Emerging Challenges to the Public Capacity in the Era of Evolving Public Administration: Toward Collaborative Public Management

New paradigms of public administration have been introduced in government in order to cure administrative ills around the world. Various trajectories of public sector reforms have been actively introduced in many countries and the benefit of shifting to new paradigms of public administration has been well documented. However, the cost or the consequence of public sector reforms remains understudied. Accordingly, the purpose of this article is to deal with the consequences of the paradigm change of public administration and government reform because the author sees that the public capacity has declined or at least not improved in recent years while a wide range of innovations have been carried out by many governments under the New Public Management and governance perspectives. This article first looks at the evolution of public administration and its implication, followed by a discussion on government reform and its unintended consequences, and governance change in South Korea. Then various issues on new challenges such as the lack of the public capacity, and new tasks such as capacity building and calls for curriculum development, will be elaborated, followed by conclusions.     

法院地国家国内法中的冲突规则与国际条约的关系

法院地国家国内法中的冲突规则和已对该国生效的国际条约中的冲突规则同属该国国际私法的渊源。多数国家的国际私法制定法均有优先适用国际条约中的冲突规则的规定,但其国际私法分则对国际条约中的冲突规则的处理方式则主要有三种不同的立法模式。在裁判涉外民事案件的实践中,实体法解决办法有别于冲突法解决办法,仅在案件不符合国际统一实体私法条约的适用条件的情形下,才能依法院地国家国内法的冲突规则确定准据法。涉外合同的双方当事人选择已对法院地国家和其他缔约国生效的国际条约并不等于选择了合同准据法。而如果涉外合同的双方当事人选择了尚未对法院地国家生效、但已对两个或两个以上其他国家生效的国际条约,则只能视为对无法律约束力的“非国家规则” 的选择。由于“程序问题适用法院地法”,涉外民事案件的程序事项既不适用冲突规则,也不适用实体私法规则。法院地国家国内法的冲突规则不会同国际条约中的国际民事程序法规则发生抵触。     

The invisible/visible claims to justice: sexual violence and the university camp(us)

If the relationship between international tribunals and reconciliation remains empirically under‐researched within the transitional justice literature, this is even truer in respect of hybrid and local courts. Seeking to address this gap, the purpose of this article is to explore whether the State Court of Bosnia and Hercegovina (BiH) – and more particularly its War Crimes Chamber (WCC) – can contribute to reconciliation in BiH. Unlike the International Criminal Tribunal for the Former Yugoslavia (ICTY), the State Court is located in the country itself. Hence, in theory at least, it has greater potential to involve local people and thus to facilitate the reconciliation process. In practice, however, the Court faces many of the same problems as the ICTY, including perceptions of bias and the difficulty of satisfying victims. What this ultimately demonstrates is that criminal trials are not a panacea or “magic bullet” and that reconciliation – both in BiH and in post‐conflict societies more generally – requires a comprehensive and holistic approach to transitional justice that does not over‐rely upon the administration of retributive justice. The State Court, therefore, is merely one potential path to reconciliation.     

A complicity continuum of state crime∗

State crime scholars and radical criminologists have struggled to draw distinctions between state-initiated and statefacilitated state crimes and state-corporate crimes. The first of these, a less contentious concept, denotes an explicit and distinct action by a state for the furtherance of its organizational goals which violates law or produces social injury. State-facilitated and state-corporate crimes have been defined as implicit actions or inactions by the state which facilitate social injury, harm, or violations of law. Here we seek to establish more clearly the parameters of the phenomenon of state crime by creating a multidimensional continuum of state crime complicity. A sample of cases found in the radical-state and state-corporate crime literature are placed on or between the two extremes of the continuum: commission-omission behavior and implicit-explicit policy.     

Justice or Welfare? Nordic Women's Shelters and Children's Rights Organizations on Children Exposed to Violence

Efforts to promote the protection of, and support to, abused women have opened up new understandings concerning children who see, hear, or in other ways are exposed to men's violence against women and its consequences. On the basis of a redefinition of children exposed to violence into children subjected to violence, some important policy changes have recently been made in the Nordic countries as regards children's status as crime victims. To enable a better understanding of the context of such changes in policy, this article explores the extent to which Nordic women's shelter/crisis centre organizations and children's rights organizations draw upon a justice discourse in relation to the issue of children exposed to violence. The analysis is based upon a study of 10 organizations working at a national level in Denmark, Finland, Norway, and Sweden.     

社会权概念界定之批判与重塑

当前学界对社会权概念的界定,主要存在"内涵—价值分析"、"外延—规范分析"两种路径。虽然以上分析具有逻辑上的内在关联,但它们都没有完整揭示出社会权概念的本质特征。社会权作为一项基本人权,主要立基于对尊严与平等以及社会经济领域公民适当生活水准的价值追求。国家义务作为界定社会权内涵的重要工具性指标,其分别涵括尊重、保护和给付三种义务类型,但在逻辑上,尊重和保护义务只是给付义务的逻辑衍生。在外延上,社会权并非意指《经济、社会及文化权利国际公约》所规定的各项经济、社会和文化权利。受国情因素制约,各国宪法对于社会权的规定并非整齐划一。我国宪法层面上的社会权主要包括适当生活水准权、劳动权、获得物质帮助权以及受教育权等。     

Two paths to financial liberalization: South Korea and Taiwan

Abstract

This article explores the emergence of new spaces for civil society organisations (CSOs) as a result of an increasing interest by international donors in multi-stakeholder approaches to good governance under the ‘new policy agenda’. Drawing upon a contemporary case study of civil society in Cambodia, it argues that CSOs have been encouraged to perform two key roles on a national level: professional service delivery agents and democratic watchdogs. Both roles are seen by donors as integral to supporting an accountable and professional model of the Cambodian state while drawing upon valuable private sector lessons in a synergetic model of governance. The result is the construction of particular neoliberal spaces for CSOs operating as technical implementation mechanisms in response to externally driven donor pressures. Furthermore, under this new framework of governance, CSOs face pressure to undergo internal transformation akin to new public management reform; embracing economistic and administrative modes of coordination as core values of civil society participation.     

Workers' compensation and the governance of pain

This article examines the medico-legal systems of workers' compensation. It is divided into three parts, the first taking an historical perspective to locate the first workers' compensation laws, the circumstances which led to their implementation, and their consequences in terms of the shift from individual fault to industrial risk. In the second part, the discursive practices of medico-legal knowledge-power typically found in workers' compensation systems are examined, especially the principles and clinical practices that are deployed to 'police' the boundaries of such schemes and to mitigate costs. Part three then summarizes the effect of neo-liberal governmentality and its underlying economic rationality as it attempts to regulate, by means of the artifice of liberty, the behaviours of firms and workers. Workers' compensation deserves analysis for the special technical and insurantial problems it entails, given its complex triangular insurance relation (involving the insurer, the firm, and the worker), its deployment of medical, economic and actuarial knowledges, and its production of special problems and uncertainties surrounding the governing of a class of persons incapacitated for productive work.     

法治政府建设相关问题思考

国务院制定的《全面推进依法行政实施纲要》,提出了建设法治政府的目标和措施,表明了政府依法行政的决心。为此,我们必须冷静分析各种因素和条件,以迎接挑战。其中最为重要的是法治政府与我国依法治国进程的关系,法治政府是法治国家的基本特征或原则之一;法治政府和转变政府职能关系密切,在入世和经济全球化条件下,政府职能有所变化;法治政府建设必然要求诚信政府,法治政府必须坚持诚信原则,诚信政府对于我国社会的信用制度建设具有重要作用。     

论维特根斯坦的“图式实在论”

维特根斯坦不是主观唯心论者,而是一位唯物论者;他的图式实在论作为一种结构实在论,是对以往各类实在论的发展.虽然其后期哲学对前斯哲学发生180度逆转,但其研究核心却始终是语言及其与实在的关系,而且他一直坚持实在论的基本立场,只是前期主张"图式实在论",后期主张"日常实在论",总想在认识论上找到一种方法以清除哲学与科学中的逻辑错误和对语言的错用及误用,力求能更准确、方便、有效地表达语言的指谓对象及所涵盖的世界.