Can terrorism become a scientific discipline? A diagnostic study

This study offers a meta-information analysis of the state of the art of terrorism research from structural disciplinary perspectives, and by comparisons with several other fields of study. It observes the interrelationship of disciplinary characteristics, specifically, scientific collaboration among terrorism researchers, the growth rate in the number of conferences in the field after 9/11 and the fragmentation of terrorism studies into separate research specialties. These three trends coincide, indicating the growing importance and visibility of terrorism and counter-terrorism studies for government decision-makers and an increase in funding for this research, much of which is channelled in specific desired directions. The new research on terrorism has created disciplinary studies on the subject in the sciences and the life sciences, side by side with traditional social science research. The fragmentation of the field, growing collaboration and the appearance of conference proceedings on terrorism are indicative of the beginnings of an autonomous academic research field, a distinct discipline of study. In great part, these developments are not only due to the infiltration of new subject areas into the network of terrorism research, but also to the expanding number of journals devoted to different aspects of the subject. The road to recognition as an academic discipline depends on whether the various aspects of terrorism studies can be integrated into one comprehensive branch of learning. This ability, in turn, is conditional on the field's cognitive structure or knowledge characteristics, as well as on the shifts and changes in the actual terrorism scene in the future that might influence the nature of research.     

论第三者侵犯配偶权的法律责任

第三者破坏他人的婚姻家庭,影响社会的和谐稳定.但是目前我国法律仅有关于第三者刑事责任的规定,且不尽完善,而尚无关于第三者侵犯配偶权的民事责任和行政责任的规定.第三者的行为符合一般侵权行为的构成要件,应当承担侵权的民事责任.第三者与有配偶者的姘居行为具有严重的社会危害性,应当以破坏婚姻罪论处.此外,第三者与有配偶者的通奸行为扰乱了社会治安秩序,应当承担行政责任.建议我国立法机关尽快修订相关法律,明确规定第三者侵犯配偶权的民事责任和行政责任,完善第三者的刑事责任.     

新刑诉视野下公诉庭前准备工作研究

新刑诉的修改为公诉庭前准备工作增添了新的内容,检察机关面临着量刑建议、非法证据排除、庭前预备会议和证人、鉴定人、专家证人出庭的挑战,传统的公诉庭前准备工作不足以满足新刑诉法的要求。从我国的司法现状来看,重定罪、轻量刑的理念依然存在,非法取证现象虽然大为减少,但证据瑕疵现象较为普遍,庭前预备会议实施效果有待进一步显现,证人出庭难的现象依然存在。因此,公诉庭前准备工作必须做好重视量刑公诉准备,坚决排除非法证据,认真补正瑕疵证据,灵活应对庭前会议,积极建构证人出庭的配套机制等方面工作,以达到新刑诉法对公诉人出庭履职的要求。     

论意思自治在网络隐私权侵权领域的适用

《涉外民事关系法律适用法》极大程度的完善了涉外侵权领域的法律适用规则,它首次规定了意思自治在一般侵权中的适用,但是在网络隐私权侵权上却坚守了被侵权人经常居所地原则。通过理论分析,以及对国内外立法和司法实践的考察,认为意思自治也应当适用与网络隐私权侵权领域。     

Growing up on Different Sides of the Wall – A Quasi-Experimental Test: Applying the Left–Right Dimension to the German Mass Public

This paper utilises survey data from the 1999 European Value Study to conduct a quasi-experimental analysis of the relationship between the left–right self-identification and policy preferences of Germany's electorate. Given the German division until 1990 it is plausible that citizens from East and West Germany had different ideological socialisation experiences swayed by the political discourse of their times. This paper models the influence of this diverse experience on ideological thinking, and examines the effects on the understanding of political issues. The findings suggest that differences do exist in the ideological consistency and attitude structuring of respondents. Compared to respondents in the West, East Germans are more likely to understand the term ‘left’ in socio-economic terms. On the other hand, they seem to connect the term ‘right’ rather to xenophobic issues. These results have crucial implications for political communication in representative democracies, as they question the one-level dimensionality of the left–right concept.     

Failure of security co‐operation in SADC: The suspension of the organ for politics,defence and security

Political opposition parties are considered crucial to the nurturing, enhancing and consolidating of democracy in every political system. Indeed, their existence is proof of political tolerance, competitive party elections, the provision of choices to the voting public and the possibility of alternation in power. However, the political opposition on the African continent is generally weak, and particularly so in Botswana, resulting in the predominance of the ruling party in political affairs. This article analyses the weaknesses of Botswana's opposition parties by tracing their historical evolution, characteristics, electoral base, and performance against the background of the political and electoral system in Botswana and the strength of the ruling party itself. It concludes that future prospects for the opposition to make greater inroads into the Botswana Democratic Party's support are small because of the fragmented nature of the opposition itself and the relative satisfaction of citizens with the current government's performance.     

A Slow and Painful Death? Political Parties and Local Democracy in Two Northern Towns

This paper assesses the state of local political parties in the UK, using case study material generated via a comparative study of local democracy in Burnley and Harrogate. It considers the challenges facing local political parties arising from the transition from local government to local governance and the ‘diversification’ of mechanisms through which local residents relate to local public agencies. The paper argues that local parties have reached an advanced state of decline, reflected in the erosion of third parties and, in the case of Burnley, the rise of the British National Party. The paper concludes with proposals for reinvigorating local parties, as part of a broader agenda of reviving local democracy in the UK.     

Germany: a good model for Labour Party renewal?

The policy debate within the British Labour Party after its traumatic electoral defeat in 2010 has been marked by a concern with Germany's system of economic governance as a potential model for renewal. The desirability of emulating key aspects of its institutions of economic democracy (codetermination) has been a particular subject of debate. This article analyses the source of Germany's attraction for many would-be reformers in the Labour movement. It then examines whether emulating German codetermination is either a feasible or appropriate strategy for Labour reformers whose goal is to rebalance power between capital and labour. Codetermination is deeply embedded in a wider set of governance institutions that have been subject to substantial reform in recent years. It concludes that effective institutional borrowing from Germany would require a far broader and more radical set of economic governance reforms than Labour reformers appear to recognise.     

Democracy in microstates: why smallness does not produce a democratic political system

To fully understand the function of volatility in today's European democracies, it is necessary to employ the principal-agent model. Where democracy is exercised in the form of party government, then it is especially essential to enquire into how the electorate can monitor politicians. Electoral volatility may increase the responsiveness of the party system to the electorate and increase the accountability of politicians. Party system instability is persistently higher in the east European democracies than in western Europe. System transition in eastern Europe passes through the party system, as new parties enter the electoral arena. Political innovation in western Europe also passes through the party system, where new movements appear alongside the established parties. However, there are signs of decreasing volatility in the east, whereas volatility is on the rise in several west European democracies. There will be convergence between west and east European democracies: both will experience considerable volatility in the future. This is a positive gain for democratic vitality in Tingsten's conception. The level of party system fractionalization is already the same over the regions of Europe. The principal-agent model would favour several agents as well as agent switches, which means a moderate level of party system instability.     

From ‘feckless pluralism’ to ‘dominant power politics’? The transformation of Russia's party system

The transformation of Russia's party system demonstrates a trend towards a decrease in party competition since the establishment of the party of power, United Russia, which claims to have become the dominant party. These developments are unique among post-Soviet countries, which merely attempted to create personalist, rather than party-based, monopolies of ruling elites. Why have Russia's elites opted to build a party-based monopoly and what are the prospects of this enterprise? The formation of the ruling group's party-based monopoly is explained with the help of a part-contingent model of an interrelated chain of causes and effects: (1) open electoral conflict among elites; (2) forced instrumental use of political parties as tools by the elites, in this conflict; (3) elite conflict turned into a zero-sum game; (4) a set of incentives for the ruling elite to make further instrumental use of the party of power; (5) an effective constellation of ideological and organizational resources of the party of power. The article also analyses the benefits and risks of the dominance of the party of power and its possible role in the consolidation of a non-democratic regime in Russia, along lines comparable to the Institutional Revolutionary Party in Mexico.