The Liberal Polity,Criminal Sanction,and Civil Society

The article explores an intersection of moral psychology and political principles regarding criminal sanction. A liberal state cannot require that persons acquire certain states of character or lead certain specific kinds of lives; it cannot require virtue. Moreover, it would be wrong for the state to punish offenders in ways that damage their capacities for agency, and in ways that encourage vice. In the U.S. the terms and conditions of punishment often have deleterious effects on agential capacities, undermining the ability to reintegrate in civil society. Prison experience is often antithetical to maintaining or acquiring the dispositions of prudence, accountability, trust, and trustworthiness needed for participation in civil society, raising significant questions concerning the legitimacy of punishment.     

上市公司现金分红制度的自治与强制——以股利代理成本理论为逻辑基础

控制股东与小股东之间的利益冲突是我国上市公司中存在的主要问题。我国股利分配失衡问题归根究底在于公司内部缺乏适当的权利制衡机制,存在内部人特别是控制股东侵害小股东合法利益的问题,这是公司治理机制不完善不健全的结果。我国与再融资行为相挂钩的上市公司现金分红制度具固有缺陷。依据股利代理成本理论,公司现金分红是小股东利益保护机制的结果,只有小股东利益保护机制得以有效执行,我国上市公司的股利分配失衡问题才能迎刃而解。应当尊重公司自治原则,通过契约设计和制度创新来增强公司股东对现金分红决策的参与度,对大股东权利的行使形成有效的制衡;同时,强化特定情形下控制股东的诚信义务,发展股东强制股利分配之诉,对上市公司控制股东滥用控制权侵害小股东利益的行为进行责任追究是我国解决股利分配失衡问题的必然出路。     

行政强制设定说明理由研究

行政强制设定说明理由制度是行政强制设定中最为基本的制度,对行政强制设定的民主化、公正化、科学化有非常重要的意义。其体现了正当程序、立法技术性、行政理性化和强制权力节制的价值。行政强制设定说明理由应从行政强制设定的理论准备、立项调研、专家论证、利害关系人意见的征询和对外宣示等方面进行制度构建。     

Social Change and Class Formation in a French West African State

This article focuses on migrant children in West Africa in contexts where independent migrations during childhood constitute the norm rather than the exception. The article examines how the relative age and gender of a child influence his/her trajectory. It is based on the biographies of two young domestic workers – a girl in Côte-d’Ivoire and a boy in Burkina Faso. In describing their trajectories during the first eight to ten years of their migration to the city, this article shows that ideas surrounding age-appropriate work and the acquisition of new skills allow both girls and boys to increasingly exercise more power over their own lives. From these detailed trajectories it becomes clear that the dominant institutional categories, on the one hand, mask the diversity of activities of these very young migrants. On the other hand, they conceal the diachronic changes that take place in the course of their migratory work experience.     

Beyond access: Youth and digital skills

Abstract

There is an increasing growth in access to the Internet among youth, gained largely through cell phones, computer laboratories on campuses, home connections, and connections on personal computers. Also, the availability of social software tools for webpage creation, blogging, and creating and sharing multimedia content has made content creation relatively accessible. But are the youth using these tools effectively? What are the levels of digital skills among this population? This study investigates digital skills among South African university students. Through a survey conducted at ten universities, and two skill experiments conducted at two universities, this study explores the pattern of perceived skills and actual skills, to examine current trends of digital skills among the students. The findings reveal that forms of Internet access, the cost of access, social stratification, and inequalities have implications for the patterns of digital skills, with content creation being a challenge for many youth.     

The politics of ‘wrongful life’ itself: discursive (mal)practices and Tay-Sachs disease

Abstract

This article examines eight wrongful life/wrongful birth suits filed by parents of children born with Tay-Sachs disease. Their legal claims are analysed in terms of the biopolitics of genetic risk that has emerged in recent decades with a view to arguing that, as health and disease are increasingly understood within a genetics framework, the individual is becoming responsibilized to be proactive and undergo genetic testing. At the same time, this responsibilization is being defined as a kind of entitlement rooted in historically specific ideas about personhood and quality of life. The only option for reconciling this contradiction has been simply to define responsibilization as the individual's right, thereby calling into question the notion of agency in genetic decision-making and revealing that choice in this context is in fact becoming the unfreedom to choose.     

Negotiating the meaning of brands

How does a brand become meaningful, and how does certain lifestyle values become integrated into a brand so that the brand appears like a trustworthy statement? The paper investigates the ongoing negotiation processes between brand maker and brand users as a key to understand how brands become meaningful. The result of the negotiation processes is the creation of a common consent of meaning, which the brand rests upon. This implies that a brand can only be meaningful if the brand maker and brand users can create this brand habit.     

Historicising ‘asylum’ and responsibility

Territorial rule ‘begins’ with an assertion of who deserves protection and who does not. The question of responsibility and its limits is integral to the making and maintenance of a nation state. But a modern refugee rights regime externalises the question of asylum. Asylum claims are made by strangers dealt with by bureaucracies. How has this come to pass? How has responsibility become thought in terms of the territorial state and the society and order it begets? In this article, I try to make the case through a historical example that asylum is not external to the constitution of the nation state, rather territorial rule begins by figuring out who to protect and who not to. At the core of these ideas about protection and responsibility is a notion of political subjectivity, which is graduated, hierarchical and centred on the state. The privileging of an ahistorical idea of how political subjectivity has been so limited has contributed to the externalisation of asylum, where the troubling questions of to whom we are responsible and whom not barely figure because asylum claims become the subject of a technicalised procedure. In this article, I focus on the British colonial authority's encounter with native slaves seeking asylum in Perak.     

Theories of State Formation and Civilisation in Johann P. Arnason and Shmuel Eisenstadt's Comparative Sociologies of Japan

Abstract

Johann Arnason and Shmuel Eisenstadt's social theories have remarkably different origins. Yet each has moved onto common ground with the other over a period of time. They meet in historical sociology in dialogue over theories of state formation and images of civilisation. Each is engaged in a project of revising civilisations sociology that reaches an apex with the comparative study of Japan. Their groundbreaking contributions can be read critically against a wider background of debates about postcolonialism, the reputation of the notion of civilisation and the state of area studies in the humanities and social sciences.     

Sustainable Design and Social Entrepreneurship A Common Path Toward Social Innovation？

The purpose of this article is to introduce the connection of social entrepreneurship （SE） and sustainable design （SD） as a successful strategy for social innovation. Design is increasingly recognized by different stakeholders as an important contribution to social innovation. However, research linking SD and SE as a tool to sustain these social ventures is limited. This article takes an international approach to viewing SE. It presents concepts and main characteristics of both SE and SD, and discusses its similarities and differences of these concepts, based on a literature review and the analysis of two case studies addressing SE. The case studies presented in Norway and the United States are evaluated based on the role that SD strategies played in their establishment and implementation phase. Finally, this article seeks to contribute to the discussion of SE challenges and benefits, in addition to furthering research on the connection of SE and SD. Analyzing this connection means exploring uncharted paths toward sustainability and socially responsible growth.