贵州农村问题构建与农村发展——基于社会公平价值理性视角的研究

人类理性分为工具理性和价值理性。在政策问题构建过程中,理性决定着人们对问题的认识。30多年的改革开放,工具理性占据主导地位,使贵州物质财富得到极大的发展,但也产生了众多问题。现阶段应该呼吁价值理性的回归,尤其是社会公平价值理性。文章以社会公平价值理性为视角,以贵州农村问题为脚本,运用威廉·N·邓恩的政策问题构建模型,通过实地调研,阐述贵州农村问题产生的主要原因——政府资源不公平的配置,并提出解决问题的思路。     

制定侵权责任法的方法论思考

制定侵权责任法,是将社会生活中存在的法予以法典化的工作,包括继受以往立法及司法解释经实践检验的正确规则、借鉴国外的成功经验以及对社会出现的新类型直接从社会生活中找法。既要保护受害人,也要兼顾社会生产和社会公益事业发展,遵循公平原则并与保险、社会救济相互协调。必须依类型化原理把握事物的质的方面,避免立法过细或者过简,创制科学的侵权责任体系。     

实现社会公平正义的司法考量

实现社会公平正义是党的十八大及十八届三中全会确立的伟大目标，也是全社会的共同期待。党的十八届四中全会通过的《中共中央关于全面推进依法治国若干重大问题的决定》指出：公正是法治的生命线。司法作为定纷止争的最后手段，是维护社会公平正义的最后一道防线。在我国，由于冤假错案的不时出现、司法腐败和司法负面消息的不时传出，严重损害了司法威信，加之我国重访轻诉的司法文化造成司法的确定性不足，致使司法在维护社会公平正义方面的作用没有得到充分发挥。司法改革应从立法层面、司法实践层面、制度保障方面全面推进，确保司法公正，以期让人民群众在每一个司法案件中都能感受到公平正义。     

Why Is Homeownership Associated With Nonfinancial Benefits? A Path Analysis of Competing Mechanisms

Four mechanisms may underlie a homeownership effect: residential stability, perceived control, social identity, and financial interest. Path analysis of survey data collected from lower-income households suggests that the length of time lived in the dwelling and the participant's sense of control mediate the association of homeownership with civic engagement and health outcomes. The magnitude of this homeownership effect depends upon higher levels of home equity and increases after controlling for single-family detached housing. While much of the homeownership effect remains unexplained, the findings suggest that the nonfinancial benefits of owning a home are influenced by home equity and dwelling type yet are driven by residential stability and perceived control. These mechanisms could be leveraged to benefit renters.     

对魏伊丝代际公平说的全面反思

为保护地球环境资源而创设的代际公平理论是建立在两个错误认识的基础上的,即把集合概念的人类视为类概念的人类和把地球环境资源财产化。假如没有后代人,人们也同样应该承担保护地球环境的义务。魏伊丝舍今世而求助于后代人及其权利,其原因在于权利时代所型塑出来的权利思维模式和路径依赖。虽然代际公平理论能够给我们提供观察和解决环境问题的时间视角,但它本身并不是什么新的法律理念,无法担负起指导现代环境法制建设和环境保护实践的重任。     

Teaching Obama: history,critical race theory and social work education

ABSTRACT

Barack Obama's first autobiography, Dreams from My Father (1995), explores themes of race and identity up to the late 1980s in the life of the first African American president. The book emphasizes Obama's personal struggle as the son of an interracial couple, and the social and environmental context that shaped his growth and transformation. Using the tools of critical race theory, Freeman illustrates how Obama's autobiography can be used in the classroom to explore an individual's developing racial consciousness in the 1970s and 1980s, and as a prism through which students can understand what it means to live in the post-civil-rights-movement era. Obama's life history illuminates how the ideas and meanings of racial progress in the United States are contested and struggled over on a daily basis at both the micro and macro level.     

Prejudice against Gypsies among Spanish adolescents

This article examines the attitudes of Spanish adolescents towards Gypsies, the most discriminated group in Spain, by looking at two distinct attitudinal components: the first, the cognitive component, was studied by measuring a willingness to extend twelve rights to Gypsies; the second, the affective component, by assessing a liking for this group. The research demonstrated that the adolescents' willingness to extend rights to Gypsies was greater than their liking for them. Furthermore, the adolescents were more willing to extend social rights than political ones. Older adolescents, females, those with higher self-esteem, greater political experience, a more resolute endorsement of democratic norms and a stronger identification with a group of friends presented more positive attitudes towards Gypsies. On the other hand, adolescents who were more supportive of violent groups, more strongly identified with the Catholic Church, other religious groups or a soccer team showed more negative attitudes towards Gypsies.     

把握公平与效率的双重价值取向——论我国商标权取得制度的完善

商标权取得制度是商标法的核心,也是解决商标争议的根本依据。我国商标法较多地借鉴了大陆法系国家的商标法,并且具有浓厚的商标行政管理法特色,在商标权取得制度上偏重于商标注册和管理的效率性,较少体现公平,客观上使得商标抢注成风、不公平竞争泛滥、问题商标成灾,最终导致了整体效率的丧失。美国兰哈姆法坚持公平优先,兼顾效率,使两者有机结合、相辅相成,其商标权取得制度建立在使用主义的基础上,并科学地引入了在先申请主义的内容,使其制度设计不断优化,为我国商标法的修改和完善提供了可资借鉴的范本。     

Racial and Ethnic Differences in the Likelihood of Marriage: The Effect of Incarceration

Researchers have highlighted the importance of marriage when studying variation in deviance over the life course, but few studies have examined the effect that incarceration has on marriage or have considered variation by race and ethnicity. Using data from the National Longitudinal Survey of Youth (NLSY), this study contrasts the effect of incarceration on the likelihood of marriage for White, Black, and Hispanic males. Incarceration reduced the chances of marriage for all men, but had a significantly stronger effect on the marital outcomes for Whites. Although Whites were most likely to be married overall, incarceration was associated with a 59 percent decline in the odds of marriage for Whites, and the odds of marriage decreased 30 percent for Blacks and 41 percent for Hispanics. The association was maintained even after controlling for time‐varying life‐course events and static individual‐level factors. This research has important implications for the study of the incarceration and the consequences it can have for spouses, families, and communities.     

The Influence of Places on Police Decision Pathways: From Call for Service to Arrest

Research on factors that influence police discretion usually focuses on individual or situational characteristics (e.g., an officer or citizen's age, race or gender, or the seriousness of the incident). In contrast, this study examines whether characteristics of places influence police decisions to “upgrade” or “downgrade” their response to incidents. Earlier research is expanded in three ways: first, rather than examining an isolated decision within the series of decisions that make up an incident, a series of chronological decisions within a “decision‐making pathway” is derived and analyzed. Second, multiple categories of racial and ethnic composition of places and their influence on police decision‐making pathways are examined. Third, decision pathways of a variety of incidents at small geographic places are compared across an entire jurisdiction. Findings indicate that, even when controlling for the level of violence, places with a greater proportion of Black or wealthy residents significantly influence officers' decisions to downgrade crime classifications and actions taken on incidents reported to the police.