Citizenship as a weapon

The focus of this article is on citizenship in its juridical sense. Other theorists, especially communitarians and civic republicans, have attempted to expand the idea of citizenship to include a social/political sense; they advocate expanding citizenship beyond its juridical confines to include civic participation as one of the hallmarks of citizenship. A new stage of expansion has begun; it is represented by those who want to make citizenship more multiple and flexible, to see citizenship in a more ethical/normative sense. These expansionist approaches do not jettison the juridical sense of citizenship. In fact, they build upon it. Therefore, these conceptions of citizenship become problematic to the extent that the juridical building block becomes problematic. Thus, the first task is to problematize this juridical sense of citizenship. This article explores a different critical path than the ones typically taken. It pushes the envelope by thinking about citizenship as a weapon. While more exposés of administrative and political abuses involving citizenship claims and issues are needed, this analysis unearths deeper, more fundamental problems with the concept of citizenship. Minimally, it pushes the debate beyond how inclusive or expansive citizenship should be made. It calls for a radical reappraisal of citizenship by recognizing citizenship as a weapon.     

Against General Theory in Comparative Research

This paper argues against the search for a general theory of crime causation in comparative criminology. It includes a critique of two advocates of general theory, and offers three propositions which suggest appropriate strategies for theory construction in comparative research.     

真正身份犯中无身份共同正犯的处罚依据--兼论贪污罪的司法适用问题

身份犯中,纯正的身份犯其身份具有构成要件要素的性质,如贪污罪中的国家工作人员身份。非具有身份者不能单独构成犯罪,但刑法规定可以与有身份者构成共同正犯,但其处罚依据在学理上存在疑问。处罚非身份共同正犯的依据并不在于形式的不法与有责身份分离说（结果无价值论）,也不能从基础单薄的法律拟制说中找寻正当依据。承认真正身份犯中非身份行为人责任与具有身份的行为人责任具有连带性质,是解决此类身份犯处罚依据的可行理论途径,此解释路径也可纠正相关身份犯罪非身份共同正犯的司法适用中的错误做法。     

Contributors

Abstract

Socioeconomic data supplied by the FBI on the backgrounds of 280 known right‐ and left‐wing terrorists active in the United States during the late 1960s and early 1970s was tabulated. Isolating for right‐left affiliation, membership status, and gender, seven variables were examined and used to confirm prevailing assumptions regarding the socioeconomic status of right‐ versus left‐wing terrorists active during this period. Findings support clear socioeconomic differences between right‐wing and left‐wing terrorists and emphasize the dominant position of women within left‐wing organizations. Surprising evidence revealed that considerable class differences exist within right‐wing groups between rank‐and‐file members and the leadership core.     

自然、契约与人性——古希腊智者与近代契约理论的界分

契约理论是关于国家(城邦)起源的重要理论。古希腊智者学派在自然与约定的争论中表达了早期的契约理论,将自然本性和人性完善作为契约的基础,对人、社会、自然做出了界定,同时也抬升了人的地位。近代霍布斯、洛克以自然状态为社会契约论的逻辑起点,以人性的欲望至上性为基础,在确立人的主体地位的同时,也削弱了自然和人的本性力量。通过古代与近代契约理论的界分,领悟到人的真正发展是自身发展和自然的复活,是人、社会、自然的和谐发展。     

欧盟国家保障两性平等参政法律制度研究

近10年来,随着权力机构性别失衡问题政治敏感性日益提高,欧盟一些国家开始运用法律以及法律之外的制度来平衡公共政治领域的性别比例。欧盟国家参政中对性别差异进行了法律调整,保障了两性平等参政。为了实现两性平等参政,在法律制度进行变革的同时,对相应的选举制度和政治体制进行改革。在适用配额制时,各国的具体情况是必须要考虑的因素,选举制度和配额制必须紧密配合,不能分割开来。     

Revitalizing Local Government Performance Management: Further Dissecting the Role of Socioeconomic Status and Social Mobilization Policy

ABSTRACT

This article examines how socio-economic status and social mobilisation are linked to local government performance management in Nepal. As part of local government reform, Nepal adopted a social mobilisation policy in selected local governments to empower communities for their effective participation. Our results show that socio-economic status and social mobilisation have a significant relationship with performance management. Female literacy, for example, is strongly and significantly associated with performance management, while area has a significant positive relationship but population has only a weak positive relationship. In contrast, poverty has a significant negative correlation. More importantly, mobilisation has a significant, though modest, positive association with performance management particularly in participatory planning and budgeting, fiscal discipline, and administrative management. This indicates that improving the socio-economic status of citizens and their mobilisation for empowered collective action can be one important strategy to improve the performance capacity of local government.     

The Downside of Patriarchal Benevolence: Ambivalence in Addressing Domestic Violence and Socio-Economic Considerations for Women of Tamil Nadu,India

Social values and status cause diverse obstacles for escaping abuse (e.g., belief in the sanctity of marriage vs. financial necessity to stay for survival). India provides a unique opportunity to explore the interplay of status and corresponding patriarchal values in relation to the incidence of domestic violence and how it is viewed, coped with, and psychologically impacting native women. Sixty-four women of Tamil Nadu, India were surveyed. Women of higher status were found to be less likely to acknowledge abuse as a societal problem, accurately identify abuse events, and seek help or report abuse. Women who had more realistic conceptions of abuse were more likely to seek help but also likely to experience more severe psychological distress. All of the women surveyed had symptoms of post-traumatic stress disorder that were exacerbated by unsuspected variables. The implications of these findings are discussed in light of public health strategies.     

Hands-on Killing of Intimate Partners as a Function of Sex and Relationship Status/State

Guided by evolutionary psychology and a situational perspective on violence, we generated three hypotheses to investigate whether the percentage of intimate partner homicides by beating, a hands-on homicide method, varies with the victim-offender relationship. We tested these hypotheses with a national database that includes incident-level information on over 50,000 intimate partner homicides. Results indicate that: (1) men are more likely than women to kill a partner by beating, and (2) men are more likely to kill their partners by beating when the relationship is dating or non-marital cohabiting (versus legal marriage). We argue that the lack of commitment in these non-marital relationships may produce greater jealousy in men, driving the perpetrator to kill his victim in a more violent manner (i.e., beating), relative to men who kill their wives.     

身份犯的处罚根据论

身份犯的处罚根据问题是身份犯理论研究的基础性范畴,它直接决定了身份犯具体问题的展开。发端于大陆法系刑法中的"义务违反说"、"法益侵害说"以及建立在二者基础之上的"综合说"都不能圆满地说明身份犯的处罚根据;我国学者关于此问题的个别看法也不无纰漏。以"身份法益侵害说"作为身份犯的处罚根据,则是一种合理的选择。