走向双重维度的研究——德美法学教育的研究性及其启示

研究性教学旨在通过学生主体参与,培养学生理论研究与创新工作的能力。德美法学教育改革中逐步凸显的理论指向与实践指向平衡发展的研究性教学,对我国当前的法学教育深有启迪。借鉴德美研究性教学经验,发展适合我国法学本科研究性教学的具体模式,将为完善我国当前的本科法学教育提供新的思考。     

Major depression – a study on the validity of clinicians’ diagnoses in medicolegal assessment

Major depression ranges among the most frequently diagnosed psychiatric disorders. Accordingly, diagnoses of depression are often underlying insurance, compensation or disability claims. This report evaluates the validity of clinicians’ diagnoses of major depression in a sample of claimants. In 2015, n = 127 consecutive cases were examined for medicolegal assessment. For all of them, a diagnosis of major depression had been established by clinicians. All testees underwent a psychiatric interview, a physical examination, they answered questionnaires for depressive symptoms according to DSM-5, embitterment disorder, post concussion syndrome (PCS) and unspecific somatic complaints. Performance and symptom validity tests were administered. Only 31% fulfilled the diagnostic criteria for DSM-5 major depression according to self-report, while none did so according to psychiatric assessment. Negative response bias was found in 64% of cases, feigned neurologic symptoms in 22%. Symptom exaggeration was indiscriminate rather than depression-specific. By self-report, 64% of the participants qualified for embitterment disorder and 93% for PCS. In conclusion, clinicians’ diagnoses of depression seem often confounded by improper assessment of the diagnostic criteria, confusion of depression with bereavement or embitterment and also by response bias.     

Integrating Behavioral Health Care and Primary Care: Application of a Clinical and Economic Model in Culturally Diverse Communities

Although mental illness treatment protocols exist, the organization and financing of screening and treatment services inhibit access. These challenges are compounded for refugees, immigrants, and other groups vulnerable due to their ethnicity, race, or culture. By creating a system-wide, collaborative, integrated model that recognizes and addresses critical clinical and economic aspects in the delivery of services, high quality, evidence-based care can be made available to groups susceptible to the burdens of mental illness. Clinically and financially aligning primary and specialty care offers a viable alternative for improving access and quality of mental health services to vulnerable populations.     

Beyond Rational Choice: the Hot/Cool Perspective of Criminal Decision Making

This paper proposes a general framework of criminal decision making that assumes both ‘cool’ cognition and ‘hot’ affect, i.e. feelings, to influence criminal choice. Drawing from judgment and decision making research and social psychology, the hot/cool perspective extends rational choice and deterrence theories by explaining how affect is likely to influence criminal decisions alongside cognitive considerations, such as the perceived costs and benefits of crime. It is shown how the hot/cool perspective offers a more realistic account of criminal decision making processes than existing decision models and approaches and also allows for the explanation of criminal behaviors that are difficult to explain in terms of rational choice.     

The 2001 British Election Study Internet Poll

ABSTRACT

This paper reports on the findings of the Internet component of the 2001 BES and compares them with those of the other BES pre-election surveys. Part 1 outlines the rationale that underpins the introduction of Internet polling as a supplement to more traditional methods of assessing mass public opinion. Part 2 describes the marginal distributions on the key dependent variable-the projected vote shares of the main political parties-of the three pre-election polls that were conducted using BES questionnaires. Intriguingly, the (unweighted) Internet-based poll provided a better guess of the actual vote shares in the subsequent election than either of the two conventional polls. Part 3 provides a more detailed comparison of the profiles of the face-to-face and Internet-based polls. It shows how the Internet poll, compared with the face-to-face poll, was skewed demographically towards the professional classes and politically towards the Conservative Party. Part 4 explores the extent to which the use of the Internet poll might result in spurious causal inferences being drawn about the sources of voting preferences in the 2001 UK election. A simple, direct-effects causal model is estimated using both the face-to-face probability sample data and the Internet survey data. The results suggest that, although the raw probability and Internet samples differ significantly, the relationships among the key variables do not differ significantly across the two samples. We conclude that Internet polling has an important part to play in gauging and analysing public opinion in future UK elections.     

Collective and Private Resources and the Inequalities of Non-violent Political Protest in European Countries

Abstract

Political participation is deemed to be a fundamental component of democratic regimes. The literature on political participation has shown that some social groups of citizens tend to be less involved in politics than other social groups, and the consequence is that the interests of these specific groups of less involved citizens are underrepresented in the political process. Given the increasing popularity of non-violent protest in contemporary democracies, it is important to understand whether political inequalities are present in this form of political engagement. In this article, we argue that non-violent protest may present inequalities, that examining the consequences of public social spending can help in understanding the cross-national differences in the levels of non-violent political protest, and that political inequalities in non-violent protest may vary according to public social spending. We test our argument using sources that include the European Values Study (1980–2009), multilevel models, and contextual data provided by the Organization for Economic Cooperation and Development.     

Economic models as devices of policy change: Policy paradigms,paradigm shift,and performativity

Can the emergence of a new policy model be a catalyst for a paradigm shift in the overall interpretative framework of how economic policy is conducted within a society? This paper claims that models are understudied as devices used by actors to induce policy change. This paper explores the role of models in Danish economic policy, where, from the 1970s onwards, executive public servants in this area have exclusively been specialists in model design. To understand changes in economic policy, this paper starts with a discussion of whether the notion of paradigm shift is adequate. It then examines the extent to which the performativity approach can help identify macroscopic changes in policy from seemingly microscopic changes in policy models. The concept of performativity is explored as a means of thinking about the constitution of agency directed at policy change. The paper brings this concept into play by arguing that the “performative” embedding of models in institutions is an important aspect of how paradigm shifts unfold that the current literature has neglected.     

互联网电视商业模式的著作权困境与反思

互联网电视刚面世就遭遇了不断的知识产权纠纷,其商业模式的性质各不相同,并引发了不同的侵权行为。利益平衡是知识产权法的基础性原则,司法实践中法院应当按照利益平衡的要求做出合理的判决。为了促进互联网电视制造商和著作权人之间利益的平衡,满足公众的合理需要,应理性地寻求维系利益平衡的作品管理机制和新的商业模式。     

Structural Convergence in Manufacturing Industries between Leaders and Latecomers

This article uses cross-country panel data on three-digit manufacturing to test for progressive structural convergence in industrial output mix between industrialising and industrialised economies. Regressions based on Logistic and Almost-Ideal models show that industrial deepening entails share losses for light and selected heavy manufacturing, and share gains for engineering and consumer durables. While semi-industrial economies manage to shift into petrochemical and engineering industries, the least industrialised nurture a broad spectrum of non-traditional manufacturing. Diversity in factor endowments and policy notwithstanding, growing similarity in demand and technological diffusion appear to produce weak convergence of industrial structures between developing and developed countries.