呼之欲出的社会公益募捐法

5．12汶川地震之后,全国各界展开了对地震灾区的援助,除了直接赶赴灾区进行救灾援助之外,捐赠或者募捐成为很长一段时间内人们对地震灾区主要的援助手段。基于我国现阶段对于捐赠与募捐的立法现状,其中有诸多的不规范之处,而募捐过程中也产生了诸多问题。这些问题如果在短时间内得不到解决,一方面,会影响到灾区所可能接收到的外在援助,另一方面,也会由于募捐本身的不规范导致捐赠者的失望可能影响到全社会的利他主义与人道主义信念的下滑,这对于现阶段和谐社会的建构是至关重要的。本文将就募捐的法律性质、募捐的现有规范及募捐现存的问题作一初步探讨,以期对我国募捐法案的出台有所裨益。     

Assessing the Prevention of Juvenile Delinquency: An Evaluation of a Court‐Based Delinquency Prevention Program

In 2002, the State of Ohio mandated juvenile courts to provide prevention for at‐risk youth. This study examined official court records to evaluate the effectiveness of a prevention program administered by the Greene County Juvenile Court. A sample of 362 youth referred to the program for the years 2002 to 2009 by concerned caretakers, teachers, and police was analyzed. Consistent with intake goals, 81.7% of clients were referred for at‐risk but not actually delinquent behaviors. Completion of the prevention program did not predict future court referrals, but neither did seriousness of referral behavior. Children with two biological parents were significantly more likely to complete the program, whereas referrals to Strengthening Families Program and substance abuse screening significantly predicted program noncompletion. Implications for policy and research are discussed.

Key Points for the Family Court Community:
• This article highlights efforts by county juvenile court to implement a secondary prevention program for at‐risk but not officially court‐referred youth.
• Delinquency prevention research depends on good juvenile court data and adequate comparison groups.
• Evidence‐based predelinquent interventions with external process and outcome evaluations should be the standard.

     

公私协力所生国家赔偿责任归属之研究

依台湾地区现行"国家赔偿法"和"国家赔偿法修正草案"规定,委托行使公权力行为产生国家赔偿责任时,应以委托机关为赔偿义务机关。然而,受托行使公权力之私人团体或个人,对所行使之内容为公权力已有客观认识,应本着与委托人为同一注意义务。从"行政程序法"、"诉愿法"和"行政诉讼法"更可推断出受托者在行使公权力之范围内应当负公法上之责任,不能因不具有公法人格而免除其公法上法律责任之立法意图。现行"国家赔偿法"和"国家赔偿法修正草案"规定的合理性及妥适性,仍有深究之余地。     

Thinking the crisis politically: lineages of resistance to neo-liberalism and the politics of the present conjuncture

Dominant forms of left theorizing in relation to the crisis have constructed emergent forms of resistance as limited and reactive. This depiction of resistances, however, is created partly by abstracting the crisis from ongoing contestation of neo-liberalism. This paper situates emerging resistances to crisis and austerity in relation to ongoing trajectories of the contestation of neo-liberalism. It examines some of the solidarities and antagonisms being shaped in relation to the crisis. The paper concludes that a focus on the dynamic trajectories of alternative politics can open up different possibilities within the current conjuncture.     

Citizenship,minorities and the struggle for a right to the city in Istanbul

Globalization is generating new forms of citizenship that often go beyond the institutional perception of social identity. These new forms of citizenship are developed in a scalable way to a greater extent than rights and obligations, and are entirely managed by the citizens themselves. To demonstrate empirical support for this issue, the case of minority communities in Turkey constitutes one of the most relevant examples, since citizenship in this country has long been associated with an idea of political loyalty and total allegiance to the nation-state. The main purpose of this article is to show how urban space and urban protest allow minorities to find alternative forms of expression for their collective identity, and to create a new understanding of citizenship beyond the classical definition, being based instead on institutional representation. The aim of this research is to examine the process of urban transformation in Istanbul, how this phenomenon shapes the structure of cities and how it gives rise to social resistance and protest, especially in neighborhoods housing minority communities. In this context, the article focuses on planning movements in Turkey through a comparative study of two urban planning projects and the citizens' protests against them.     

Everyday Legitimacy in Post-Conflict Spaces: The Creation of Social Legitimacy in Bosnia-Herzegovina's Cultural Arenas

Abstract

The international community has long been criticized for its lack of social legitimacy in Bosnia-Herzegovina and its creation of a dysfunctional public space in the light of people's everyday experiences of peace. This article contends that, as a result, legitimacy has been moved from such public spaces to semi-public spaces, wherein the public and the private are interrelated. One example is local cultural arenas, where hopes emerging in people's everyday lives are projected onto alternative visions of peace and a corresponding social contract. In that sense, cultural agencies have served as alternative social locations of legitimacy due to their closer connection to people's lives and needs.     

Auditee Strategies: An Investigation of Auditees’ Reactions to the Norwegian State Audit Institution’s Performance Audits

This article contributes to theory on accountability—how it is played out and responded to. It uses the Norwegian State Audit Institution as an illustration. The responses of the audited entities to the SAI’s institutional pressure were identified through an analysis of four different cases. Four auditee strategies were identified. They indicate that the performance audit has impact when the auditees agree with the conclusions of the SAI. Sanctions from the control committee and the Parliament are equally important. Even though the extent of sanctions and conflict of opinion matter for the auditees’ responses, the effects are context dependent.     

Conclusion: Getting It All Together

Abstract

As the aticles of the symposium present a wide variety of conclusions on whether public administration has “grown up,” this overview article does not attempt a unified synthesis of the authors’ views but rather makes a composite analysis of contrasts and patterns among them. Attention is then shifted to the organizing metaphor itself, that of maturation. Following a review of how each article employs it, some general reflections are offered on its usefulness.     

The Liberal Left Opts for Terror

For a century, intellectual debate on political violence has been dominated by efforts to romanticize the extremist and to invest him with the aura of the altruistic “freedom fighter.” It is astonishing that in the post-9/11 era, the terrorist's image continues to remain habitually mystified and ennobled, while terror attacks are justified as self-defense. “Terrorist discourse” is indicative of the universality of the intellectual position of the Left with regard to terror, national discrepancies notwithstanding. The present article evaluates leftist liberals' attitudes towards terrorism in the 20th-century Russian Empire, Europe, the U.S., and especially Israel—one of the epicenters of terrorism today. The article proposes to examine psychological responses to terrorism in conjunction with a range of contemporary reactions to threats, acknowledged or displaced with an assortment of mental constructs and rationalizations.     

Universal soldiers or parochial actors: Understanding jihadists as products of their environments

ABSTRACT

Why did the Islamic State of Iraq and al-Sham (ISIS) and Jabhat al-Nusra (JN)—two groups that shared similar ideological preferences and were both initially part of the Al Qaeda network—take different paths in the Syrian conflict? Part of the answer lies in the fact that JN is primarily a Syrian organization, whereas Iraqis lead ISIS. A jihadist group’s relationship to its country of origin and domicile (the two are not always the same) helps to explain that organization’s ideological preferences and alliance behavior. Yet no method of categorization based on jihadist-state relations exists. I fill this gap by theorizing an explanatory typology based on a jihadist group’s relationship with its country of origin and/or domicile. This typology consists of two tiers. The first classifies jihadist organizations based on whether they are nationally homogeneous or heterogeneous, and whether they are based in their country of origin, exile, or multiple locations. The second tier categorizes groups based on the nature of their engagement—collaborative, belligerent, or neutral—with a state. This new typology enables the generation of multiple hypotheses and has practical implications given that most U.S. counterterrorism efforts require cooperation from partner nations.