Dual citizenship and theories of democracy

Dual/multiple citizenship has become a widespread phenomenon in many parts of the world. This acceptance or tolerance of overlapping memberships in political communities represents an important element in the ongoing readjustment of the relationship between citizens and political communities in democratic systems. This article has two goals and parts. First, it evaluates dual citizenship from the perspective of five normative theories of democracy. Liberal and republican as well as multicultural and deliberative understandings of democracy deliver a broad spectrum of arguments in favour of dual citizenship. Only communitarians fear that dual citizenship endangers national democracies. Nevertheless, empirical evidence and national policies largely contradict these fears. The second part of the article reverses the perspective and shows that most theories of democracy do not only legitimate and facilitate the acceptance of dual citizenship – the phenomenon of multiple citizenships induces innovation in democratic theory in turn. A second look at the relationship between dual citizenship and theories of democracy reveals that dual citizenship stimulates refinements, expansions and reconceptualisations of these theories for a transnationalising world.     

Psychopathy and Violent Crime: A Prospective Study of the Influence of Socioeconomic Status and Ethnicity

The relationship between psychopathy and violence is well-established. However, few studies have examined the extent to which this relationship is influenced by sociodemographic predictors of violent criminality. In this prospective study we examine the power of psychopathy to predict criminal violence across ethnicity and levels of socioeconomic status in 199 European American and African American U.S. county jail inmates. A Psychopathy x SES x Ethnicity interaction was identified such that among European Americans psychopathy predicted recidivism at lower levels of SES but was unrelated to recidivism at higher levels of SES. The predictive power of psychopathy was relatively stable across SES among African Americans. The implications of our results for psychopathy and violence prediction are discussed.     

论法律的惯性

法律的惯性是衡量法律优劣的标准,法律的惯性对指导立法、指导修改法律以及指导法院判案具有重大意义。法律的惯性与一定的社会状态相对应,在法律的实施中,法律与社会相互作用、相互影响,当社会出现不和谐状态时,应及时修改相应的法律,法律的惯性最终会引导法律走上有序状态。     

论辩护律师在刑事诉讼中的主体地位

我国刑事诉讼法学界关于辩护律师在刑事诉讼中地位属非诉讼主体地位等观点存在明显的理论上的缺陷。辩护律师在现代刑事诉讼中具有诉讼主体地位是由辩护律师的辩护职能、控辩平衡等因素所决定的。     

我国农民专业合作社法律地位剖析

2006年10月31日我国颁布了《中华人民共和国农民专业合作社法》,明确了农民专业合作社的法律地位。但是现实生活中,我国还存在大量仅有合作之名而无合作之实的农村合作经济组织。因此,从理论层面厘清农民专业合作社与非合作社之间的界限,在法律上澄清并确定农民专业合作社的主体地位,对于促进我国农民专业合作社制度的发展及保障现行法律的正确实施具有十分重要的现实意义。     

建立我国夫妻侵权的民事救济制度的思考

夫妻间的侵权是民事侵权行为的一种,应承担相应的法律责任,随着我国经济社会不断发展,人们的思想观念在不断地转变,人们对于夫妻间的侵权越来越注重寻求法律的途径解决。文章就实践中出现的夫妻侵权问题进行了相关的分析,对建立夫妻间侵权的民事救济的必要性和可能性进行了探讨,并对夫妻间的侵权行为进行民事救济的条件和方式提出了自己的观点。     

中国与朝鲜经贸关系转型中的困境及对策

新世纪以来,中朝经贸关系保持快速发展态势。其中的重要转变是从过去以战略安全为主导的经贸关系逐步转向以市场为主导的经贸关系,这一转变预示朝鲜正处于向市场经济转型的初始阶段。而在中朝经贸关系持续发展过程中,中国和朝鲜各自存在的问题影响、甚至阻碍着双边经贸关系的进一步发展,为了超越障碍、抓住朝鲜亟须外部支持之时机,中国有必要从重新确定双边经贸关系战略地位等方面入手,积极推动中朝经贸关系深入发展。     

Deciding to Intervene: An Analysis of International and Domestic Influences on United States Interventions in Intrastate Disputes

Although the United States has been the most prolific intervener in the international system since the end of World War II, there has been little consensus among scholars regarding the motivations of U.S. interventions in domestic political disputes abroad. In addition, scholars do not agree on the relative effects of international factors and domestic factors on intervention decisions by the U.S. Previous research on the motivations of U.S. interventions has occurred within at least two distinctive “streams” of literature: (1) studies of state interventions; and (2) studies of the use of military force by the U.S. Hypotheses regarding U.S. interventions in intrastate disputes are derived from the previous literature, and the hypotheses are tested using recently-compiled data on intrastate disputes and U.S. interventions in intrastate disputes occurring between 1945 and 2002. The results suggest a combination of international factors, including geographic proximity and ideological linkage, significantly influence the decisions of the U.S. to intervene in intrastate disputes. The results also suggest international factors are generally more important than domestic factors, and the effects of both domestic factors and international factors on U.S. intervention decisions may differ depending on the specific type of intervention and the time period.     

The unexpected effect of social status on reproduction: a case study in Joseon Korea from the nineteenth to the twentieth centuries

We examine how parents have made decisions about the number of children they have, given their social status in accordance with residential location (either urban or rural areas) and time (either the pre-modern or modern periods). We use two sets of microdata – Jokbo and Jejeokbu – spanning the early nineteenth to mid-twentieth centuries in Korea. Combining the two data-sets, we use multiple imputation to fill the missing entries of some observations and apply a Poisson regression model on the augmented data. Our empirical results reveal statistically significant evidence that higher socioeconomic status is related to having more children. Additionally, our findings indicate that: (1) all else being constant, among high-status people, rural residents had more children than urban families; (2) for people born between 1800 and 1945, those born closer to the 1940s tended to have fewer children; and (3) during modernization, there was still a significant trend for high-status families to have more children.     

Incorporating immigrants as foreigners: multicultural politics in Japan

With the growth of immigrant population over the past couple of decades, a ‘multicultural’ discourse has emerged in Japan. A notable point is that immigrants are expected to be incorporated into the host society primarily as foreigners rather than as Japanese nationals with full citizenship rights. The purpose of this article is to understand this prevailing mode of immigrant incorporation and to consider the comparative implications. By examining the discursive aspects of claims-making on behalf of both old-timer and newcomer immigrants, I argue that the underlying opportunity structures have been reproduced in each phase of immigration-related development in Japan, facilitating the use of the ‘foreigner’ category in advocacy efforts. Official recognition of the category has also helped to further institutionalize it as the main target of immigrant policy. In comparative perspective, ‘incorporation as foreigners’ can be understood as a variant of the ethnic model of immigration regimes in that it tends to reinforce the dominant ethnocultural conception of Japanese nationhood.