人格权立法之历史评析

刑法科学主要包括两大部分,一部分是关于犯罪的经验理论,另一部分是关于犯罪的规范理论。关于犯罪的经验理论所描述的是犯罪的社会真实性,在我国、日本和德国,     

Priming Presidential Approval: The Conditionality of Issue Effects

Variations in the effectiveness of media priming are traditionally attributed to individual differences in political sophistication and news exposure. We contribute to this literature by considering the degree to which the content of an issue prime drives its use in presidential approval. Using a macro level approach, we combine public opinion data on presidential approval from 1981 to 2000 with content analyses of presidential news coverage to see how media attention affects the way issues are weighted in presidential approval. We find that the effectiveness of issue primes depends on issue content, such that familiar and understandable issues are more likely to be primed than more complex and difficult issues.

传承与突破——欧美华人女性自传文学创作谈

突破了传记写作与女性写作的窠臼,大陆出身的欧美华人女作家以跨文化人的身份在其自传体文本中开拓了一种超越性别角色、民族立场的创作视角。摒弃了尖锐的性别立场与女性私人叙事,作品把个人心灵史的展示与社会历史叙事相互渗透,其西方价值体系为本的现代意识、“女性个体生存观”与文化比较的视野等等使欧美华人女性自传体创作完成了对于现代中国女性文学、自传体文学、华裔少数民族文学在价值评判、文化反思、性别观念、审美范式等诸多方面的创新与超越。     

Changing Horses in Wartime? The 2004 Presidential Election

The literature makes clear that foreign policy affects voting, but it does not lead to clear expectations as to how a war will affect voting. Will views about the advisability of the war predominate? Or will the indirect effect through the incumbent’s image be more important? Will a war crowd out other potential issues, particularly domestic ones? This paper addresses these questions through a series of focused analyses of NES survey data. We find that an increase in strong Republican partisans clinched the election for President Bush. The Iraq War was not a direct vote gainer for the President, but the larger War on Terrorism burnished his image as a leader, at least long enough to win the election. Likewise, the cultural war allowed President Bush to retain some of the votes that he might otherwise have lost due to the unpopularity of the Iraq War.     

Virtue,Interest, and Works in American Foreign Policy

Three questions shape American foreign policy: Is it right? Is it in the national interest? And does it work? “Right” is defined by the American ethos, sometimes called the civil religion. Self-interest and pragmatism characterize the other two elements. The interplay among these factors may be found most clearly in presidential rhetoric. After examining Theodore Roosevelt, Woodrow Wilson, FDR, and Ronald Reagan, the article finds that while effective presidents have invoked a religiously based virtue, U.S. foreign policy itself tended to avoid religious issues. In contrast, President George W. Bush has relied on the American civil religion to combat Islamism. But his rhetoric “stretches too far” on democratic virtue at the expense of national interest and pragmatism. The article concludes that the U.S. civil religion, although based on theological ideas, does not travel well.     

Monarchy and Democracy: A Progressive Agenda

The Blair governments since 1997 have seen the single most significant period of constitutional reform in Britain for over a century. However, they leave the monarchy, the institution at the apex of the unwritten constitution, untouched. It is argued that neither inaction nor abolition is advisable, but that reform should be undertaken, with particular attention to the rules of succession and to the royal prerogative powers, notable examples being the powers to declare war, to dismiss parliament, to assent to legislation and to appoint the Prime Minister. Those powers now exercised by the executive should be formally and linguistically separated from the office of head of state, and put on a statutory basis. The achievement of these reforms depends, however, on political will and cannot be initiated by the monarchy itself.     

The institutionalization of relative advantage: formal institutions,subconstitutional presidential powers,and the rise of authoritarian politics in Russia, 1994–2012

What role do formal institutions play in the consolidation of authoritarian regimes such as the Russian Federation? Oftentimes, it is assumed that autocrats, usually potent presidents, wield informal powers and control far-flung patron–client networks that undermine formal institutions and bolster their rule. After the institutional turn in authoritarianism studies, elections, parties, legislatures, or courts have taken center stage, yet presidencies and public law are still on the margins of this research paradigm. This paper proposes a method for measuring subconstitutional presidential power and its change by federal law, decrees, and Constitutional Court rulings as well as a theoretical framework for explaining when and under which conditions subconstitutional presidential power expands. It is argued that as a result of a gradual, small-scale, and slow-moving process of layering, presidential powers have been accumulated over time. This furthers the institutionalization of presidential advantage toward other federal and regional institutions, which in turn contributes to the consolidation of authoritarianism.     

从契约理论看家族企业代际传递中的权威散失

家族企业代际传递的核心是权威传递。从契约(合约)理论的角度看,公众公司和家族企业的权威体系构成,前者以正式契约形成的治理权威为主导,后者以非正式契约形成的管理权威为主导,由于权威在性质和来源上的差异,管理权威的传递难度要比治理权威大得多。影响管理权威的传递存在着众多不确定因素。     

唐代家庭财产的法律继承和遗嘱继承

隋代以来的“析籍”政策将大家族、大家庭解体为家庭、小家庭 ,随之而来的是大范围的分家析产。唐代初期 ,为了确保国家的赋役 ,防止百姓借“合户”“析户”逃避纳赋服役 ,唐王朝先后制订了与解决这些问题有关的分家析产政策 ,终于催生了一套以《户令》为中心、实际可行的分家及家产继承法令 ,这是中国历史上第一部成熟的相关法令。同时 ,这些政策、法令的施行 ,又为家产的遗嘱继承提供了可能 ,家产预分开始得到人们的重视。家产的遗嘱继承 ,既依照分家及家产继承法令 ,也突出了家长对财产的处分权和子孙的析产愿望。至唐代中晚期 ,以遗嘱继承为主要形式的家产预分 ,成为分家析产的重要方式。     

A Forensic Entomological Analysis Can Yield an Estimate of Postmortem Interval,and Not Just a Minimum Postmortem Interval: An Explanation and Illustration Using a Case

Several authors claimed that a forensic entomological analysis can never be interpreted as the postmortem interval (PMI), but that it can be interpreted as a minimum postmortem interval (PMI_min), or dead for not less than X amount of time. Because in most instances, a PMI estimate should be a range, that is, the set of values from maximum postmortem interval (PMI_max) to PMI_min, objections to PMI estimation are objections to PMI_max estimation. The arguments for this position did not address the substantial body of literature describing estimation of both PMI_max and PMI_min using insect succession analysis. This report reviews the scientific issues and presents a recent homicide investigation in which several forensic entomology experts used the absence of carrion insects on the corpse, a kind of succession analysis, to estimate PMI or PMI_max.