刑法中客观主义与主观主义之争的初步考察

与学派之争无关的主客观争议,有必要从刑法中客观主义与主观主义之争中予以剥离。刑法中客观主义与主观主义之争,其意义可分为两个维度。第一维度的客观主义与主观主义之争涉及刑罚对象的争论,即刑罚的对象究竟是对法益的侵害还是行为人的人身危险性;第二维度的客观主义与主观主义之争乃是在不法论意义上而言,即不法的成立是根据行为的客观面或是行为人的主观意思进行判断。客观主义与主观主义之争在我国刑法学中尚未真正展开,双方的论争缺乏针对性,且在概念的指涉与运用上充满混乱。就我国刑法的立场问题而言,有必要根据客观主义与主观主义之争的不同维度进行立场选择。在第一维度的客观主义与主观主义之争中,应采客观主义;在第二维度的客观主义与主观主义之争中,应采受客观主义严格约束的主观论,即一种以法益侵害为基础的二元的行为无价值论。     

高职院校学报应走与科研"整合"之路

高职院校学报内容质量偏低、特色不明显和“两个效益”不高的问题亟待研究解决。其产生的原因主要是由高职院校的科研及科研工作处于劣势地位而造成的。如何摆脱这一困境,走与科研“整合”之路,将会使一大批“小”、“弱”学刊脱颖而出,从而在真正意义上促进我国学刊的整体繁荣。     

Policy dynamics and the evolution of state charter school laws

Baumgartner and Jones (1993) showed how radically new policies emerge on government agendas as a consequence of exogenous shocks to policy subsystems displacing privileged interests. But how do these policies evolve post-punctuation? In this paper, we present three different models of policy change. Policies may revert to the old status quo if displaced interests re-assert themselves, or they may be “locked-in” by new interests now reaping the benefits. Alternatively, they may incrementally change as lawmakers “learn” how to better meet target population needs, particularly by witnessing how other jurisdictions address similar problems. We test these models with data on change in state charter schools laws over time. We find that whether old status quos are overthrow, and the fate of charter policies when they are enacted, is influenced more by competing political interests, especially interest groups, than elite and public perceptions of broad systemic crises. Yet, we also find that changing demands on the state and learning from the successes and failures of neighboring states also play significant roles.     

Walking Away From The Wire: Housing Mobility and Neighborhood Opportunity in Baltimore

Families using the Housing Choice Voucher Program rarely experience large gains in neighborhood or school quality when compared with unassisted poor renters. Research on housing mobility programs has reached mixed conclusions about whether vouchers can improve neighborhood and school quality, especially in the long term. We revisit these findings using new data from the partial remedy to the Thompson v. HUD desegregation case in Baltimore, known as the Baltimore Housing Mobility Program (BHMP). Through targeted vouchers, intensive counseling and innovative policy features, the BHMP helped families move to low-poverty, nonsegregated neighborhoods with higher performing school districts. We examine residential outcomes for the first 1,800 families that moved through the program for a period of up to 9 years. We find that BHMP families moved to more integrated and affluent neighborhoods, in school districts with more qualified teachers and fewer poor students—and most families stayed in these neighborhoods beyond their initial lease-up period. Eventually, a small proportion of families moved to neighborhoods that are less white, but still significantly less poor and less segregated than their original communities. We interpret these findings in light of past mobility programs and discuss policy implications for the Housing Choice Voucher Program.     

Culture as Values or Culture in Action? Street Codes and Student Violent Offending

ABSTRACT

The authors draw on two competing cultural perspectives—culture as values and culture in action—to examine the relationship between street codes and the propensity to violently victimize others. Specifically, they explore whether individual-level and school-level street codes, net of one another, are related to 3 types of violence: assault, robbery, and sexual battery. In addition, they consider whether these effects vary according to 3 contextual characteristics: (a) the location of the offending—in school versus out of school, (b) school-level economic disadvantage, and (c) school efficacy. Three-level ordinal logistic regression models are estimated using four waves of survey data from over 3,000 students nested within 103 schools. Results provide evidence that individual-level street codes are related to violent offending in a manner that is, largely speaking, not tied to context. However, there is some evidence that the effects of school-level street codes on offending differ between outside of school and in school settings and are conditioned by levels of school disadvantage and efficacy. Overall, some support is offered for both the culture-as-values and culture-in-action perspectives.     

Multiculturalism and trust in Japan: educational policies and schooling practices

Abstract

Japan's foreign population is growing, and policy-makers need to address the manifold challenges of an emerging multicultural society. Most importantly, this concerns the task to prevent societal frictions from occurring. This article puts Japan's preparedness to face the challenge of trust-building between members of different ethnic groups to test. The realm of educational policies and schooling practices will stand at the center of interest. It will be argued that the Japanese approach of an integration policy, with its strong focus on the concept of multiculturalism on a national level of policy-making, falls short of creating opportunities for trust-learning among the members of the societal majority and various minority groups. On a subnational level, however, e.g. in Kanagawa Prefecture, some best-practice examples of trust-learning across ethnic boundaries can nevertheless be identified, and may serve as starting points for future policy reforms.     

Local Government and Local Governance: 1944–2011

Abstract

Since the establishment of the tri-partite system of state education after the Second World War, the once simple relationships between central government and local government and the individual school have become increasingly complex. This article considers the key governance issues for schools and colleges in England and how they have been affected by the redistribution of power between central government and local government. The principal foci are the main legislative changes and the impact they have had on the respective powers and responsibilities of central government, local government and schools and colleges. The radical developments since the formation of the coalition government in May 2010 have accelerated the shift of power to central government from local government and by the end of the first term of the coalition the local authority will have little more than a vestigial role in the provision of secondary education and a diminishing role in primary and special education. As academy status becomes the norm (as it already is for secondary schools in some authorities) central government will be dealing directly with autonomous schools and academy chains. With more schools directly employing staff and with funding levels set nationally, the pattern and nature of public education will have been irrevocably changed.     

Miao Drum Dance Shi Shunmin: The Beat Goes on

正Shi Shunmin,born in 1949 in Jishou,capital of Xiangxi Tujia and Miao Autonomous Prefecture,is a leading exponent of the Miao drum dance.She has perfected the art of this special dance,based on interpretations of natural movements in daily life and work combined with traditional choreography,resulting     

Relections on Shanghai Students 2012 PISA Triumph

正JUNIOR high school students from Shanghai won first place among64 countries and regions at the PISA 2012,or the Program for International Student Assessment.The PISA investigates students’scholastic performance in mathematics,reading and science.In the 2012 assessment,Shanghai students topped the charts in all three categories.The organizer,the Paris-headquartered OECD(Organization for Economic Cooperation and De-     

Extending Care for Disabled Children

正SPECIAL education gives meaning to the lives of children with disabilities whose conditions are beyond help from medical science.Physically or mentally deprived as they are,children with special needs,unlike their able-bodied peers who can study and progress unaided,depend on special education to survive and make the most of their faculties.Of the conditions that render a person disabled,even that