政治学视野下的功利主义公共政策反思

功利主义作为公共政策的价值评判标准,是对公共行政最有影响力的公共哲学。因其过于强调经济理性和后果主义导向,很容易使公共政策走向极端。功利主义的一元价值难以满足公共政策正义、平等、公正等多元价值的标准。功利主义公共政策往往在现实生活中背离了政府作为公共正义代表的考量。     

城市青年择偶方式:未婚到已婚的变化及相关因素分析

研究表明,未婚青年择偶方式与已婚青年择偶方式存在明显差别。原来的同学是未婚青年择偶中最主要的结识方式,但这种同学关系最终能走进婚姻的不到其比例的一半。同时,尽管自己结识是青年择偶方式的主流,但由他人介绍结识的方式在已婚青年择偶中已占到40%,具有十分重要的地位。对已婚青年调查结果的分析还表明,青年的结婚年龄、文化程度、职业以及城乡背景等因素,都与青年择偶方式有一定关系。     

建立落实基本国策的保障机制——对“计划生育“和“男女平等“两项基本国策的比较与思考

在对"计划生育"和"男女平等"两项基本国策的贯彻落实过程中,既存在一些共同点,也存在一定差异它们都受到党和政府及社会的认同,但认同程度不同,前者深,后者浅;它们都取得了很大成效,但成效的显著程度不同,前者显著,后者差些.要达到"男女平等"基本国策真正意义上的实现,需要建立起与其相称的保障机制,如法律保障机制,政策保障机制,管理保障机制,社会监督机制和群众参与机制等.     

New Labour’s communitarianism,supporting families and the ‘rationality mistake’: Part II

In Part I of this study, we argued that New Labour is keen to use legislation to promote what it sees as desirable family forms and to discourage other, less-favoured family practices. The codification of this approach in the 1998 Green Paper Supporting Families - and, in particular, the 'New Deal for Lone Parents' - was compared with recent empirical research on how people make decisions about their moral economies. We concluded that the government's approach is subject to a 'rationality mistake' - people do not make decisions in the way the government assumes and hence legislation can be inefficient or even oppressive. Here, we examine this contention further, this time focusing on chapter 4 of the Green Paper, indicatively entitled 'Strengthening marriage'. Using recent empirical research on mothers' views on marriage and cohabitation, we find further evidence of the 'rationality mistake', where the government has misunderstood the ways in which people make decisions about partnering and hence misplaces the role of family law. We conclude that supportive and flexible legislative frameworks are needed that recognize the varying ways in which people take moral economic decisions.     

论私法原则在行政合同中的运用

在民主行政的理念指导下,以行政合同为代表的一些非强制性行为被广泛运用。作为一种特殊的行政行为,行政合同的基本出发点在于尊重行政相对人的自主意志,维护行政主体和行政相对人合意的结果。行政合同虽然具有不同于私法合同的特点,但基于合同的共性,私法合同的基本原则对行政合同仍有适用的空间。     

The Intergenerational Transmission of Physical Punishment: Differing Mechanisms in Mothers’ and Fathers’ Endorsement?

We examined the intergenerational transmission of physical punishment (PP) and whether marital satisfaction moderated this transmission. Participants were 241 mothers and 107 fathers with a three year-old child who completed a semi-structured interview assessing their endorsement of disciplinary methods and the methods their parents used to discipline them. Marital satisfaction was assessed using the Conflicts and Problem Solving Scales. Different predictive models were obtained for mothers and fathers. For mothers, socioeconomic status (SES) and their own mother’s use of PP significantly predicted their current endorsement of PP. For fathers, SES and perceived harshness of childhood discipline predicted current endorsement of PP. Marital satisfaction moderated the intergenerational transmission of PP for fathers, but not mothers. Results indicated that PP by the same-sex parent and SES are important factors in its intergenerational transmission, and that the effects of childhood PP on current endorsement may be more direct for mothers and indirect for fathers.     

受教育权初探

今天的受教育权是初始的受教育义务经“自由权形态”到“社会权形态”再到“发展权形态”历次演变的结果。在实证法上 ,受教育权也经历了一个从“受一般法律调整”到“作为人权入宪”到“进入国际人权法领域”的发展历程 ,目前受教育权保障的国际标准已经确立。在法律意义上 ,受教育权平等不仅要求权利设定上的平等 ,而且要求将平等原则作为保障公民受教育权的首要原则     

Resource Priority,Fairness, and Equality-Efficiency Compromises

A central issue in theories of social justice is the potential conflict between equality and efficiency in the distribution of resources. We suggest here that resource priority is a key factor that moderates the perceived fairness of equality/efficiency compromises in resource allocation. Participants were presented with scenarios involving a policy change that pitted equality against economic efficiency in the allocation of a variety of resources that differed in their importance levels (basic versus non-basic). We found that participants gave more weight to efficiency considerations at the expense of equality in distributing non-basic (higher-level) resources than in distributing basic resources. We discuss the priority hypothesis in connection with norms of justice, human motives, the need hierarchy (deficiency versus growth needs), the consumption of basic versus non-basic resources, and the legitimacy of allocation policies. The paper is based on portions of doctoral research conducted by Eviathar Matania under the supervision of Ilan Yaniv.     

Symbolic Hate: Intention to Intimidate,Political Ideology,and Group Association

In Virginia v. Black (123 S.Ct. 1536, 2003), the Supreme Court ruled that the First Amendment did not bar statutes that prohibit cross burnings in which defendants acted with intention to intimidate others. Using a variety of symbols including cross burnings, swastikas, confederate flags, and skin fists, the current research tested how mock jurors used alternative actor intentions to judge culpability in symbolic hate speech cases. Only partially validating the Court’s assumptions, participants rated guilt certainty highest when they believed the speakers conveyed direct threats, sometimes regardless of whether defendants intended to intimidate others. Further, results showed the level of perceived intimidation only partially mediated the relationship between type of fact pattern and guilt certainty ratings. While alternative intentions did produce different levels of intention to intimidate, path analysis showed that the participants’ ratings of the defendant’s intention to convey a direct threat influenced guilt certainty ratings in all cases. Perceived intimidation levels predicted culpability in only some of the cases and not for cross burning on private property.

Intimate Partner Violence Among Adolescent and Young Adult Mothers

The associations between intimate partner violence (IPV) and mental health among adolescent and young adult mothers were compared. The sample was drawn from the Fragile Families and Child Wellbeing Study and participants were 672 mothers between the ages of 14 and 21. IPV was significantly positively associated with both depression and anxiety among young adult mothers. However, these associations were not found among adolescent mothers. In addition, IPV and marital status were significantly related among young adult mothers, but not adolescent mothers. Results suggest that IPV may have different consequences during different parts of the life course, or that mental health symptoms may be reported only later in life.