新时代家风建设与乡村治理互进研究

家风是传统农业时代维系乡土社会的内生秩序,基于传统社会结构显示独特的伦理约束与治理优化功能.进入新时代,乡村社会生态、主客体等发生结构性变迁,乡村治理模式亟须适应性调整与革新,家风及家风建设也需现代化转型与重构.这种现实情境下,湖州南浔区通过"最美家风+"建设,链接并作用于治理主体、治理方式、治理过程等乡村治理体系的基...     

自愿承受风险原则研究

自愿承受风险在美国侵权法中是被告可以主张的绝对抗辩.以自愿承受风险原则的发展历程为线索,对自愿承受风险的起源与发展、自愿承受风险的各种形态以及比较过失制度对自愿承受风险的影响进行介绍与评析,揭示了自愿承受风险原则在美国侵权法中所经历的沉浮与变迁.     

人权观念的彰显和理性回归——对罪刑法定主义历史嬗变的归结

罪刑法定主义嬗变的历史就是一部人权保障的历史,从其间接保障人权的思想基础到直接保障人权的思想基础,从形式侧面的传统内容到实质侧面的现代内容,从纯个人本位到有利个人而向社会让步,罪刑法定主义随人权意识的增强而不断发展,从而实现了个人和社会统一的理性回归.     

封建时期的西伯利亚城市

政治和军事的需要是封建农奴制时期,西伯利亚城市设立的基本原因.17世纪初,西伯利亚城市工商民的出现表明了城市经济的产生.随着经济的发展,城市逐渐演变为社会-经济中心.     

What abolishing the family would not do

Abstract

Because families disrupt fair patterns of distribution and, in particular, equality of opportunity, egalitarians believe that the institution of the family needs to be defended at the bar of justice. In their recent book, Harry Brighouse and Adam Swift have argued that the moral gains of preserving the family outweigh its moral costs. Yet, I claim that the egalitarian case for abolishing the family has been over-stated due to a failure to consider how alternatives to the family would also disturb fair distributions and, in particular, equality of opportunity. Absent the family, children would continue to be exposed to care-givers of different levels of ability, investment in childrearing and beneficial partiality. In addition, social mechanisms other than the family would lead to the accumulation of economic inequalities. Any kind of upbringing will fail to realise equality for reasons that go deeper than the family: our partiality and unequal abilities to nurture.     

The Effects of Family Contact on Community Reentry Plans Among Incarcerated Youths

Research shows protective factors that mitigate risks for juvenile delinquency can also support the community reentry of incarcerated youths and deter future offending. Family engagement, educational attainment, and secure employment are widely accepted as important protective factors to prevent problematic behavior. Studies suggest these same protective factors are crucial for incarcerated youths and should be an integral part of reentry planning to improve post-release outcomes. Nevertheless, limited research exists on the association between these factors and the value of family involvement in reentry planning for incarcerated youths. This study addresses this gap by examining how increased family contact affects the likelihood of instituting education and employment reentry plans among youths in custody. Data were obtained from the Survey of Youth in Residential Placement (SYRP) that provides information on juvenile offenders in confinement. The SYRP is the first nationally representative cross-sectional survey to gather information directly from youths 10–20 years old in custody (N=7,073). Analyses were conducted using a sequence of regression models to test the relationship between the frequency of family contact and whether a youth had a plan for education or employment upon release. Results reflect that youths with increased family contact were one and a half times more likely to have both educational and employment reentry plans in place relative to youths with no family contact. Findings inform practice and policy to advocate for family involvement with youth in confinement, and further suggest that family plays a decisive role in preparing incarcerated youths for success upon release.     

马来西亚城市化进程对马来家庭的影响

随着马来亚联合邦(马来西亚前身)于1957年宣布独立,该国的城市化进程如火如荼地拉开了帷幕。近半个世纪以来,随着政府颁布一系列扶植马来人的政策,特别是1971年推行新经济政策,越来越多的马来人从乡村涌向城市,投身到国家的经济建设中去。以伊斯兰教为生活指引的马来家庭在城市化浪潮中受到巨大冲击,发生了诸多改变。本研究通过对马来西亚首都吉隆坡47家低收入马来家庭的采访和调研,解析了马来家庭功能在城市化进程中发生的变化以及这种变化造成的影响。     

The Alien Child’s Best Interest Ignored: When Notions of Gendered Parenthood Meet Tightening Immigration Policies

ABSTRACT

This article investigates how arguments about the “child’s best interest” are constructed in court decisions on asylum and family reunification in Finland. The article brings together two strands of scholarship that have so far been rather separate from each other, namely that of the literature on family reunification and feminist family studies. Analysis shows that the best interest of the child is insufficiently addressed and other arguments sideline the evaluation of child’s best interest. Gender has an impact as the best interest of the child seems to play a more significant role in relation to motherhood than it does in relation to fatherhood. In general, the court did not deem motherhood or fatherhood central to the child’s development as such, but rather as something that became central if it could not be performed properly due to other reasons than separation. Considerations such as ties to either Finland or the country of origin, as well as the income requirement, can become factors that override the potential separation from a parent. Finally, the results are also compared to the child’s best interest evaluation in out-of-home placement cases from the same courts. Our analysis shows a stark contrast between these two types of cases. We show that whenever a child’s case falls under immigration law, even when simultaneously being handled within the framework of child protection, the main deciding factor is not the best interest of the child. Alien affairs are decided based on—almost solely—factors other than the child’s best interest, while the same Supreme Administrative Court rules on child welfare cases based on a very different interpretation of child’s best interest.     

A Model for Female-Perpetrated Domestic Violence

Child abuse often coexists with intimate partner violence. However, limited studies incorporate both phenomena in a single study. Moreover, the examination of female-on-male violence is an important development. Hence, an intrinsic case study of domestic violence is presented to provide insights regarding the nature and impact of female-perpetrated violence. The research approach was qualitative and demonstrated that a model for abusive behavior seems to be similar for both sexes. The data revealed theoretical trends such as the reality of an intergenerational transmission of violence into adulthood, as well as abusive partners presenting with borderline traits.     

Echoes of domestic silence: mechanisms of concealment in cases of ‘Family Honour Killings’ in Mandate Palestine

This article deals with the manner in which family and community in Mandate Palestine attempted to keep the criminal justice system from intervening in cases defined as ‘Family Honour Killing’. Drawing on criminal court cases, we argue that the familial, domestic and communal features of this crime and its social, predominantly rural, context were critical for the attempts to keep it within the community and to prevent state intervention by obstructing, concealing and denying evidence. We focus on the mechanisms used by members of the family and community for that purpose. Our case study is in line with previous findings indicating the under-reporting of domestic violence, especially when witnesses were closely related to both the victim and the perpetrator. This domestic and communal alignment was most likely reinforced under colonial rule, though it was not necessarily caused predominantly in opposition to it.