语篇分析在司法语境中的应用

法律语篇分析是从法学语言的视角研究与法学有关的种种语言现象,并运用语篇学的研究方法分析法学语言,包括立法语言、司法语言、法律科学语言、法学翻译以及法学古文等一切有关法律规则和法学研究的口语和书面语。司法语境中的语篇分析,是从微观的角度分析司法人员、律师和涉案当事人的各种语言现象,旨在解决司法过程中的语言证据收集、话语标记识别、语言环境分析、控辩双方对同一语言证据材料的不同理解可能导致不同审判结果等可能存在的一系列问题,促使我国司法实践部门对法律语言的更多关注,以拓宽我国法学语言界的研究视野,进一步提高工作效率。     

试论诚实信用原则在公法域的适用

诚实信用原则本为一私法原则,但自20世纪30年代以来,该原则出现了从私法领域向公法领域扩展的现象。文章主要探讨诚信原则在公法领域适用的法理基础,以及从诚信原则本身的局限、诚信原则适用的特定语境和公法领域的特性出发,探讨该原则在公法领域适用的限制。     

A Perspective on Errors,Bias, and Interpretation in the Forensic Sciences and Direction for Continuing Advancement*

Abstract: The forensic sciences are under review more so than ever before. Such review is necessary and healthy and should be a continuous process. It identifies areas for improvement in quality practices and services. The issues surrounding error, i.e., measurement error, human error, contextual bias, and confirmatory bias, and interpretation are discussed. Infrastructure is already in place to support reliability. However, more definition and clarity of terms and interpretation would facilitate communication and understanding. Material improvement across the disciplines should be sought through national programs in education and training, focused on science, the scientific method, statistics, and ethics. To provide direction for advancing the forensic sciences a list of recommendations ranging from further documentation to new research and validation to education and to accreditation is provided for consideration. The list is a starting point for discussion that could foster further thought and input in developing an overarching strategic plan for enhancing the forensic sciences.     

Overlapping polarization: On the contextual determinants of the interplay between ideological and affective polarization

Previous literature has distinguished two types of polarization: ideological and affective. However, little is known on how the interconnection of these two polarizations (which we call overlapping polarization) varies depending on the political context. Is affective polarization always associated with ideological polarization? What is the role of the institutional framework (i.e., democratic age and popular election of the head of state) and the party system (i.e., elite polarization and number of parties) in determining how wide this overlap is? This article examines the contextual determinants of overlapping polarization by using information from the four first CSES waves. According to our analyses, the individual-level positive effect of ideological polarization on affective polarization is stronger when the party system is ideologically polarized and in older democracies, and is weaker in presidential democracies and when the number of parties is higher.     

Voter turnout in direct democracy: A joint analysis of individual,referendum and community factors

In the context of an ever growing importance and usage of referendums around the globe, this article provides a comprehensive approach to analyse the determinants of participation in direct democratic votes. In the absence of conclusive empirical evidence about which factors drive direct democratic participation, studies tend to adopt election-specific findings and assume the determinants of electoral turnout to equally apply for referendums. Yet, a strict empirical test of these numerous determinants in a referendum context is still missing. By examining aspects stemming from both election-specific and referendum-specific contexts, this article aims to first test the applicability of common electoral theories of turnout for direct democratic participation and second to analyse the relevance of each factor when simultaneously examined with other contextual and individual factors. This holistic approach represents reality as adequate as possible, that is, to consider various factors that may simultaneously influence the individual decision to vote. Next to individual variables, the analysis particularly focuses on two contextual levels, the community a person lives in and factors linked to a given referendum. The discussion and joint analysis of competing factors addresses the problem of underspecified turnout models, which commonly prevents a detailed assessment of the relative importance of the determinants of turnout. The study uses registered data from the canton of Geneva, Switzerland, which provides official information about individual participation across 43 referendums in 45 communities. We match this individual data with referendum-related factors, such as campaign intensity and importance of the issues at stake, and community-level variables, such as wealth and urbanization. The results of our multilevel, cross-classified models show significant context-related effects, stemming mainly from the referendum and less from the community level. Still, the main driver of direct democratic participation is individual determinants, in particular citizens' past participation record.     

马克思主义工会学说中国化的最新成果

马克思主义工会学说中国化最新成果主要内容由工会能力建设、建立新型劳动关系、"组织起来、切实维权"的工作方针、坚持走中国特色社会主义工会发展道路、推动和谐社会建设、牢固树立中国特色社会主义工会维权观构成,最新成果的理论主题是中国特色社会主义工会发展道路。     

Kazakh power distance dimension in business discourse

The article is considered to be of current interest, because it is a relatively new area for research. This paper focuses on measuring Hofstede’s power distance index for different countries, particularly in Kazakh culture. A novel technique is proposed, where verbal index is calculated from the analysis of publically available texts delivered by representatives of different cultures. The authors analyzed public speeches made by leaders of various countries. From these texts, a verbal index was derived, which closely correlated with Hofstede’s power distance data. As a result, the authors were able to obtain a power distance index for Kazakhstan, which was previously unavailable. Furthermore, this method can be used as a cheaper alternative to conducting surveys in estimating Hofstede’s power distance indexes for different cultures.     

The effects of procedural aspects and outcome salience on procedural fairness judgments

The effects of process control and decision control on procedural fairness judgements are examined with regard to the procedure used by commercial banks in granting business credits to entrepreneurs. Male and female entrepreneurs with experience in requests for business credits were interviewed about several aspects of the procedure for granting business credit. Respondents had either a positive or a negative experience with credit granting (i.e., the request was or was not rewarded). The outcome-oriented and the procedure-oriented explanations for the effects of process control on procedural fairness judgments are discussed. The results show that, contrary to expectation, process control had no effect on the procedural fairness judgments. On the contrary, perceived seriousness of treatment, as well as the predicted effects of decision control, did influence procedural justice judgments. Moreover, some support was found for the contention that seriousness of treatment functions as precondition for process control effects (Tyler, 1987). Neither the outcome-oriented, nor the procedure-oriented explanation could fully account for the findings. It is assumed that the specific aspects of the situation are responsible for the results, indicating how important the situational context is in research concerning procedural justice.     

If Violence Is Domestic, Does It Really Count?

Estimates of the prevalence of marital violence have been found to vary dramatically from survey to survey. This paper addresses one potential explanation for this difference which involves the focus and format of different surveys. We examine the extent to which survey respondents are willing to report marital violence in a context which focuses on criminal behaviors as opposed to a family violence context. In a very basic way, this answers a question as to whether individuals are willing to define acts of marital violence as criminal. Methodologically, it is a measurement issue which seriously affects the ability to compare findings across samples. National Youth Survey data are used to compare rates of generalized spousal assault and victimization reported in a crime context with rates of marital assault and victimization reported in a family violence context. Results indicate that 40 to 83% of all marital assaults and victimizations reported in the marital violence section are not reported in a format which focuses on criminal assault and victimization.     

Exploring the Social Context of Instrumental and Expressive Homicides: An Application of Qualitative Comparative Analysis

Using data from the UCR's Supplementary Homicide Reports, the methodof qualitative comparative analysis (QCA) is used to examine whetherinstrumental and expressive homicides are similar or unique in their socialcontext (i.e., combinations of offender, victim, and situationalcharacteristics). Instrumental and expressive homicides are found to haveboth common and unique social contexts, but the vast majority of homicideincidents involve combinations of individual and situational factors thatare common in both general types of homicides. Among subtypes ofinstrumental (like rape, prostitution, robbery murders) and expressivehomicides (like lovers' triangles, brawls, and arguments), there iswide variability in their prevalence of unique and common components. Afterdiscussing these results, the paper concludes with illustrations of how QCAmay be used in other areas within criminology.