公共行政组织建构的合法化进路

对待现代国家公共行政组织建构的合法化问题,有一种形式法治主义的主张,即通过民主代议机关的合法化模式。这种模式在方法论上有单一原因论、理想的形式规范主义和绝对的建构理性主义之倾向,它在解决当下中国行政组织无序的诸多问题方面力有未逮。而在实践中,另外一种可以称为开放反思的合法化模式的进路,以其多向原因论、经验的实质规范主义和复合理性主义之方法论倾向,在相当程度上发挥着重要功能。它并非彻底否定民主代议模式,而是传统主张之外的一条比较贴近中国现实的合法化进路。     

Deconstructing competing courtroom narratives: representation of social actors

Underpinned by the assumption that the import of the facts and the law in the courtroom depends on how they are invoked and (re)presented mainly through language use by courtroom interactants, this functional linguistic study critically scrutinizes representation strategies that opposing lawyers use to position social actors in their narratives, integrating Halliday’s concept of transitivity and van Leeuwen’s inventory of social actor representation. The findings reveal that the two sides consistently exhibit contrasting discursive practices, and that referential choices and grammatical positioning constitute major semiotic resources that work in concert to construct different identities and alternate realities, and negotiate interpretations of the guilt and innocence of the defendant and the victims. Social actor representation, it is argued, constitutes an important contingency bearing on the outcome of this institutional discourse. Such resources are deeply intertwined with each presenter’s underlying ideologies in this institutional discourse.     

Why are the affluent better represented around the world?

Scholars have discovered remarkable inequalities in who gets represented in electoral democracies. Around the world, the preferences of the rich tend to be better represented than those of the less well-off. In this paper, we use the most comprehensive comparative dataset of unequal representation available to answer why the poor are underrepresented. By leveraging variation over time and across countries, we study which factors explain why representation is more unequal in some places than in others. We compile a number of covariates examined in previous studies and use machine learning to describe which mechanisms best explain the data. Globally, we find that economic conditions and good governance are most important in determining the extent of unequal representation, and we find little support for hypotheses related to political institutions, interest groups or political behaviour, such as turnout. These results provide the first broadly comparative explanations for unequal representation.     

The development language: BPL category and the poverty discourse in contemporary India

The paper highlights the complex relationship between development and language and argues that poverty as a condition of underdevelopment is materialized in representation. Instead of limiting the scope of the topic to the rhetorical aspects of development thought, it is proposed that development language produces a specific reality of poverty while writing about it. Using a post-structuralist framework and drawing from various Planning Commission reports on poverty lines, the paper goes on to implicate these reports in the production of authoritative knowledge and the elision of the poor. Through the identification of the cut-off line, which distinguishes the poor from the non-poor, these reports control our ways of knowing and suspend our ability to imagine poverty in any non-institutional manner. Such representation not only omits poor’s everyday experience and converts poverty as experience to poverty as knowledge, but also predicates its objectivity on such elision. The paper also highlights the slippages and contradictions in these reports, and shows how in the seeming inevitability of poverty knowledge, people find innovative ways to appropriate and disrupt it.     

Breaking the Silence: Gender Mainstreaming and the Composition of the European Court of Justice

Why has it taken so long for member states to appoint women to the Court of Justice? Despite having won relatively significant policy instruments for equal treatment at work and high levels of legislative representation, women in the European Union have been slow to extend the demand for gender mainstreaming to courts. Prior to 1999, the Court of Justice had had one woman member until Ireland appointed Fidelma Macken in late 1999, and Germany appointed Ninon Colneric and Austria appointed Christine Stix-Hackl Advocate General in 2000.The 1995 U.N. meeting in Beijing was a catalyst for the demand for balanced participation of women and men in decision-making processes within the E.U., and it coincided with Sweden, Finland and Austria joining and championing the cause of gender equality. In 1999, the Commission published a report on women in the judiciary and women lawyers began to organize across Europe. After tracing the appointment process, I review the European Parliament's role in championing women on the Court and consider recent developments. Courts, particularly supranational and federal courts, are representative institutions even if their representative function differs from legislatures. Non-merit factors have always been a factor in judicial appointments and thus the demand for women on the bench is not a terrible deviation from merit. An all male bench is no longer legitimate. This revised version was published online in July 2006 with corrections to the Cover Date.     

Explaining Explanations: How Legislators Explain their Policy Positions and How Citizens React

Legislators claim that how they explain their votes matters as much as or more than the roll calls themselves. However, few studies have systematically examined legislators’ explanations and citizen attitudes in response to these explanations. We theorize that legislators strategically tailor explanations to constituents in order to compensate for policy choices that are incongruent with constituent preferences, and to reinforce policy choices that are congruent. We conduct a within‐subjects field experiment using U.S. senators as subjects to test this hypothesis. We then conduct a between‐subjects survey experiment of ordinary people to see how they react to the explanatory strategies used by senators in the field experiment. We find that most senators tailor their explanations to their audiences, and that these tailored explanations are effective at currying support—especially among people who disagree with the legislators’ roll‐call positions.     

The international diffusion of electoral systems: The spread of mechanisms tempering proportional representation across Europe

There is an assumption in much of the electoral engineering literature that domestic episodes of electoral system choice occur in a vacuum, isolated from international influences. Yet this assumption remains largely untested, despite the comparative focus of much of that literature. This article focuses on part of this gap by considering two electoral mechanisms that seek to limit party system fragmentation under proportional representation – low district magnitudes and high electoral thresholds – and shows that the mechanisms have spread across many European countries during the post‐1945 period. Analyses reveal that national legislators are more likely to adopt one of these electoral mechanisms when a large number of peer countries have made similar choices within the last two or three years. This effect is robust to various model specifications and to the inclusion of multiple controls. The article also offers some qualitative evidence from case studies and parliamentary debates.     

心灵计算理论与具身认知的哲学反思

具身认知的思想不是凭空提出的,它是在反对认知科学中主流的计算主义的基础上产生的,因此,在探讨具身认知之前,我们要对计算主义和相关的联结主义有足够的了解。具身认知反对表征和计算,对联结主义抱有同情,但是具身认知最近的发展也表现出一些和计算主义及联结主义关系不大的特征,而这些特征并非具身认知的本质特征。     

What Past Is Present?

The article deals with new modes of representation of Croatian contemporary history. It argues that the Croatian grand narrative of the twentieth century is presented as the continuous fight of Croats for their nation-state. All historical events in the narrative are appraised as beneficial or harmful only in how they contributed to the creation of the state. The pattern of representation in heavily ethnocentric. The constructed self-image of the Croatian nation portrays Croats as humiliated and repressed by various others in the twentieth century. Croats are represented as the victims of other national groups and of history. The notion of historical responsibility is nonexistent for the analysed period.     

Analyzing the representativeness of internet political participation

Political participation researchers have developed several evaluative techniques to assess the representativeness of political participation patterns. Yet, while the Internet has become a mainstream avenue for political participation in the United States, current assessments of online participation insufficiently apply these methods. To incorporate these methods we begin by drawing upon resource theory to inform two-stage ordered-logit models of online and offline political participation. Our results suggest that the factors predicting online participation often differ from the factors that predict offline participation. Even so, we find that those from higher socioeconomic backgrounds tend to disproportionately possess these distinct online determinants. Next, we use a wide spectrum of political opinion questions to determine whether online participators opinions reflect or distort those of the general population. Overall, we find that online participation tends to relate moderately with liberal preferences. However, because offline participation relates to political attitudes similarly, the Internet only marginally advantages the political voice of liberals. Finally, we discuss the implications of these results.