宪政视野里的人权观念重构

在我国现已加入多项国际人权公约的背景下,我国的现行文本宪法仍未引入国际通行的人权概念。本文试图从宪政体制的视野,针对宪政体制和人权保障,宪法文本的阶级话语和人权观念的冲突的角度,分析并认为将马克思主义的无产阶级革命理论运用到社会主义建设时期,用无产阶级革命时期理论思维去指导社会主义的国家建设,用阶级矛盾和阶级斗争思维去建构我们的宪政体系是我们现行宪政体制中人权认识上步入误区的原因所在,也是我们在宪政视野中对人权价值观念进行重构的起点。     

论建构主义对创建班级组织的新启示

建构主义学习理论是本次新课程改革的重要理论之一,其主要理念就是教师需重视学生学习的"建构性"。为适应新课改需要,在建构主义影响下,需重新审视学校班级组织的相关问题,从而为学生的学习与活动创造良好的班级环境。     

我国高校第二课堂活动的现状及对策

知识经济的大背景下，国家提出了实现素质教育的目标，对于高校人才培养提出了更高的要求，学校在学生创新能力和非智力因素培养方面应予更多关注。本文以此为基点，分析了高校第二课堂活动的作用，并结合我国高校第二课堂活动的现状，提出了相应的对策建议。     

论虚假陈述民事案件的诉讼方式

在民众的强烈期盼下,最高人民法院终于做出司法解释宣布受理虚假陈述民事赔偿案件,但是由于其固守传统民事诉讼模式,难以有效地解决人数众多的虚假陈述民事赔偿问题。笔者认为应当借鉴美国的集团诉讼机制以及德、法两国的团体诉讼的先进经验,改造我国已有的代表人诉讼制度,以解决虚假陈述民事案件的诉讼方式问题。     

Childhood Abusive and Supportive Experiences, Inter-Parental Violence, and Parental Alcohol Use: Prediction of Young Adult Depressive Symptoms and Aggression

Issues in both the children of alcoholics and child abuse literatures were addressed in an attempt to disentangle the effects on young adults of growing up in alcoholic homes versus abusive homes. Using multiple regression, retrospective reports of parental abuse (emotional, physical, and sexual) and parental support (love/support, independence, and fairness), witnessing violence between parents, and parental alcohol use were used as predictor variables for outcomes noted by both literatures. When the effects of all other predictors were statistically controlled, parental alcohol use was not significantly related to depressive symptoms or aggression. Different abusive and supportive behaviors, depending on sex of parent and sex of participant, were significant predictors of both depression and aggression. Results underscore the importance of including and controlling for inter-parental violence and for different types of child abuse (especially emotional abuse) and parental supportive behaviors in investigations of outcomes related to abusive and alcoholic families. Implications for treatment of individuals from these families are discussed.     

Predictors of Early Engagement in Home Visitation

Predictors of engagement in mothers receiving home visitation in the first year of service was examined. Early engagement was studied in three ways: (1) length of time active in the program during the first year of service (duration), (2) number of visits received (quantity), and (3) gaps in service between visits (consistency). Examined visits received in 515 first-time mothers in a Healthy Families America (HFA) program. Parameters of engagement were investigated, and predictors of engagement were identified using demographics and the Kempe Family Stress Inventory. Inclusive of the Assessment Visit, 31.8% of mothers disengaged prior to the first month of service. Remaining active in the program was associated with being Caucasian, and increased parenting risk (mental health/substance abuse history, low social support, increased stress). Most mothers had fewer home visits than prescribed. Gaps in prescribed service were common, with 89.4% of mothers experiencing gaps between visits of 1 month, and dropping to 16.4% having gaps of 2 months. In contrast to findings from clinic-based interventions, early engagement in home visitation is associated with lower levels of functioning and acute needs. These findings add to a growing body of literature suggesting that increased adversity promotes engagement in prevention programs in general, and home visitation programs in particular. To the extent that mothers who are actively engaged in home visitation are likely to have increased psychosocial needs, curricula may require modification and augmentation to address these needs and optimize program effectiveness.     

Separating Compensatory and Punitive Damage Award Decisions by Trial Bifurcation

In a simulated products liability trial, we tested the effects of bifurcating decisions regarding compensatory and punitive damage awards. Fifty-nine groups of 5-7 jurors heard evidence in a unitary or bifurcated format, deliberated about the case to a unanimous decision, and awarded damages. Trial bifurcation decreased variability in compensatory damage awards across juries hearing the same case, and also decreased the tendency for juries to award extremely high compensatory damages. In addition, deliberation led to lower compensatory awards in the low injury severity condition and higher awards in the high injury severity condition. Jurors reported that they were using evidence more appropriately when the decisions were bifurcated. Implications of evidence bifurcation in civil trials are discussed.     

Justice Beliefs in School: Distinguishing Ultimate and Immanent Justice

This paper combines two recent developments in just world research: the conception of belief in a just world (BJW) as a resource for coping and well-being in everyday life, and the distinction between two different facets of BJW, namely belief in immanent justice (BIJ) and belief in ultimate justice (BUJ). Moreover, these two aspects are adapted to the school context and educational psychology. Scales for measuring ultimate and immanent justice in schools were developed within a German pilot reform project with a sample of 1274 pupils. The two facets could be distinguished by means of factor analysis. The reliability of the two scales is satisfactory, and their validity is confirmed by their differential correlational patterns. Results show that not every form of BJW automatically functions as a coping resource. In fact, only BUJ is able to protect pupils' mental well-being, whereas immanent justice can actually jeopardize well-being. Similarly, BUJ is associated with the perception of solidarity and learning enjoyment in class, whereas BIJ is more closely associated with the experience of rivalry and competition in class. Finally, the socialization of the two justice beliefs is considered. The cross-sectional data provide some evidence to suggest that friendly and supportive parenting styles can promote BUJ, whereas strict parenting styles may further BIJ. More longitudinal research is needed to obtain further insights into these phenomena.     

New Panthers,old Panthers and the politics of black nationalism in the United States

ABSTRACT

The New Black Panther Party for Self-Defense has been a cause du scandale since it was formed in the early 1990s. Indeed, the Anti-Defamation League has described it as ‘the largest organized anti-Semitic and racist black militant group in America’. It is somewhat surprising, then, that there has been very little detailed analysis of the party and its activities. Mulloy begins to fill this gap by outlining the origins and development of the party, and by closely examining the ongoing dispute between the New Black Panthers and surviving members of the original Black Panther Party—established by Huey Newton and Bobby Seale in Oakland, California in 1966—over the right to claim the name, the history and the legacy of the Panthers in the United States. Critically assessing the strategies and actions of the New Black Panthers, Mulloy argues that its high-profile, media-centred approach to political activism has largely been a failure with regard to its overall aim of reviving the Black Power movement in the United States.     

族群和阶级相关联的理论探讨

严格地说,族群是一个文化概念,而阶级主要是一个政治经济概念。但在现实中,族群和阶级经常是纠缠在一起的。阶级边界和族群边界都不是岿然不动的,在一定的社会历史条件下,族群和阶级的边界就会淡化、消解、或者镶嵌和嫁接在一起。