培根“四假相”说的诠释学意蕴

“假相说”是培根哲学体系中最重要、最有影响的学说之一.该学说的重要理论价值关键不在于它包含有对经院哲学的批判,而在于它从认识主体即解释者的角度探讨了认识或解释自然过程中产生谬误的原因,在于它通过对阻碍“自然的解释”种种因素的精彩分析深刻阐述了偏见与理解、解释之间的关系,从而以特有的方式揭示了“理解的历史性”等问题.内涵于培根“假相说”中的诠释学思想,深刻地影响了近代以来诠释学的产生与发展.     

论行政法关系的设定权

行政法关系的设定权与立法机关表达国家意志的权力是同一范畴的东西。行政法关系的设定权是能够由设定主体直接确定相关权利与义务的权力。这种权力与行政主体的一般行政管理权存在较大差别,其在我国行政法治中具有非常重要的地位。行政法关系设定权有相应的制度构设,用法律手段对这一权力加以调整。在设定权的法律调控价值上,应选择限权式价值;在设定权的法律形式上,最好能够通过一部法典将行政法关系的设定权予以规定;在设定权的主体权限上,必须以实体权限的规定为核心,形式要件以实体要件为转移;在设定权的程序规则上,必须有程序上的保障机制。     

国内外有关南海断续线法律地位的研究述评

近年来,国内外学者有关南海断续线法律地位的研究,大抵集中在“历史性水域”、“历史性权利”、“海上疆域线”和“岛屿归属线”4个方面。本文通过对这4个方面的研究进行评述,认为无论从断续线产生时的历史背景,或者从目前中国政府发布的有关声明来看,把断续线的法律地位定为“岛屿归属线”还是比较符合实际,可以认可的。     

Electoral entry and success of ethnic minority parties in central and eastern Europe: A hierarchical selection model

The paper examines determinants of electoral entry and success of ethnic minority parties in central and eastern Europe. The application of a hierarchical selection model shows that the strategic entry of minority parties depends on their expected electoral success due both to observed and unobserved factors. Drawing on formal models of electoral entry, the electoral success of new (or niche) parties is expected to be influenced by the costs of entry (determined by electoral thresholds) and the potential for electoral support. The latter depends on the reactions of political competitors and electoral demand, measured here as the size of ethnic groups and the saliency of ethnic issues. In line with these expectations, parties only run if they can expect electoral support sufficient to pass the electoral threshold. This finding would have been overlooked by a naïve model of electoral success which does not take self-selection into account.     

Attribution in Company Law

In Bilta (UK) Ltd (in liquidation) v Nazir (No 2), the Court of Appeal held that the ex turpi causa defence was inapplicable by refusing to attribute the fraud of the directors and the sole shareholder to the company in connection with the company's claim against them and third party co‐conspirators. It is significant that the court has not only clarified the law in relation to attribution, but it did so by rejecting the majority's reasoning and endorsing the dissenting judgment in the House of Lords decision in Stone & Rolls (in liquidation) v Moore Stephens (a firm). This article evaluates the decision in Bilta by critically examining the fundamental principles and policies that apply to the three distinct circumstances under which corporate attribution should or should not take place.     

“台湾人”群体对中国大陆的刻板印象

当代台湾已经形成"台湾人群体",而视大陆人为"他群",他们对大陆的刻板印象多是负面的,从而形成偏见与歧视,对两岸关系造成严重的伤害。这是在两岸关系和平发展进程中,必须关注的一个问题。本文探讨"台湾人群体"对大陆的刻板印象的具体表现及其危害,并且针对现阶段两岸交流的情况,分析其对减少刻板印象的作用与局限,认为通过两岸群际沟通减少刻板印象,进而减少偏见与歧视需要经过相当长的过程,至于增强两岸认同,形成"两岸共同体"更需要走很长的路。     

Estimation of arrest careers using hierarchical stochastic models

This paper introduces a general procedure using hierarchical stochastic models for characterizing criminal careers within a population of heterogeneous offenders. Individuals engage in criminal careers which are treated as stochastic processes governed by fixed parameters (e.g., a rate parameter), and these parameters come from specified distributions. The parameters of these distributions at the upper level of the hierarchy must then be specified. The models are estimated using data on all persons arrested at least once in the six-county Detroit Standard Metropolitan Statistical Area during the 4 years 1974–1977 for a criterion offense (an index crime other than larceny) and arrested at least once for robbery through April 1979. The collected data set is not a random sample of all such offenders in the population. There is a bias toward selecting those with a higher arrest frequency. In order to make more general inferences, statistical adjustment was needed to overcome the arrest-frequency sampling bias. We construct a series of models for the arrest career and fit the models with the data set of arrests. After correcting biases in the data, we estimate the model parameters using empirical Bayes methods and then examine the resulting models.     

Distributive and procedural justice in interpersonal and intergroup situations: Issues,solutions, and extensions

This paper addresses theoretical issues relating to distributive and procedural justice. Specifically, comparisons are made between interpersonal and intergroup situations. Within the realm of distributive justice, two reinterpretations of the ingroup allocation bias are offered. One reinterpretation states that people show this bias to prevent being exploited by the outgroup. The other reinterpretation states that the bias can be regarded as a measure of the perceived worth of the ingroup in relation to the outgroup. The related issue of the procedure used for allocating resources is addressed by extending Tyler and Lind's (1992) Relational Model of Authority to all ingroup members in both interpersonal and intergroup situations. Reinterpretations and extensions offered in this paper lead to new theoretical insights and to several suggestions and predictions for future empirical research.     

计算机犯罪中的电子证据研究

随着计算机技术的推广运用 ,计算机犯罪不断发展变化。证实计算机犯罪最主要的证据是电子证据。电子证据具有技术性、易变性、隐蔽性和虚拟性的特点 ,属于书证。直接言词规则、最佳证据规则及我国现行法律规定并不影响电子证据的证据价值。电子证据要通过客观性、相关性和合法性的查证。     

Distinguishing between the effects of swing ratio and bias on outcomes in the US Electoral College, 1900–1992

We review a number of different statistical techniques for creating seats-votes curves and apply the most reliable of these to estimate seats-votes relationships in the US electoral college 1900–1992. We consider the now rejected claim, once firmly established as part of the common journalistic and even academic wisdom, that the US Electoral College has recently been strongly biased in favor of Republicans, and show that this claim was based largely on a confusion between bias (asymmetry in the electoral college gains earned by the votes received by different parties or candidates) and swing ratio (responsiveness of change in electoral college seat share to change in popular vote). Although there has been substantial bias during this century in the way the electoral college translates Democratic and Republican votes into electoral college seats, and for the earlier party of this century (from 1900 to 1940) that bias has been in favor of Republicans, to explain why many recent electoral college majorities have been so lopsided we must look not at bias but at swing ratio.We show that the swing ratio in the electoral college has generally been increasing since 1900, rising from an average value (1900–1924) around three to an average value (1976–1992) ranging from about five to about eight, depending upon which of the various statistical estimation techniques we use. Thus, for every one point vote share gain above 50 per cent, a winning presidential candidate in a two-candidate competition can now expect to pick up somewhere between a 5 percentage point and an 8 percentage point increase in electoral college seats—giving the illusion of mandate even for relatively close contests and frequently creating apparent landslides. We show that this historical rise in swing ratio in presidential elections is due almost entirely to changes in the responsiveness of outcomes in the US South as the influence of the Civil War slowly (very slowly) erodes. Drawing on the analysis of the determinants of bias and of swing ratio in the House of Representatives in Brady and Grofman (1991b), we show that the increases in electoral college swing can be accounted for by the nationalization of presidential competition as signaled by the decrease over time in the standard deviation of Democratic share of the two-party vote across states, and that changes in bias can be linked to changes in the magnitude of differences between the mean and the median of that distribution.