Guns,roses and democratization: Huntington's secret admirer in the Caucasus

Georgia is the most democratic country in the Caucasus, but arguably its democratization has also been riddled by Huntingtonian developmental crises, resulting in ethnic conflicts and civil wars. We argue that variation in the type of political instability is best understood by focusing on the interaction between nationalism and political institutionalization rather than on their independent effects. We show that Gamsakhurdia's “state-breaking nationalism”, coupled with political deinstitutionalization, produced separatist and centrist civil wars. When Saakashvili's “state-making nationalism” enhanced state capacity, it marginalized the opposition and rekindled frozen separatist conflicts, but stronger administrative institutions enabled the government to avert another revolutionary regime change.     

The state-in-society approach to the study of democratization with examples from Japan

How does an undemocratic country create democratic institutions and transform its polity in such a way that democratic values and practices become integral parts of its political culture? This article uses the case of Japan to advocate for a new theoretical approach to the study of democratization. In particular, it examines how theoretical models based on the European and North American experiences have difficulty explaining the process of democratization in Japan, and argues that a state-in-society approach is better suited to explaining the democratization process' diverse cultural contexts. Taking a bottom-up view of recent developments in Japanese civil society through the close examination of two cases – one traditional organization dating from the pre-war era (neighbourhood associations) and one new-style group formed in 2000 (Association of New Elder Citizens) – this article illustrates how Japanese citizens have democratized their political culture at the grassroots. The state-in-society approach to democratization is particularly useful for the study of democratization processes in non-Western countries where the development of democracy requires not only the modification of a traditional political culture but also the development of new, indigenous, democratic ideas and practices.     

Visualising violence: legitimacy and authority in the ‘war on terror’

This paper explores the relationship between visual representation and claims to legitimacy in the current George W. Bush administration's ‘war on terror’. Drawing on discourse theoretical works that focus analytical attention on the power of visual representation in communicating authority and legitimacy, this paper argues that crucial to such communicative acts is the rendering of a receptive audience complicit in particular interpretations of the images in question. While various visual representations construct political subjectivity and agency in different ways, common to all interpretations is the centralisation of an authoritative narrative. It is argued that this authorial voice must be challenged in the formulation of a politics resistant to dominant discourses of security/counter-terrorism in the West.     

自然资源国家所有权双阶构造说

祛除国家所有权的法律神话,遵循解释论立场的研究范式,中国语境中的自然资源国家所有权是一个法规范系统。该系统包含基础性规范、确权性规范、授权性规范及管制性规范四个单元,分别由宪法文本、物权法文本和特别法文本予以载明。具备转介功能的引致条款把各单元串联成一个整体。在现代法秩序中,所有权绝不是由某一个部门法“独家经营”的法律概念。就所有权类型的理论反思而言,自然资源国家所有权蕴含着宪法所有权与民法所有权的双阶构造,纯粹私权说与纯粹公权说均难谓恰当。就自然资源使用的法律调整机制而言,应回归公物与私物二元区分的大陆法传统,并对“非对物采掘类”与“对物采掘类”自然资源作类型化处理,由此形成不同的规范配置。     

Polarity,preponderance and power parity in the generation of international conflict

Almost a decade ago one of the authors introduced the concepts of “opportunity” and “willingness” in this journal (Starr, 1978). We have since devoted considerable attention to clarifying these concepts and their relationship to international conflict. In a series of recent articles we have focused on the micro/decision making/willingness level. In the present discussion we expand more fully on the macro/system/opportunity level, demonstrating through the use of logic and simulation that such decision processes operate within structures which appear logically to set limits, ceilings or constraints on the amount of conflict which is possible. We do so by using the different positions regarding polarity and conflict, and the parity vs. preponderance debate as starting points; (and come to some non‐obvious conclusions on the roles of power and system structure).     

Institutional Similarity and Interstate Conflict

This paper makes two arguments. First, the political and economic institutions of a state affect that state's foreign policy preferences. Second, dyads with similar political and economic institutions are less likely to experience conflict than other types of dyads. After developing the logic of these arguments, I create measures of political and economic institutional similarity and test the hypotheses against the empirical record. The empirical analysis supports the argument that dyadic institutional similarity reduces the likelihood of conflict. The most noteworthy finding is that economic institutional similarity, even when the political institutions in a dyad are dissimilar, reduces the likelihood of militarized conflict.     

Justifying violence: legitimacy,ideology and public support for police use of force

Under what conditions do people support police use of force? In this paper we assess some of the empirical links between police legitimacy, political ideology (right-wing authoritarianism and social dominance orientation), and support for ‘reasonable’ use of force (e.g. an officer striking a citizen in self-defence) and ‘excessive’ use of force (e.g. an officer using violence to arrest an unarmed person who is not offering violent resistance). Analysing data from an online survey with US participants (n?=?186) we find that legitimacy is a positive predictor of reasonable but not excessive police use of force, and that political ideology predicts support for excessive but not reasonable use of force. We conclude with the idea that legitimacy places normative constraints around police power. On the one hand, legitimacy is associated with increased support for the use of force, but only when violence is bounded within certain acceptable limits. On the other hand, excessive use of force seems to require an extra-legal justification that is – at least in our analysis – partly ideological. Our findings open up a new direction of research in what is currently a rather sparse psychological literature on the ability of legitimacy to ‘tame’ coercive power.     

商誉区间价值动态评估模型及实证研究

商誉价值受多种因素共同作用,同时商誉价值依附于企业,具有不可确指性。在充分考虑商誉特性、影响商誉的各类因素及企业经营风险的基础上,论文将不确定性区间决策矩阵及求解应用于商誉区间价值动态评估模型的构建并进行实证检验,从而使商誉评估价值更加客观、合理。     

行政权正当性流变的法治意义

传统行政法理论下,行政权的正当性源于立法权的民主正当性。为了适应新的形势下行政法治发展的需要,行政权正当性理论发生了变迁,推动了行政法理论和实践的发展,对行政法治具有重要法治意义。     

专业设置对法硕(法学)研究生思想状况的影响分析

专业认可度低、学习的迷惑、社会认可度低是法律硕士(法学)专业学位研究生思想状况的显著特点,其关键在于如何解决好明确的专业指导思想与未来发展方向多变、不明的矛盾,以及专业性质定位与法学本科教育、法硕教育、法学硕士教育碰撞与协调的矛盾。开展研究生思想工作,应重视和解决好在就业指导、导师配备、组织交流等方面存在的问题。