分析实证法学研究的新视角——以纯粹法理论为样本

分析实证法学的研究无法摆脱或超越分析实证法学理论"标签"的限制。在这样的研究局势下,研究成果将永远无法自我扬弃。通过讨论纯粹法理论,揭示其所包含的不可避免的政治因素,从而启示后来的研究者:如果以此种不同以往的进路进行研究,分析实证法领域将展现出一种超越"标签"之外的多面向的研究新境界。     

How foreign policy recommendations are put together: A computational model with empirical applications

This paper presents and applies empirically a computational model of the way in which bona fide high level foreign policy recommendations by U.S. policy makers are assembled. We begin by pointing out that policy making can be seen as the connection of certain strings of words to other strings. We then discuss how these connections constitute certain types of foreign policy making phenomena as such. To theorize about such connections, one first needs to specify essential features of these phenomena, and we do so for one phenomenon: bona fide recommendations. We next turn to a discussion of the theory that links together the categories by which these features are represented. That theory explains how certain strings of words are assembled into new proximate goals, missions, and tools. The theory can be modeled computationally using the programming language Scheme, and we next present that model. We conclude by presenting a run of the model, showing the close fit between actual and generated strings.     

国际制度设计视角下的澜湄合作

为什么在湄公河流域已经存在数十个国际合作机制的情况下,还要建立澜湄合作(LMC)这一新型次区域合作机制?既有研究大多强调湄公河流域大国国际制度主导权竞争的宏观背景因素,而较少关注澜湄合作机制的新制度特征及其形成原因,即澜湄新型次区域合作机制究竟"新在何处"。与大湄公河次区域经济合作机制(GMS)等既有国际机制相比,澜湄合作机制具有两大新的制度特征:一是议题范围更加广泛,除了传统的区域经济合作议题外,还增加了区域安全合作以及水资源合作等新议题;二是集中程度更高,与之前合作机制主要由"职能部门引领"以及"借用"亚洲开发银行作为国际秘书处的做法不同,澜湄合作机制采取了"领导人引领、各部门参与"的机制运行模式,并逐步建立独立的国际秘书处。通过运用国际制度理性设计的理论模型,本文考察了在湄公河流域国际合作中上游国家与下游国家之间所面临的日益严峻的分配问题和执行问题,并以此解释了澜湄合作新制度特征的形成原因。     

The Taliban: a new proxy for Iran in Afghanistan?

Abstract

Iran has pursued a highly contradictory policy towards Afghanistan. On the one hand, it became a significant beneficiary of the overthrow of the Taliban regime by the US-led military intervention in 2001 in Afghanistan. The new Afghan government established cordial ties with Iran, allowing it to expand its political, economic and cultural influence in the country. Yet Iran has also provided significant support to the Taliban in its campaign to violently upend the political, social and economic processes in the country. This article examines the underlying domestic and regional security dynamics that contribute to this contradictory behaviour. It offers an assessment of how tensions between the United States and the Islamic Republic, as well as Tehran’s growing threat perception following the rise of the Islamic State – Khorasan in 2014, impact on Iran’s policy towards the Taliban. The paper argues that Tehran views the Taliban as an instrument to disrupt the influence of other actors in Afghanistan. The instrumentalisation of the Taliban, however, is likely to be counterproductive for Iranian security in the long run as it contributes to Afghanistan’s instability and insecurity and undermines Iran’s own long-term interests.     

Psychologists as ‘the quiet ones with the power’: understanding indeterminate sentenced prisoners’ experiences of psychological risk assessment in the United Kingdom

ABSTRACT

Prisoners serving indeterminate sentences in the United Kingdom do not know when or if they will be released from prison. Release and progression decisions are determined by the risk the ISP presents of reoffending. This makes the assessment of risk a high stakes business for ISPs. Whilst there is a large body of literature focused on prisoners’ general experiences of prison, there is an absence of specific empirical exploration of prisoners’ experiences of risk assessment. This paper aims to address this gap by reporting the results of a qualitative exploration of ISPs’ experiences of psychological risk assessment. Interviews with 10 ISPs were conducted and analysed using Grounded Theory methods. Analysis indicated that prisoners experienced the prison environment as characterised by violence, volatility and suffering. Psychological risk assessment is embedded within this emotionally and physically challenging context but also contributes to the experience of suffering. Within this context, prisoners felt stuck, powerless and out of control in relation to risk assessment, and experienced psychologists as untrustworthy yet powerful. Understanding prisoners’ experiences is the first step in resolving some of the long-reported difficulties in working relationships between psychologists and prisoners as well as making the process more procedurally just.     

Migrant Workers or Working Women? Comparing Labour Supply Policies in Post-War Europe

ABSTRACT

Why did some European countries choose migrant labour to expand their labour force in the decades that followed World War II, while others opted for measures to expand female employment via welfare expansion? The paper argues that gender norms and the political strength of the left were important structuring factors in these choices. Female employment required a substantial expansion of state intervention (e.g. childcare; paid maternity leave). Meanwhile, migrant recruitment required minimal public investments, at least in the short term, and preserved traditional gender roles. Using the contrasting cases of Sweden and Switzerland, the article argues that the combination of a weak left (labour unions and social democratic parties) and conservative gender norms fostered the massive expansion of foreign labour and a late development of female labour force participation in Switzerland. In contrast, more progressive gender norms and a strong labour movement put an early end to guest worker programmes in Sweden, and paved the way for policies to promote female labour force participation.     

Social Policy by Other Means: Theorizing Unconventional Forms of Welfare Production

Abstract

The goal of this special issue is to highlight the importance of unconventional social policies, theorize their development in comparison with traditional welfare state accounts and outline a new research agenda. In this introduction to the special issue, the editors present the concept of social policy by other means as encompassing two kinds of unconventional social policy (from the point of view of mainstream comparative research): First, functional equivalents to formal systems of social protection and, second, non-state provision of benefits. The concept builds upon a sizeable, but fragmented literature in comparative welfare state research. While numerous examples demonstrate that social policy by other means is more pervasive in both OECD and non-OECD countries than often acknowledged, a brief survey of the top 20 articles in the field reveals that this fact is not sufficiently reflected in the academic literature. With reference to both existing studies and the contributions to this special issue, the editors go on to explore (1) the different forms of social policy by other means, (2) explanatory theories and (3) their effectiveness in terms of social outcomes. They close by outlining a research agenda.     

The Monitoring Capacity of Civil Society Networks: A Social Network Analysis in the Case of Gender Equality Policy

The role of civil society organizations (CSOs) as a watchdog in the implementation process is widely acknowledged. However, little is known about what determines their capacity to monitor EU policy implementation and how it differs across member states. This article accounts for social capital as well as human and financial capital to determine the monitoring capacity of CSOs. To capture sources of social capital, a network analysis is applied in a comparative case article on the monitoring networks of national platforms of the European Women’s Lobby across eight EU member states. The analysis reveals that CSOs in western member states are rich in human, financial and social capital, while CSOs in CEE member states compensate for this lack of resources by linking up with the Commission.     

中国特色社会主义理论向实践转化的评估体系的构建

构建中国特色社会主义理论向实践转化的评估体系,是有针对性地推进马克思主义中国化时代化大众化的现实需要,也是保证和提升马克思主义中国化时代化大众化的实践路径与制度创新研究的客观需要。     

法的现代性：一个虚构的理论神话

在当代中国，法的现代性理论虽然已成为一个引入注目的学术板块，但是，有两个方面的问题需要再审视。一方面，从现代性本身来看，它其实是一个虚构、虚拟的概念，而且已经异化成为一个符号化的图腾。另一方面，从现代性与中国法律、中国法治的关系来看，在历史上，法律移植虽然持续不断，但百年中国的法律移植与现代性无关；20世纪80年代以来，现代性虽然有力地塑造了中国的法学理论，但它对当代中国法治实践的塑造能力相当微弱，真实生活中的法律与法治只能按照实践本身的逻辑来演进，现代性不足以牵引中国法治实践的方向。这两个方面表明，虽然现代性这个词的价值与意义不容全部抹杀，法的现代性理论依然只是一个虚构的理论神话。