超越结构与行动——政策网络理论发展路径反思与“结构化”分析框架建构

随着政策问题复杂性和不确定性的提高,政策网络逐渐成为政策分析的主要范式,如何发展和完善政策网络理论也随之成为政策网络研究的重要主题。不同研究路径均尝试对政策网络理论的关键问题,即政策网络的产生、维持和变迁,政策网络和政策过程及其结果之间的关系,政策网络和政策变迁之间的关系等,进行解释和回应。尽管西方政策研究者通过政策网络类型学和行动者模型对政策网络理论进行了完善,但以上两种路径在对“结构与行动”“宏观与微观”问题的处理上存在明显二元对立的倾向,因而无法有效回应政策网络理论的关键问题。引入结构化理论之后,上述问题得到了较好解决,政策网络理论的适用性和解释力都大幅提高。     

Invoking affect in Kawakami Mieko's Chihi to ran (Breasts and Eggs, 2008): Higuchi Ichiyô, playful words and ludic gestures

A slim and yet powerful novella, Chichi to ran (Breasts and Eggs, 2008) helped the author, Kawakami Mieko, launch her career in the Japanese literary establishment by winning her the Akutagawa prize. The novella revolves around a middle-aged single-mother, struggling to eke out a living for herself and her teenage daughter as a bar hostess in Osaka. The bond between them is severely tested under the pressure of the precarious living conditions in the post-bubble, neo-liberalist Japan of the 2000s. This essay explores the absorbing and affective aspect of the novella by drawing on Rita Felski's ‘positive aesthetics’ and Bruno Latour's concept of ‘nonhuman actors’. With a focus on the movement of affect/feelings, the analysis traces how ‘non-human actors’ of all kinds and shapes in the novella, from the female characters, chatty style of speech in Osaka dialect, the kanji used in them, the protagonist's obsession with breasts, images of Higuchi Ichiyô, to a carton of eggs, interact and connect in a way that make a difference, facilitating innovative life-adjustments as the narrative unfolds – the reading which should, in turn, enhance our understanding and appreciation of the text.     

Globalisation and the state revisited: A view from provincial Vietnam

The article considers the changing nature of the state in an era of globalisation, exploring the impact on the state of changes in cross-border flows and the rise of private and transnational actors. Presenting data from two Vietnamese border provinces, the article paints a picture of a relatively powerful state, which appears to be extending its reach in some areas. Asking how we reconcile this with increased cross-border flows and the rise of private and transnational actors, the article suggests that where sub-national governments are less integrated in global financial architecture, and where domestic private capital has close relations with the state, the impact in terms of precipitating a diminution of state power is likely to be less. Equally, the article argues that there is a tendency in some of the literature to overstate the influence of foreign private capital and transnational institutions on the state in ways which seem inappropriate away from the capital city.     

External Democratization after War: Success and Failure

In post-war societies external actors promote democracy within a broad framework of state- and nation-building, rule-of-law building, and economic development. But not all democracy promotion efforts succeed in an equal way. A closer look at cases of intervention and democratization since 1945 helps us to account for this variation. Cases of democratization can be differentiated according to their level of post-war socio-economic development, the level of social trust versus the level of inner-societal violence, the character of remaining stateness, the potential erosion of the nation, and the terms of peace. In order to explain the democratization successes of the post-World War II period on the one hand, and the apparent democratization failures of the 1990s and after 11 September 2001 on the other, the strategies external actors use in post-war transformation must be considered. Sometimes, external actors differ significantly in their ability and willingness to deal with the five issues mentioned above. Given differences in both structural conditions and actor engagement, external actors should be more careful when using some of the early democratization cases as blueprints for democracy promotion today.     

International Soft Law, Human Rights and Non-state Actors: Towards the Accountability of Transnational Corporations?

During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this trend could be a proper path to enforce the legal accountability of transnational corporations for human rights. It will be argued that the interplay between law and ethics should be assessed differently depending on which kind of correlative duty is at stake. With regard to negative duties, soft law tools concerning TNCs’ conduct may weaken the impact of hard law. By contrast, when positive duties are concerned, insofar as the horizontal effect of rights cannot be assumed, soft law turns out to be much more useful.

Local government reforms: between multifunction and single-purpose organisations

The paper argues that, in ‘revisiting’ the referred-to article published back in 2004, the concept then guiding the analysis would need to be modified particularly on three scores. For one, in order to achieve a more adequate comparison the country selection should be expanded beyond the earlier sample (UK, France, Germany and Sweden) to also capture Southern and Central Eastern European countries. Second, the ‘developmental’ (‘over time’) analysis of the pertinent institutional changes should be further accentuated and complemented by proceeding ‘by (developmental)stages’ instead of ‘country by country’. Third, while still deeming the distinction between ‘multifunction’ and ‘single-purpose’ organisations fruitful to guide a ‘government versus governance’ analysis and interpretation, the distinction between ‘political rationality’ and ‘economic rationality’ should be added with the former (ideal-typically) identified with elected (local) government and the latter seen characteristic of many of the actors in the governance-typical actor networks.     

Controlling the Police in Buenos Aires: A Case Study of Horizontal and Social Accountability

The article analyses the interaction between various forms of accountability on the basis of a case study of responses to the Federal Police of Argentina's practice of framing innocent victims. The failure of classic agencies of balance to establish accountability was compensated in this case by the creation of an ad hoc agency of oversight, an investigative commission established by the Attorney General, that interacted with social agents of accountability. The analysis points to the ambivalent role of the media in both supporting and exposing illegal police practices and shows that the cooperation between the commission and social actors was crucial to its success.     

刑罚配置的双重基准——一个基于刑法微观层面的诠释

从刑法微观层面而言,刑罚轻重的配置应立足于双重基准:即刑法所保护价值的重要程度和行为人对立态度的有无及其程度。一方面,刑法所保护价值即犯罪客体的不同直接制约刑罚的轻重,在同类型犯罪中,刑罚轻重则深受对刑法所保护价值造成的损害程度的影响;另一方面,凡体现行为人对立态度及其程度的因素如犯罪故意、犯罪过失、犯罪动机、犯罪目的、中止犯、自首犯、立功犯、胁从犯、累犯等均为直接制约刑罚配置的要素。     

Domestic actors and liberalization: a case study of internal and external pressures in Moi's Kenya

The diffusion of political and economic liberalization to countries all across the world over the last 30 years has raised questions about the influence of domestic and international actors. Most scholars have given credit to international actors such as the USA, Western European countries, the International Monetary Fund (IMF), and the World Bank for the spread of liberalization or any political openness and/or market-oriented reform. Their external-actors-focused explanations have been almost exclusively at the expense of domestic actors. They have essentially viewed domestic actors as simply receivers of liberalizing change or incapable of initiating reform. As a result, international development policies and programs have tended to focus on what these external actors can do to force other countries to liberalize. While recognizing the influence of these external actors, this article reverses this emphasis and notes that the focus should be on internal actors and factors, primarily social movements/groups and opposition political polities that are agitating for reform. This article is a case study on Kenya that shows how domestic factors and actors pressured the Moi government to embrace reform starting in the 1980s.     

Bargaining Between Rebel Groups and the Outside Option of Violence

Although military cooperation among rebel groups in multi-party civil wars could help rebels defeat or extract concessions from an incumbent government, violent conflict among rebel groups is empirically prevalent. Why do rebel groups in multi-party civil wars choose to fight one another? This article models the strategic dilemma facing rebel groups in multi-party civil wars as an alternating-offer bargaining game of incomplete information with an outside option. The game-theoretic model explores the relationship between the status quo distribution of power among rebel groups, the costs of fighting, and the likelihood that one rebel group will opt to unilaterally end bargaining over a set of goods, such as access to supply routes, natural resources, and control over civilian populations. We show that the likelihood of violent conflict between rebel groups is lowest when the status quo distribution of benefits reflects the existing distribution of power.