Large‐scale solidarity? Effects of welfare state institutions on the admission of forced migrants

The variation among countries when it comes to the admittance of forced migrants – refugees and asylum seekers – is substantial. This article explains part of this variation by developing and testing an institutional explanation to the admission of forced migrants; more precisely, it investigates the impact of domestic welfare state institutions on admission. Building on comparative welfare state research, it is hypothesised that comprehensive welfare state institutions will have a positive effect on the admission of forced migrants to a country. There are three features of comprehensive welfare state institutions that could steer policies towards forced migrants in a more open direction. First, these institutions have been shown to impact on the boundaries of social solidarity. Second, they enhance generalised trust. And third, they can impact on the citizens’ view of what the state should and can do in terms of protecting individuals. The argument is tested using a broad comparative dataset of patterns of forced migration, covering 17 OECD countries between 1980 and 2003. This analysis shows that comprehensive welfare state institutions have a significant positive effect on the admission of forced migrants, under control for a number of factors often highlighted in migration research.     

检察机关参与公益诉讼的法律问题研究

检察机关提起公益诉讼已成为多数国家的司法惯例.根据我国检察机关参与公益诉讼的现状和主要问题,并借鉴国外检察机关介入案件的立法及司法实践经验,建议从理论上对检察机关提起公益诉讼的形式和范围进行严格限制,正确处理检察权、审判权和行政权之间平衡与制约的关系,针对公益诉讼案件的不同性质,动态调整检察权的参与程度.     

中国福利彩票产生基础与发展动因分析

中国福利彩票是我国经济和社会发展到一定阶段的产物，它的产生不仅具有充分的经济基础，而且具有深厚的社会伦理道德和广泛的社会心理基础。中国福利彩票之所以能蓬勃发展，并具有广阔的发展前景，是因为有我国政府的大力支持和经济的持续快速增长作支撑。     

FAMILY/CHILD JUDICIAL DISPUTE RESOLUTION (JDR)

This article outlines the Pilot Project in Pre-trial Judicial Settlement Conferencing in Family and Child Welfare/Protection Matters, which was designed and implemented by the authors, The Honourable Judge Nancy A. Flatters of the Provincial Court of Alberta, Family and Youth Court, at Calgary. The article also outlines the basis, rationale, and development underlying this emerging nontraditional judicial approach to the resolution of these disputes and the resulting settlement outcomes.     

The Big End of Town Meets the Local Council: The Investment Habitus of Four Sets of Australian Councils during the GFC

The Global Financial Crisis of 2008 led to a substantial write‐down in the value of investments such as collateralised debt obligations (CDOs) with one class of investors being NSW Local councils.  This article analyses interviews with four different investor types (or sets) of local councils, each of which took a substantially different approach to CDO investment. This categorisation into sets was based on interviews of 28 individuals working within 14 local councils as well as commentaries on legal cases involving a class action of local councils suing Lehman Brothers Australia as well as Grange Securities over losses in their investments. This article adopts Bourdieu's Theory of Practice to describe and explain behaviour regarding decisions to invest (or not) in CDOs. Interesting themes arise regarding differing views on the appropriate role of local councils, and on the degree and form of ‘capital’ (which includes knowledge, competencies, skills, and economic resources) that a council should have before investing in sophisticated financial products. This article explores the role that field, habitus, and capital played in moderating and influencing council investment making decisions. The analysis shows that these Bourdieuian concepts can be utilised to help explain individual behaviour. This case study shows that excessive capital left in the hands of individuals may result in suboptimal decision making. Local councils may need to consider ways of implementing policies and procedures that can be used to moderate individual action.     

Nonsectarian welfare statements

How can we measure whether national institutions in general, and regulatory institutions in particular, are dysfunctional? A central question is whether they are helping a nation's citizens to live good lives. A full answer to that question would require a great deal of philosophical work, but it should be possible to achieve an incompletely theorized agreement on a kind of nonsectarian welfarism, emphasizing the importance of five variables: subjective well‐being, longevity, health, educational attainment, and per capita income. In principle, it would be valuable to identify the effects of new initiatives (including regulations) on all of these variables. In practice, it is not feasible to do so; assessments of subjective well‐being present particular challenges. In their ideal form, Regulatory Impact Statements should be seen as Nonsectarian Welfare Statements, seeking to identify the consequences of regulatory initiatives for various components of welfare. So understood, they provide reasonable measures of regulatory success or failure, and, hence, a plausible test of dysfunction. There is a pressing need for improved evaluations, including both randomized controlled trials and ex post assessments.     

The “thinning” blueline: a Bourdieuian appreciation of police subculture

The notion of a recalcitrant “police subculture” is pervasive in the literature on policing, often invoked to explain many of the ills linked to police misconduct and corruption. This article argues that the failure of reform efforts is the result of interventionist strategies which had sought to change police subculture “head-on” without a corresponding change in the structural conditions in which the policing role is so located, and that these efforts, theoretically, have been informed by a conceptualisation of police subculture as homogenous, monolithic, and static. Using the Bourdieuian concepts of the “habitus” and “field”, the view of a “recalcitrant” subculture will be challenged in this article. Using the Singaporean experience as a case in point, it will be shown how changes in the field of policing can bring about changes, intended or otherwise, in the occupational habitus of the police: refashioning the informal repository of knowledge guiding police work.     

Picking battles: Correctional officers,rules, and discretion in prison

To outsiders, prisons vacillate between visions of regimented order and anarchic disorder. The place of rules in prison sits at the fulcrum between these two visions of regulation. Based on 131 qualitative interviews with correctional officers across four different prisons in western Canada, we examine how correctional officers understand and exercise discretion in prison. Our findings highlight how an officer's habitus shapes individual instances of discretionary decision‐making. We show how officers modify how they exercise discretion in light of their views on how incarcerated people, fellow officers, and supervisors will interpret their decisions. Although existing research often sees a correlation between “rule‐following” by incarcerated individuals and official statistics on such misdeeds, our data highlight that official statistics on rule violations do not easily represent the rate or frequency of such misbehavior. Instead, these numbers are highly discretionary organizational accomplishments. Our findings advance an appreciation for correctional officer discretion by focusing on the range of factors officers might contemplate in forward‐looking decisions about applying a rule and how they rationalize the nonenforcement of rules.     

Changing Attitudes about the Weak: Social and Legal Conditions for Animal Protection in China

ABSTRACT

The foundation of current legal protection for animals in China is based on the principle of “rational utilization.” This utilitarian attitude supports the exploitation of animals through the legal means of resource management. However, through a process of public education and the construction of recent legislation, attitudes toward animals are rapidly changing in China. After the introduction of the concept of animal welfare in China in 1989, preliminary socioeconomic events such as early laboratory animal science, animal cruelty reports, pet ownership, engagement in international trade, and the severe acute respiratory syndrom (SARS) epidemic helped spur a trend away from a purely utilitarian attitude toward more positive associations with animals among members of the Chinese public. This phenomenon will be analyzed through the actions of non-governmental organizations, the media, academia, and international business to influence education and the development of legislation to promote animal protection practices. In addition, recent events will be used to illustrate political realities in China that impede the full promotion of animal welfare protection.     

Support seeking,system avoidance,and citizenship: Social safety net usage after incarceration

Scholars have long described the American penal state and welfare state as joined by a common logic of social marginalization. But researchers have only recently begun to explore how the individuals who pass through the carceral system also interact with welfare state programs. Using data from the National Longitudinal Survey of Youth 1979, in this article, I explore how formerly incarcerated individuals make claims on the welfare state and how participation varies across social programs and states, as well as by race, drawing on theories of social welfare rights-claiming and system avoidance. In so doing, I provide the first nationwide estimates of the extent to which previously incarcerated adults use social safety net resources. I find that participation in welfare programs varies with incarceration history, program structure, and race. Rather than finding patterns consistent with system avoidance, I find that previously incarcerated White Americans seem to engage in active rights claiming, participating in public assistance programs more than similarly eligible never-incarcerated counterparts. All formerly incarcerated individuals, however, have limited access to more generous social insurance programs, and the shift to an increasingly employment-based social safety net seems likely to further limit access to the welfare state for the growing population of Americans leaving prison.