自然的和人文的生态环境密切相关,生态环境的变化诸如语言的改变、传承的断裂和传承载体的变化以及经济社会的发展,引发大歌的历史嬗变和濒临失传的危险。据此,作者从用生态保护的理念、对大歌进课堂的再认识和定位、培养专业创作人员和大歌名人、构建大歌文化产业机构等方面,提出了对侗族大歌进行保护的思路与视角。     

The Victimization of LGBTQ Students at School: A Meta-Analysis

ABSTRACT

Although research suggests that LGBTQ youth are at risk for victimization at school, it remains unclear just how much more likely they are to be victimized relative to heterosexual or cisgender youth, or the conditions under which their risks for victimization are highest. Accordingly, we conducted a meta-analysis on the relationship between LGBTQ identification and school victimization. Multilevel analysis of 276 effect size estimates, from 55 studies, revealed a moderate overall mean effect size (r = .155). Moderator analyses indicated the relationship was stronger for transgender youth, homophobic victimization, and students in the Western United States; and weaker for questioning youth. We conclude with recommendations for policy and future research, and suggest that theories of victimization be broadened to better explain the risks that LGBTQ students face.     

Diagnostic Bias and Conduct Disorder: Improving Culturally Sensitive Diagnosis

Disproportionately high rates of Conduct Disorder are diagnosed in African American and Latino youth of color. Diagnostic bias contributes to overdiagnosis of Conduct Disorder in these adolescents of color. Following a diagnosis of Conduct Disorder, adolescents of color face poorer outcomes than their White counterparts. These negative outcomes occur within mental health and juvenile justice settings. The aims of this article are to: (a) identify the factors that contribute to overdiagnosis of Conduct Disorder in adolescents of color, (b) discuss the associated negative outcomes, and (c) provide recommendations for culturally sensitive diagnosis of adolescents of color with conduct problems in order to reduce overdiagnosis. Clinical and research implications will also be presented.     

新中国成立以来少数民族语言的法律保障研究

新中国成立后,国家对于少数民族语言的保护一直非常重视,在宪法与众多法律中多有体现。但其中有些法律对少数民族的语言保护只是作了原则性阐述,缺乏可操作性,至今还没有制定出保护少数民族语言文字的专门法律。为更好地保障少数民族语言文字权利,少数民族语言文字法应尽快制定。     

Alan Patten’s theory of equal recognition and its contribution to the debate over multiculturalism

In this introduction, we first give a brief overview of the debate over multiculturalism in political theory. We then situate Alan Patten’s Equal Recognition in that context by highlighting his major normative thesis, according to which there are reasons of principle, in a liberal democracy, to grant special forms of public recognition and accommodation to cultural minorities. Finally, we present a succinct summary of the nine articles that follow this introduction and that critically engage with Patten’s arguments.     

Unequal but fair? Cultural recognition and self-government rights

This review of Patten’s Equal Recognition suggests that minority rights can be grounded either in cultural accommodation rights or collective self-government rights. I defend four propositions: (1) individuals’ interests in membership in political communities cannot be reduced to their interests in being able to pursue their own conceptions of the good; (2) liberal states do not have to extend neutrality as equal treatment to self-government claims that intersect with their own jurisdiction; (3) claims for the establishment of public languages and territorial autonomy need to be justified on the basis of self-government rights rather than on grounds of equal treatment of cultural identities; (4) as a condition for their admission, immigrants can be expected to waive collective self-government rights rather than cultural protection rights.     

Dispositional neutrality and minority rights

Alan Patten defends a novel principle of neutrality according to which the state must accommodate all conceptions of the good equally. This principle rests on the claim that the state must be equally responsive to the interests of all citizens. I introduce a competing principle – neutrality of disposition – according to which the state must be disposed to treat citizens with different conceptions of the good alike in relevantly similar situations. The requirement of the equal responsiveness of the state is neutral between these two conceptions of neutrality. Moreover, neutrality of disposition, unlike neutrality of treatment, is compatible with a plausible luck egalitarian view of cultural justice according to which justice requires the state to be more accommodating of some conceptions of the good than of others in situations where not being so will result in members of minority cultures being worse off than others through no responsibility of their own.     

Missing the overlap between theory and practice: Patten’s ‘equal recognition’ in the face of the Catalan case

Drawing on the particularities of Catalonia (and related cases), the general point of this contribution is to argue that Patten’s equal recognition theory is modeled upon a too-restricted set of empirical assumptions, a circumstance that might harm its value as a tool for the orientation, evaluation, and reform of public policy. What is absent in Patten’s account – or at least not properly inserted into it – are four built-in modules that we have named ‘history’, ‘democracy’, ‘international relations’, and ‘migration’. When it comes to recognition of minorities, the past matters more often than Patten is willing to accept; democracy can lead to permanent departures from equal recognition on the part of self-governing national minorities; in the recognition game, there are other relevant players than simply states and their minorities; and one of these players, namely immigrant groups, can (albeit involuntarily) distort equal recognition schemes.