劳教废止后对违法犯罪行为惩治和矫正的法律导向——基于刑法宽容理念的善后与衔接

未经法律授权即可对公民实施包括限制人身自由在内的强制措施,这是劳教制度最大的制度软肋,也是致其最终被废止的根本原因。劳教制度废止后的制度设计应当引以为戒,尽量避免"劳教制度已死,劳教式管理模式还在"的尴尬局面。遵循理念先导、制度跟进的规律,未来的制度设计必先契合法治理念。而于刑事法治理念而言,不遵循刑法宽容理念的制度设计必定依然难逃窠臼。故而在改革中除了要关注基本制度的构建和刑事政策的贯彻之外,更为重要的还在于刑法宽容理念的培养和倡导。     

刍议警察“适度容忍”与社会和谐

现阶段中国国情不适合采用"零容忍"的警务政策,和谐社会建设需要公安机关"适度容忍","适度容忍"应当成为现阶段社会主义法治理念的重要内容。因此,公安机关的"适度容忍"必须遵循的基本原则是:实事求是、顾全大局、平和理性、灵活用法。     

Impact of the Arts on Individual Contributions to US Civil Society

Abstract

Many studies have emerged in recent years examining the impact of the arts on educational outcomes, physical and mental health outcomes, local economies, and community well-being. Yet considerably less attention has been given to the impact that participation in the arts has on social behaviour that promotes a civil society. This study seeks to remedy this gap in the literature by examining the effect that both audience-based arts participation and direct participation in the arts have on three measures of civil society. We rely on data from the General Social Survey, which offers information on the arts participation behaviour of a random sample of adults living in the USA (n?=?1.341). Multivariate analysis is used to estimate the effects of audience-based arts participation as well as personal participation in the arts (creating art) on three dimensions of civil society: Civic engagement, social tolerance, and other-regarding behaviour. We find strong evidence that the arts enhance civil society. Both audience-based participation in the arts and personal participation in creating art are linked to higher levels of civic engagement, higher levels of social tolerance on some dimensions of the measure, and higher levels of other-regarding behaviour. Our findings have important implications, in that they demonstrate a strong association between the arts and individual-level social outcomes that contribute to the health of civil society.     

A Review of Alcohol‐Impaired Driving: The Role of Blood Alcohol Concentration and Complexity of the Driving Task

The operation of a motor vehicle requires the integrity of sensory, motor, and intellectual faculties. Impairment of these faculties following the consumption of alcohol has been studied extensively through laboratory, closed‐course and on‐road driving, and epidemiological studies. The scientific literature was reviewed critically, with a focus on low‐to‐moderate blood alcohol concentrations (BAC ≤ 0.100%), to identify the most reliable determinants of alcohol‐impaired driving. Variables such as age, gender, driving skill, and tolerance were shown to have limited impact on impairment. It was concluded the most relevant variables are BAC and complexity of the driving task. The scientific literature provides a high degree of confidence to support the conclusion that a BAC of 0.050% impairs faculties required in the operation of a motor vehicle. Whether impairment is apparent depends upon the complexity of the driving task, which applies to both study design and actual driving.     

Creating a safer working environment through psychological assessment: A review of a measure of safety consciousness

This article explores how organizations can prevent workplace accidents through the psychological assessment of employees. We present a model of employee safety consciousness consisting of personality and attitudinal variables associated with a higher risk of accident involvement. A safety conscious employee is described as one who: has an internal locus of control in matters related to workplace safety, has a high tolerance for work‐related stress, and avoids engaging in high‐risk, sensation‐seeking activities. Relevant research is reviewed and applications of the safety consciousness construct to hiring, promotion and training are discussed.     

刑法中的人道问题

近代以来,随着人道主义呼声的高涨,犯罪人的处遇措施应该得到改良、死刑应当废止的主张日渐扩大了影响面。但是人道能否限制刑罚？从国内的主流观点——人道是刑罚的价值要素去推论,人道可以对刑罚构成一种根据性的限制,与人道不符,刑罚就应该废止。但是通过价值哲学、刑罚历史、刑罚根基的考察,人道不是刑罚的价值要素。因此,人道对刑罚的限制不是根据性的,而是条件性的,只有当人道理念较比刑罚理念占优势时,人道才限制刑罚。至此,中国当前的刑事政策应是适度改良监狱设施,坚持保留死刑立场上的严格限制死刑。     

The simplicity of toleration

ABSTRACT

Toleration is one of the core elements of a liberal polity, and yet it has come to be seen as puzzling, paradoxical and difficult. The aim of the present paper is to dispel three puzzles surrounding toleration. First, I will challenge the notion that it is difficult to see why tolerance should be a virtue given that it involves putting up with what one deems wrong. Second, I defuse the worry that the ideal of toleration is not fully realizable as toleration must necessarily be limited. Third, I take issue with the assumption that ‘true’ tolerance requires meta-tolerance, that is, that the issue of toleration must itself be approached in a ‘tolerant’ way.     

Batuque: African Drumming and Dance between Repression and Concession, Bahia, 1808–18551

In this essay I will discuss some of the meanings acquired by black revelry under slavery. Given the restrictions of the available sources, I discuss above all the attitudes and the views of masters, policemen, journalists and politicians towards the batuque. For this reason I have chosen those festive manifestations which are more African or seen as such by these individuals. I intend to point out particularly what changed and what did not during the first half of the nineteenth century in attitudes towards the batuque, which here generally means black percussion music usually accompanied by dance.     

Inter-ethnic (In)tolerance between Turks and Kurds: Implications for Turkish Democratisation

Using public opinion survey data, this study investigates the determinants of inter-ethnic (in)tolerance among Turks and Kurds in Turkey. Our empirical analyses show that, compared with Turks, Kurds have a relatively higher level of tolerance towards the ethnic out-group. Our findings also suggest that different dynamics and factors mould Turks’ and Kurds’ tolerance towards ethnic out-group members. Religiosity, (ethno)nationalist orientations, inter-ethnic contact, threat perception and economic factors are the most consistent variables shaping Turks’ tolerance towards Kurds. In contrast, religion-related factors and inter-ethnic social contact do not have a statistically significant effect on Kurds’ tolerance towards Turks. (Ethno)nationalist orientations, however, appear to reduce Kurds’ tolerance.     

Prejudice against Gypsies among Spanish adolescents

This article examines the attitudes of Spanish adolescents towards Gypsies, the most discriminated group in Spain, by looking at two distinct attitudinal components: the first, the cognitive component, was studied by measuring a willingness to extend twelve rights to Gypsies; the second, the affective component, by assessing a liking for this group. The research demonstrated that the adolescents' willingness to extend rights to Gypsies was greater than their liking for them. Furthermore, the adolescents were more willing to extend social rights than political ones. Older adolescents, females, those with higher self-esteem, greater political experience, a more resolute endorsement of democratic norms and a stronger identification with a group of friends presented more positive attitudes towards Gypsies. On the other hand, adolescents who were more supportive of violent groups, more strongly identified with the Catholic Church, other religious groups or a soccer team showed more negative attitudes towards Gypsies.