劳动合同论略

劳动合同为劳动法中一个非常重要的内容,它以其自身的特殊性而区别于其它种类合同,因此,专门的劳动合同法创制工作应该提上议事日程.文章沿概念逻辑顺序,对劳动合同的概念,特征进行分析,并提出劳动合同立法建议.     

股票交易的法律透视

股票交易具有自身的法律属性,其属性通过股票发行的法律属性和股票再次交易的法律属性具体展示.探讨股票交易最基本主体间的法律关系,有利于对股票交易性质、运作的整体把握.     

论承包土地稳定与流动的关系

当前许多地方对承包土地有一个片面的理解 ,认为承包土地稳定 ,就是不能动 ,动了就会违背国家的政策 ,其实这是对国家政策的一种误解 ,承包土地应在流动中稳定 ,在稳定的基础上流动。目前 ,应规范、完善和稳定农民的承包权 ,在稳定承包权的基础上 ,推进土地有序流动     

Rereading the Public: Isolationism and Internationalism Revisited

This is the first installment in what we hope will be a recurring series of Forums in ISP. In each segment we intend to provide an outlet for peer-reviewed dialogue and debate on important topics in the field and to allow our readers to discuss material previously printed in the pages of ISP. Below are two comments on "Challenging U.S. Policymakers' Image of an Isolationist Public" by Steven Kull and Clay Ramsay published in ISP 1:1. Both comments raise a number of important issues pertaining to the relationship of public opinion and foreign policy, and also address more general questions of domestic impact on foreign policy outputs and several significant methodological questions about approaches to polling. The Forum begins first with comments by Richard Clark and Kenneth Dautrich, is followed by comments from Shoon Murray, and concludes with a response from Kull and Ramsay.     

All the labor problems fit to print: the New York Times and the cultural production of the U.S ‘labor problem’, 1870–1932

The period that spanned the Gilded Age to the onset of the Great Depression saw the rise and relative decline of the US labor movement. The salient events of labor movements over these years undoubtedly shaped public perception about labor issues, and some scholars have been attempting to unpack the mechanisms through which depictions and characterizations of the ‘labor problem’ were produced in authoritative venues that could have shaped the future of the movement. This study goes beyond the standard practice of explaining news report volume to feature the political valance of the reports on the labor problem over a 63-year time period. The aforementioned period also saw significant changes in news reporting practices, with the rise of objective informational writing and the embrace of journalism as a profession. The change within journalism itself could potentially shape the depiction of the labor problem, yet such change has been overlooked by existing literature pertaining to the topic. This research makes a theoretical case for integrating social processes central to the labor movement and journalism from 1870 to 1932 and explains patterns in the cultural production of the labor problem in the New York Times by analyzing these two tracks of history in conjunction using both qualitative and quantitative data.     

Swampwalls: dark matter and the lumpen army of art

Dominant notions of contemporary art are being overturned not by some radical avant-garde theory or movement, but instead by an “uprising” from within the confines of the “art factory,” as well as by newly embodied instances of informal everyday creativity that high culture has long overlooked. Theorists Negt and Kluge might have described this insurrection as the partial unblocking of a counter-public or proletarian sphere: a realm of fragmented identities and working class fantasy generated in response to the alienating conditions of capitalism. A more specific cultural interpretation suggests this mutiny from within and assault from below is the irrepressible brightening of “creative dark matter:” that marginalized and systematically underdeveloped aggregate of creative productivity, which nonetheless reproduces the material and symbolic economy of high culture. The results are explosive, or at least potentially so as this long, pent-up shadow archive spills out into the once forbidden dwelling place of mainstream law and order and high cultural privilege. Meanwhile, a new wave of socially engaged art is thriving on the margins of the art world. Like an enormous production warehouse this “post-public” creativity is developing sustainable farming, reenacting historical labor demonstrations, providing public services lost to decades of deregulatory economic policy, and initiating local bartering systems and environmental cleanups. Its vitality is something Joseph Beuys could have only dream about. And not surprisingly even this “autonomous” and “Interventionist” art is selectively becoming part of the mainstream culture industry through what Gilles Deleuze describes as an “apparatus of capture.” Nevertheless, one result of this new confrontation reveals this vibrant imaginary “from below” is pushing artistic production, pushing also discourse, pedagogy and cultural institutions into radically re-thinking definitions and possibilities not only involving the possibilities of contemporary avant-garde art practices, but also about the very nature of creativity, democracy, and political agency more broadly.     

Attention under repair: asceticism from self-care to care of the self

This essay examines the contemporary mindfulness movement as a cultural response to a larger problem of attention in the United States. As raw material for both capital (re)production and subjectivity, attention is a zone of indeterminacy and struggle for workers in a so-called immaterial economy. This essay suggests that the rise of concern around “paying attention” from the 1950s onward is driven by post-Fordist labor requirements more than networked technologies. First, it examines mindfulness as a technique of attention management for businesses and gives a broad survey of its current popularity and prevalence in US culture. Second, it proposes viewing techniques of attention like mindfulness through a triple lens of repair: (1) as managerial tools to repair psychic labor capacity for capital; (2) as practices that subjects use to repair alienation; and (3) as sites for reparative reading. Third, the essay illuminates the ties between Eve Sedgwick’s repair and Michel Foucault’s care of the self in order to suggest that resistance to practicing the self is founded on a paranoid defense. Its central argument is that attention is a method in Foucault's care of the self, and, as such, a potential portal into pleasure and political change rather than a mere feedback loop into capital.     

Male workers in the female-dominated long-term care sector: evidence from England

Labor market changes, including growing opportunities to work in the long-term care (LTC) sector, may attract more men to this traditionally female-dominated occupation. Analyzing an English national workforce data-set we investigate whether men are remaining within traditional masculine jobs or crossing traditional boundaries into more emotional, and personal care work. We examine organization, local area effect, and service provision on the probability of attracting more men to the workforce. The analysis utilizes multivariate statistics and mixed-effect models. The findings highlight both horizontal and vertical segregation in the types of jobs undertaken by men in the LTC sector. A research agenda is identified.     

经济转型升级中的和谐劳动关系构建 一基于准安市劳动关系状况调查的分析

通过准安市劳动关系状况的调查,发现其劳动关系领域存在的就业质量不高、劳动者素质有待提高、集 体劳动关系尚不成熟等问题,成为影响经济可持续发展的重要因素。为此,有必要从提高劳动者素质、推动高质量就 业、规范企业用工行为、加强工会组织建设以及完善劳动关系矛盾调处机制等方面构建和谐劳动关系,从而推动产业 结构调整,促进经济转型升级。     

我国体育教师劳动权利与法律救济研究

长期以来,我国体育教师劳动权利立法与保障机制缺乏,加剧了体育教师劳动维权抗辩的难度。因此如何在我国体育教师劳动立法层次结构的基础上,保护体育教师劳动权利及目前立法缺陷,提出体育教师劳动权利的法律救济,对完善我国体育教师劳动立法和保障机制有着重要的现实意义。