“偶然”还是“必然”?——从青年劳工维权者的从业路径看草根维权力量的兴起

对农民工的权利保护,是当下最受关注的社会问题之一,也是近来学术讨论的热点所在。已有研究中的大部分都将关注点集中在维权组织的产生与运作过程,但对于个体的劳工维权者却少有问津。笔者通过分析个体维权者的生命史,发现他们自认为是"偶然"的从业路径,实质上充满了由体制和制度带来的必然性,同时这些结构性因素也持续塑造着他们的维权行动。     

Pre-Trial Defence Rights and the Fair Use of Eyewitness Identification Procedures

This paper sets out the normative basis of a claim to procedural rights concerning the fair use of eyewitness identification procedures. It is argued that there are two aspects to suspects' procedural rights. The first aims to secure an opportunity for the suspect to participate in procedures where doing so might result in exculpatory evidence (a participatory right). The second is the state's obligation to take reasonable measures to prevent wrongful conviction on the basis of mistaken identification by providing the suspect with a satisfactory degree of procedural accuracy (a protective right). This normative analysis provides the basis of a claim that Article 6 of the European Convention on Human Rights provides a suspect with similar rights. The final part of the paper considers whether domestic procedure is compatible with these putative rights, and whether it could be said to provide an effective remedy if they were to be breached.     

Justifying Punishment: A Response to Douglas Husak

In ‘Why Criminal Law: A Question of Content?’, Douglas Husak argues that an analysis of the justifiability of the criminal law depends upon an analysis of the justifiability of state punishment. According to Husak, an adequate justification of state punishment both must show why the state is permitted to infringe valuable rights such as the right not to be punished and must respond to two distinct groups of persons who may demand a justification for the imposition of punishment, namely, individuals subjected to punishment and the society asked to support the institution of punishment. In this discussion, I analyse Husak’s account of the right not to be punished with an eye to showing that the parameters of that right do not extend to the cases that would make it controversial. I also consider two other distinct groups of persons who have equal standing to alleged offenders and society to demand justification for the imposition of state punishment, namely, direct victims of crimes and criminal justice officials.     

主权与人权关系的认识误区及立法衡平——对《香港基本法》第23条立法困境的思考

<香港基本法>在港实行14年以来,为香港社会经济的稳定繁荣发挥了重要的保障作用,并因此得到了广大香港民众的认同与支持.但基本法第23条有关维护国家安全立法的规定至今却未得落实,其主要原因在于对主权与人权这一对法制核心概念的认识存在偏差.因此,厘清主权与人权的概念和内涵,揭示主权绝对论和人权相对论的理论缺陷,重新对照基本...     

Bringing Home the Bacon or Not? Globalization and Government Respect for Economic and Social Rights

The impact of globalization on human rights has generated substantial debate. On the one hand, those making liberal, free-market arguments assert that globalization has a positive impact on developing countries through the increased generation of wealth (e.g., Garrett 1998; Richards et al. in International Studies Quarterly 45:219–239, 2001; Rodrik in Challenge 41:81–94, 1997). On the other hand, the critical perspective claims that globalization negatively impacts respect for human rights because trading arrangements, while open, are detrimentally uneven (e.g., Carleton 1989; Haggard and Maxfield 1996; Stiglitz and Charlton 2005). However, few have looked at the relationship between globalization and respect for economic and social rights. In order to test this relationship, I examine non-OECD countries utilizing two-stage regression analysis to control for investment-selection factors. I find mixed results for the hypothesis that globalization negatively affects respect for economic and social rights. Consistent with Richards et al. (International Studies Quarterly 45:219–239, 2001), I conclude by arguing for the need to disaggregate globalization in order to determine its true effects.

Challenging Privatization: A Conceptual and Theoretical Argument

This is the second of a three-part polemic against the destruction of state owned enterprises in China (the first, “Against Privatization: A Historical and Empirical Argument”, is published in JCPS 13:1, 2008). It critically examines the ideology of privatization and argues for alternative guidelines of reform. The central contention is that a healthy market economy does not require domination of private property; rather it relies on apposite political-legal-ideological power and regulatory-monitoring regimes of accumulation and distribution socially legitimated within a given public culture. Rejecting the fallacies of ownership determinism and precision requirement on property rights for morality and efficiency, this essay clarifies distinction between the notion of exclusive properties and the vision of their socialized utility and management. Justifications for reforming state and private sectors alike in accordance with a unifying commons of social defense and feasibilities of innovative reform measures and policy proposals in that direction, will be elaborated in a third essay titled “Overcoming Privatization: A Strategic and Institutional Argument”.

Parenting by Cell Phone: Parental Monitoring of Adolescents and Family Relations

Cellular phones provide a means for parents to monitor and request information about whereabouts, associates, and current activities from adolescents. Simultaneously, adolescents can communicate with parents to inform them of activities and to solicit support or they can also choose to nondisclose. The frequency, duration, and nature of calls may relate to parents’ and to adolescents’ perceptions of truthfulness and family relationships. 196 dyads (13% father–son, 11% father–daughter, 30% mother–son, and 46% mother–daughter) completed a questionnaire indicating cell phone use, their truthfulness of activities, the nature of their calls to one another, and family relationships. The parents were, on average, 45.38 years old (SD = 6.35) and were 83% Euroamerican, 9% Asian American, 3% Latino, 3% African American, 2% Mixed ethnicity, and 1% American Indian. The adolescents were, on average, 16.25 years old (SD = 1.17) and were 77% Euroamerican, 9% Asian American, 4% Latino, 3% African American, 8% Mixed ethnicity, and .5% American Indian. Correlational analyses revealed that parents who called more frequently reported less truthfulness when speaking to their adolescents via cell phone. Greater frequency in parental calls also was associated with less adolescent-reported truthfulness. From multiple regression analyses, for parents, calls when upset were associated with less parental knowledge and poorer family relations. For adolescents, the same was true; however, adolescents who made calls seeking social support and to ask and confer with parents reported greater perceived parental knowledge and better family relationships.

The Impact of Parental Stressors on the Intergenerational Transmission of Antisocial Behavior

We examine the extent to which parental antisocial behavior is related to child antisocial behavior and, if it is, the extent to which the effect is mediated by parental stressors and by parenting behaviors. In particular, we examine two sources of stress–depressive symptoms and exposure to negative life events. The study is based on data from the Rochester Intergenerational Study, a prospective multi-generation panel study. The parent sample is 73% male and 27% female and predominantly African American (69%); the child sample consists of each parent’s oldest biological child. We find significant levels of intergenerational continuity in antisocial behavior for mothers and for fathers who live with or supervise their child, but not for fathers who have low levels of contact with their child. Results of structural equation models of mediating pathways are similar for mothers and for supervisory fathers. Of the two stressors we examine, depressive symptoms appears to be the more consistent mediator. It, both directly and indirectly via its impact on parenting behaviors, influences the child’s early onset of antisocial behavior. The results imply that childhood antisocial behavior has deep roots, extending back to the parent’s adolescent development.

Positions on sexual and reproductive rights in Muslim-majority countries and institutions: a telling indication of things to come?

ABSTRACT

This article provides a policy analysis of Muslim-majority countries’ positions on sexual and reproductive rights (SRR). First-hand observations, interviews, and reports are used to review how statements around various intergovernmental moments continue to be formulated since the International Conference on Population and Development in 1994. The analysis outlines both the similarity and diversity between and among Muslim-majority countries on a range of SRR areas, while pointing out that positions are by no means unique to them. Rather, it is argued that opposition to SRR defines a terrain of “unholy alliances” between and among different religiously inspired nations, and ends by enquiring whether SRR may be an important political indicator of real politik.     

Reparative development: re-conceptualising reparations in transitional justice processes

Reparations are increasingly seen as potential avenues to address the socioeconomic structural injustices that have affected victims during conflict or authoritarian rule. Scholars, however, have identified serious limitations in these policies, emanating from faulty design, political reluctance, financial limitations and uneven implementation. This article proposes a reconceptualisation of reparation policies by embedding them in a framework of reparative development. A theory of reparative development is outlined by discussing how principles emanating from key rulings of the Inter-American Court of Human Rights can be articulated to provide a conceptual link between transitional justice and development. This article argues that restitution should consider not only past damages but also lost life opportunities. Reparations should be both individual- and community-based, taking into account the supplemental policy actions required to make them both effective and sensitive to existing human insecurities. Finally, they need to involve local and grassroots organisations in their implementation.