论纯粹经济上损失的规范模式——我国侵权行为法对纯粹经济上损失的规范样式

对社会财富的等级观念使纯粹经济上损失被独立为一个问题,但具有独特规范价值的纯粹经济上损失应当限于直接引致的纯粹经济上损失。对纯粹经济上损失的保护,牵涉到侵权法与合同法的规范机能,尤其受制于特定的侵权行为规范模式。借鉴两大法系的经验,我国民法对纯粹经济上损失的保护,应采取严格限制的立法与司法策略。     

Negative Classifications and the Symbolic Order of Social Inequality: Evidence from East Asia

ABSTRACT

This article explains a cultural sociological approach to research on social inequality. “Cultural sociological” means that we do not regard social inequality as resulting only from a distributive order of goods, income and positions, but also from an evaluative order created and reproduced by the actions of social groups. Concerning the topic of this thematic issue, this means that, from a sociological perspective, we see “weakness” not only as the social vulnerability of actors and groups resulting from a lack of material resources, education and power, but also as an attribution and assessment which can have a variety of social consequences. “Weakness” can compel others to help the weak and defend their interests. But if the weak are to be protected and empowered, they must be identified as “weak” in the first place, and this act of identification can have paradoxical consequences. As we demonstrate with evidence from East Asia, the social designation as “weak” can have many adverse effects for the weak groups themselves, because it blames them for their own weaknesses and publicly condemns, disparages, or stigmatizes them. Based on an analysis of the situation of victims of the Fukushima disaster in Japan and of rural migrants and their offspring living in Chinese metropoles, we show how social designations of weakness can produce negative classifications that signal disrespect to weak actors and limit their opportunities for action.     

The Quality of Life from a Child's Perspective

Abstract

During the last decade, both in politics and research methodology there has been an increased interest in listening to children's experiences and viewpoints, as separate and different from their adult carers. In the line with these interests, this article discusses how the quality of life, from a child's perspective, can be sociologically framed, and the relevance this has for people in the social work field. The article begins by clarifying the meaning of talking about quality of life from a child's perspective by reference to the concept of generational order. Next, some methodological experiences and empirical findings regarding quality of life from a child's perspective are briefly reported. This is partly because these experiences and findings by themselves are regarded as relevant for administrative practices and social work regarding children, and partly because they support and have been a source of shaping the sociological frame. Then, on the basis of these experiences and findings, and by adopting a relational social constructionist approach, the quality of life from a child's perspective is framed sociologically. Finally, based on the findings and framing of children's quality of life from a child's perspective some recommendations for social work regarding children are suggested.     

Teaching restorative justice to education and criminal justice majors

In academia, departments in Education and Sociology/Criminal Justice are in different colleges, but professionals in these fields frequently interact, such as probation officers working in schools and teachers working in prisons. This paper describes a course that addressed a commonality of the two by focusing on Restorative Justice. The content of the course was multi-disciplinary and co-taught by two professors from these different disciplines, and students were from a wide range of majors. Not only did the course content focus on Restorative Justice, this perspective guided how the course was taught. All classes were conducted within a Circle, students participated in the creation of the syllabus, students contracted for grades, and students organized many of the discussions. Emphasis was on critical analysis of Restorative Justice practices and theories. Quantitative and qualitative evaluations were provided as well as reflections by the teachers.     

The big,bad wolf and the rational market: portfolio insurance,the 1987 crash and the performativity of economics

This article distinguishes two meanings of the performativity of economics, a thesis advanced by Michel Callon: ‘generic’ performativity, according to which markets and other economic relations are not to be taken as given, but as performed by economic practices; and ‘Austinian’ performativity, in which economics brings into being the relationships it describes. The two versions of performativity are explored by means of an examination of the history of portfolio insurance (a financial-market technique based on the economics of option pricing), of the 1987 stock market crash, and of subsequent efforts to diagnose the causes of the crash and to redesign the market to avoid future catastrophe. The article emphasizes the extent to which the financial markets of high modernity are designed entities, and argues that the question of their design is always a political question, even if it is seldom recognized as such.     

The origins and dynamics of genocide

Abstract

Two of Michael Mann's recent books continue his exploration of the sources of social power and then extend it into the study of ethnic cleansing, a phenomenon which Mann wishes to see as a potential built into modern political institutions, and specifically democratic political cultures, from the start. However, this review argues that the richness of the empirical material mobilized in these books makes them more nuanced and sophisticated than Mann's own summary of them suggests.     

“Neither angels,nor demons,but humans”: anti-essentialism and its ideological moments among the Russian Zionist intelligentsia

This article shows that anti-essentialism was a pivotal ideological feature of Russian Zionism – the idiom of Zionism that lay behind Russian Zionist periodicals such as Rassvet in Late Imperial Russia. For Russian Zionists, the Jewish nation was the social field that existed as a social fact. While Russian Zionists' concept of the Jewish nation was inevitably influenced by their political context, nonetheless, it was primarily a result of the convergence of the following two ideological movements. First, there emerged a sense that a socioeconomic foundation was crucial in forming a nation. The transformation of Jewish socioeconomic positions in Eastern Europe and Russia was the background of this consciousness. The second is the ideological claim that any collective entity or social field should be respected regardless of its merit and utility vis-à-vis others. More specifically, for Russian Zionists, the Jewish raison d'être was the simple existence of their own social field; they believed that no further definition was required. The emergence of this viewpoint can be understood as a reaction to the Zionists' perception of Jewish history where Jews pursued the recognition and validation of their place among non-Jews by virtue of their merit or utility vis-à-vis non-Jews.     

Race and ethnicity: Voters’ party preference in South African elections

Abstract

Genuine, periodic, free and fair elections are one of the key defining features of a vibrant multi-party democracy. They provide a public mechanism for regular peaceful institutional competition for power and the opportunity for people to change, review or legitimise government through their freely expressed will. This article interrogates the behaviour of South African voters using a qualitative analysis of available studies covering the national and provincial elections held in 1994, 1999, 2004 and 2009, and the municipal election of 2011. One of the notable trends is that while the number of registered voters keeps increasing, voter turnout is on the decrease. There are other salient observable tends but they are not the focus of the article. For the purposes of the article the first conclusion is that among the various competing variables influencing voters’ choice of a particular political party in South African public elections, the race issue, however weak some might suggest it is, still looms large and is a dominant factor despite denials by some researchers. Second, in contrast to what obtains in many other African countries, ethnic identity happily has only a marginal influence on South African voters. This second conclusion should however not be regarded as cast in stone, given the ever-changing dynamic nature of people's identity and behaviour as well as the election campaign strategies of participating political parties and the role of the media. Given that there is a complex interrelatedness of ethnic and racial identity and interests, the electorate might well be more sophisticated than many realise.     

美国社会学毕业生的变化与就业状况

在过去的一个世纪,美国社会学专业的学生随着美国社会快速的现代化和城市化而迅速增长,也随着美国社会的剧烈波动而出现大起大落的变化。近年来,社会学者在美国的就业面广阔但竞争日益激烈。随着社会研究资助的减少和就业的困难,美国社会学专业的设置更加注重实用,专业课程设置更加注重实用性。在就业方面,21世纪社会学专业的学生必须具有全球化的视野,实用的知识与技能,以及极强的适应于快速变化的就业市场的能力。从美国社会学毕业生的变化与就业发展状况,中国社会学教育应充分吸收其优点,力避其不足。     

什么是法律现实主义——庞德、卢埃林、弗兰克之争

美国法律现实主义运动是上世纪初叶最引人瞩目的法律改革运动,其领军人物卢埃林和当时的法学鸿儒庞德之间的争论拉开了这一运动的序幕,作为庞德批判的主要对象弗兰克也加入了论战。论战的实际是关于如何适应社会发展进行法学研究的学者交流。通过论战,现实主义运动真正走到法学研究的前台,更清楚地展示了法律现实主义的真实面目,驱除法学界的曲解和误解。论战也展示了学者之间如何通过真诚的交流推动学术发展。