浅论精神损害之国家赔偿

国家侵权精神损害赔偿制度是衡量一个国家民主法治水平的重要尺度之一。完善国家赔偿中精神损害赔偿是维护宪法权威、建立法治社会的需要,是坚持以人为本、构建和谐社会的需要,是融入世界潮流、适应历史发展的需要。实践中,构建精神损害国家赔偿制度必须从赔偿的范围、方式、标准、程度等方面入手,切实保证国家赔偿渠道通畅,保障公民的合法权益不受侵害。     

楼房入室盗窃案件的特点和现场勘查技巧

楼房入室盗窃案件呈逐年上升之势,已成为城市严重治安问题之一。楼房入室盗窃案件的侵害目标具体,时机选择比较固定,作案手段具有特殊性和习惯性,多为团伙流窜作案,现场容易被破坏。深入分析楼房入室盗窃案件的特点,掌握此类案件的现场勘查技巧,提高现场勘查质量,是快速破获此类案件的先决条件。     

Partisan effects in morality policy making

Current comparative policy research gives no clear answer to the question of whether partisan politics in general or the partisan composition of governments in particular matter for different morality policy outputs across countries and over time. This article addresses this desideratum by employing a new encompassing dataset that captures the regulatory permissiveness in six morality policies that are homosexuality, same‐sex partnership, prostitution, pornography, abortion and euthanasia in 16 European countries over five decades from 1960 to 2010. Given the prevalent scepticism about a role for political parties for morality policies in existing research, this is a ‘hard’ test case for the ‘parties do matter’ argument. Starting from the basic theoretical assumption that different party families, if represented in national governments to varying degrees, ought to leave differing imprints on morality policy making, this research demonstrates that parties matter when accounting for the variation in morality policy outputs. This general statement needs to be qualified in three important ways. First, the nature of morality policy implies that party positions or preferences cannot be fully understood by merely focusing on one single cleavage alone. Instead, morality policy is located at the interface of different cleavages, including not only left‐right and secular‐religious dimensions, but also the conflicts between materialism and postmaterialism, green‐alternative‐libertarian and traditional‐authoritarian‐nationalist (GAL‐TAN) parties, and integration and demarcation. Second, it is argued in this article that the relevance of different cleavages for morality issues varies over time. Third, partisan effects can be found only if individual cabinets, rather than country‐years, are used as the unit of analysis in the research design. In particular, party families that tend to prioritise individual freedom over collective interests (i.e., left and liberal parties) are associated with significantly more liberal morality policies than party families that stress societal values and order (i.e., conservative/right and religious parties). While the latter are unlikely to overturn previous moves towards permissiveness, these results suggest that they might preserve the status quo at least. Curiously, no systematic effects of green parties are found, which may be because they have been represented in European governments at later periods when morality policy outputs were already quite permissive.     

Electoral infidelity: Why party members cast defecting votes

Party politics and electoral research generally assume that party members are loyal voters. This article first assesses the empirical basis for this assumption before providing individual‐level explanations for defection. It combines prominent theories from party politics and electoral behaviour research and argues that internal disagreement and external pressure can each bring about disloyal voting. The hypotheses are motivated with multi‐country European survey data and tested on two sets of party‐level national surveys. The results show, first, that, on average, 8 per cent of European party members cast a defecting vote in the last election, and second, that dissatisfaction with the leadership is the strongest predictor of defection. Additionally, internal ideological disagreement is associated with higher probabilities of defection, whereas the effects of pull factors in the form of contentious policies are rather limited. These findings emphasise the importance of testing scientific assumptions and the potential significance of party leadership contests.     

Electoral volatility and parties’ ideological responsiveness

For a number of decades now, scholars have been indicating that ties between citizens and parties are eroding. As a consequence, electoral behaviour has become more volatile and also more unpredictable. The consequences of this process of change on parties’ strategic behaviour have, however, received little attention. In this article, the impact of dealignment on parties’ strategic behaviour is examined, with the focus being on the extent to which parties are responsive to the mean voter. The expectation of dealignment allowing parties ‘to move around more freely’ leads to the hypothesis that parties are more responsive in a context of dealignment. The analyses provide evidence that is in line with this expectation. Ideological responsiveness is conditioned by the level of volatility in the electorate. The conclusion to draw from these results is that dealignment, which profoundly affects voters’ behaviour, leads parties to become more responsive to the mean voter.     

Positions and saliency of immigration in party manifestos: A novel dataset using crowd coding

Immigration is one of the most widely debated issues today. It has, therefore, also become an important issue in party competition, and radical right parties are trying to exploit the issue. This opens up many pressing questions for researchers. To answer these questions, data on the self‐ascribed and unified party positions on immigration and immigrant integration issues is needed. So far, researchers have relied on expert survey data, media analysis data and ‘proxy’ categories from the Manifesto Project Dataset. However, the former two only give the mediated party position, and the latter relies on proxies that do not specifically measure immigration. The new dataset presented in this article provides researchers with party positions and saliency estimates on two issue dimensions – immigration and immigrant integration – in 14 countries and 43 elections. Deriving the data from manifestos enables the provision of parties’ unified and unfiltered immigration positions for countries and time points not covered in expert surveys and media studies, making it possible to link immigration and immigrant integration positions and saliency scores to other issue areas covered in the Manifesto Project Dataset. Well‐established criteria are used to distinguish between statements on (1) immigration control and (2) immigrant integration. This allows for a more fine‐grained analysis along these two dimensions. Furthermore, the dataset has been generated using the new method of crowd coding, which allows a relatively fast manual coding of political texts. Some of the advantages of crowd coding are that it is easily replicated and expanded, and, as such, presents the research community with the opportunity to amend and expand upon this coding scheme.     

Foreign threat and political party change: Russia and changes in party manifestos

How do political parties react to foreign security threats? There has been very little attention paid in the literature generally to how parties react to international events, particularly how parties react to foreign policy threats. Using data from the Comparative Manifesto Project, we examine how political parties in countries in Europe have reacted to Russian actions in terms of their emphasis on security issues. Based upon our analysis of the manifestoes from 331 parties in 36 countries we find that, generally, interstate threats have no significant effect on the military position adopted by political parties, although these effects vary by party type and by the type of threat. Russian based threats appear to be associated with the Far Left becoming more dovish (which is consistent with what would be expected by the literature) and the Far Right becoming significantly less hawkish.     

Change—and Scepticism—as a Constant: Anthony King on Parties and Party Systems

Tony King had a healthy disrespect for conventional wisdom but a deep appreciation for common sense. Drawing on an eclectic mix of sources, both qualitative and quantitative, he wore his learning lightly, the better to highlight and explain to academic and non‐academic audiences how shifts in society and public opinion drove change inside parties and in the party systems in which they operated. King asked great questions and provided answers that simultaneously captured complexity and the big picture. His provocative interpretations and analysis were always stimulating—and many of them proved highly prescient.     

Where Do We Go from Here?

The left needs a fundamental rethinking of its politics for a new era. The first task is to understand the contemporary conjuncture: the dynamic combination of events and circumstances which structure a political settlement. Two such conjunctures have occurred in recent history. The first produced the postwar welfare settlement of 1945, which broke down in the economic crisis of the 1970s. The second took shape in the 1980s around the revival of liberal market economics and what became known as Thatcherism. It failed following the 2008 financial crash, and has begun to break apart with the vote to leave the EU. New political and cultural faultlines are confounding the orthodoxies of the governing class and cutting across the partisan loyalties of the main political parties. They herald the renewal of politics. But Labour is on the edge of an abyss. This article considers what the left can learn from Labour's previous periods of defeat and revisionism, and suggests where—if it survives—it should go next.     

Progressivism in British Politics: Some Revisionist Themes

This article argues that a return to the history of progressive political thought can help us to think afresh about what a renewed centre‐left politics might look like today. The article identifies some significant aspects of this history that attracted little attention in earlier debates over the British progressive tradition—in particular, debates about social ownership, nationalism and distributism. This revisionist history of British progressivism points the way towards some common ideological ground that could provide a starting point for a new dialogue between different ‘progressive’ political parties and interests.