马来西亚华裔新生代的“祖籍记忆”初探

调查表明,马来西亚华裔新生代的国民认同和族群认同均表现出相当的强度,我们倾向于把这种“双强”的特征看作是走向多元文化主义的马来西亚华裔集体自我意识的结构特征。而“祖籍记忆”正是华裔构建其族群认同的意识和文化基础。一方面,华裔可能通过和祖籍国建立更多的联系来维持和加强祖籍记忆,以达到强化族群意识的目的;另一方面,在多元文化主义的政治背景下,为立足当地生存和发展,将祖籍国“对象化”也成为其策略。     

Distributive justice and willingness to pay for municipality child care

With the aim of investigating factors affecting willingness to pay for municipality child care, a survey was undertaken in Sweden of 1840 parents living in five municipalities of different sizes. On the basis of the greed-efficiency-fairness hypothesis (Wilke, 1991) which is supported by results from experimental social dilemma research, it was hypothesized that perceived fairness of how the quality of child care is distributed (equal, proportional to need, or proportional to payment) as well as of method of payment (collectively by taxes or proportional to use by fees) would be important determinants of willingness to pay. Results showed that perceived fairness of how quality of child care is distributed played some role but that other factors had stronger effects. Perhaps also reflecting fairness considerations, willingness to pay by fees was on average higher than willingness to pay by taxes. Predicted from previous research, willingness to pay by taxes was furthermore found to increase with income and degree of use. However, willingness to pay by taxes showed an increase rather than the predicted decrease with municipality size.     

STRICTLY LIABLE: GOVERNMENTAL USE OF THE PARENT–CHILD RELATIONSHIP AS A BASIS FOR HOLDING VICTIMS LIABLE FOR THEIR CHILD'S WITNESS TO DOMESTIC VIOLENCE

Studies estimate that between three and ten million children in the United States witness domestic violence annually. Although studies have demonstrated a co‐occurrence of domestic violence and child abuse, there is no concrete evidence to support the assumption that a child's exposure to domestic violence increases the risk to the child of abuse or neglect. Recently the New York State Court of Appeals determined that a child's witness to abuse does not suffice, in and of itself, to show that removal of the child is necessary or that removal is in the “best interests” of the child. Programs which have developed alternatives to presumptive removal understand the importance of viewing the interests of the battered parent and children as being in accord with each other rather than in opposition. Private and government sponsored programs have demonstrated some success in protecting the parent‐child relationship, ensuring the safety of both parent and child, and increasing accountability of batterers while reducing the necessity for removals. Alternative programs are less costly to the state than foster care, and emotionally less costly to the families.     

论医疗合同关系

医患法律关系是医事法规在调整医方与患方之间的关系中所形成的权利义务关系.其中医疗合同关系是一种不同于一般合同的特殊的民事法律关系.以民法的基本理论为依据,结合我国现实情况,力求通过对医疗合同的成立、性质、特征、主体、合同效力及其终止等方面的问题进行研究,阐明医患双方当事人各自所应承担的法律责任,归纳出更为公正、合理的解决医患纠纷的对策和理论依据,以服务于建设社会主义法治国家的需要.     

医疗行为过失的判定

界定医疗纠纷民事诉讼中医疗行为过失的概念,并探讨判定医疗行为过失诸多因素。是否构成医疗过失是司法部门处理医疗纠纷的重要依据,认定医疗行为过失的主要途经是通过医疗纠纷技术鉴定,当前对医疗行为过失的认定尚需进一步的完善,以适应目前对医疗过失的判定。     

论警察的社区照管紧急权——以美国法为范例的考察

警察在应对紧急情况的过程中,可以行使紧急权力。以美国法为范例,介绍了美国法院有关执法紧急权和社区照管紧急权的相关规定,考察了警察社区照管紧急权法律界定及运作原则。     

Sanctioning risky life-styles: Attitudes toward solidarity or equitable distribution of health care

Rising costs of medical care and increasing knowledge about behavior-related health risks favor the use of the equity principle in health care allocation. This paper deals with attitudes to the question of whether or not one's payments should be contingent upon the risks one takes. From an explorative analysis of arguments espoused by letter writers from a Dutch health magazine, it becomes apparent that equity plays a major role in the respondents' views of the distribution of health care facilities. Next, the role of attribution in adopting attitudes toward risky life-styles is studied on the basis of a survey using a representative sample of Dutch households. Beliefs about the individual ability to influence health have no effect on risk solidarity, whereas beliefs about the proper amount of effort to avoid health risks do have an effect.     

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.     

Back Home? Refugees' Experiences of their First Visit back to their Country of Origin

This paper argues that the first visit ‘back home’is important for refugees because it acts as a catalyst forrenewed engagements with host country and country of origin.The study shows that conditions in both countries impact ondecision-making and ultimately that integration and return cancoexist. The first re-connection with ‘home’ isdescribed as a memorable event in and of itself. Marked by anawareness of the passing of time, it provides both an end towaiting and worrying and a measure of one's progress (or lackof) in life, thus enabling participants to move on. Establishmentof safety nets in both host and home countries as a conditionfor permanent return distinguishes the predicament of theserefugees from that of other migrants. As the meeting betweenimagination and reality, the first visit contributes to there-examination of the refugee cycle, the myth of return andthe meaning of home in a context where return encompasses onediscrete experience, the visit, and subsequent events. Overall,the paper provides a link between the literature on return asimagined while in exile and accounts of the reality of post-return.     

Medicalization and social justice

Most social justice critiques of medical care focus upon the allocation of extant, but scarce, resources. In contrast to that focus, this article explores the preallocative arena of factors which shape the supply and availability of medical care. We identify four such factors: (1)medicalization — the tendency to regard as biologically caused various human problems which were in earlier eras ignored or attributed to other causes; (2)social inclusion — the bringing of economically deprived and socially marginal groups into participation in the medical care system; (3)biomedical transcendence — the elevation of biomedically derived concepts of human function into a social and personal world view; and (4)health absolutism — the ideology which holds individuals accountable for their own health and which, contrary to the thrust of the other factors, deemphasizes access and social equity for professionally provided medical care. While these forces all enhance the place of health as a social value, it is by no means certain that they will lead to a society which is more medically just. The article concludes with an appeal for critical analysis of the processes which shape both the medical care system and the broad social concern with medical care.