公民本位生存模式的伦理建构

技术理性思维方式对人类社会进行规划和设计,给人类带来的结果不仅是人类个体价值受到压抑,而且压抑了个体的道德中对他者负责的伦理意识,人类社会政治越来越依靠科学化和程序好的方式来管理。因此,我们需要抛除满足人的物质需求就是社会的发展,丰裕的物质增长就会带来民主和社会的想法,寻求人类对社会主体的关注度,构建公民本位生存模式,回归人类政治生活世界的本真向度。     

Bill Passage Speed in the US House: A Test of a Vote Buying Model of the Legislative Process

This article constitutes a test of central tenets of vote buying theories using data on the number of days it takes to pass important bills in the US House. Survival analyses of a model of bill passage length provide confirmatory evidence of vote buying by presidents and the congressional leadership. Bills that attract buyers of votes to maintain the status quo are shown to pass more quickly than those that do not. Bills on the president's agenda and those that are relatively close to members' ideal points also pass quickly. The analyses furnish some interesting insights into possible efforts to make the legislative process quicker.     

公证立案的危害性评析

由于法院拒绝立案或倡导公证,导致当事人对申请法院立案的过程进行公证。这种现象的出现,不仅损害了司法公信力和司法权威,而且违背司法权制度的设计理念。人民法院不应该规避矛盾,而应具有承担使命的司法勇气和司法智慧。     

农民工社会支持网络:缺失与构建——武汉市农民工思想道德状况调查分析

少数农民工违法犯罪,主要与社会支持网络缺失所造成的农民工社会弱势地位有关.文中在分析农民工生存状况的基础上,从社会关系网络、参与网络和保障网络三个方面具体分析了农民工的社会支持网络,并在此基础上探讨了农民工社会支持网络缺失的原因,要改变农民工的社会弱势地位,必须积极构建农民工社会支持网络.     

Predicting pretrial misconduct with drug tests of arrestees: Evidence from eight settings

Identifying defendants at high risk of pretrial misconduct is a major problem for the judiciary. Currently, some have argued that testing arrestees for recent drug use is one way to distinguish between those who will and those who will not commit pretrial misconduct. The research reported here questions whether the incremental predictive power resulting from drug testing always improves predictions of pretrial misconduct. Using survival analysis to study time until rearrest and a probit model to analyze the occurrence of a failure to appear, we show that urine test results have no consistent power to predict pretrial misconduct after accounting for defendant's criminal records, community ties, and other factors commonly known by the court. These results are based on our analysis of eight data sets from different locales, time periods, and age groups.     

Survival Rates in Bankruptcy Systems: Overlooking the Evidence

Extensive research on bankruptcy still has not made it possible to end the efficiency discussion concerning the need for a reorganization provision in bankruptcy laws. In this paper, I discuss the pervasiveness of asset sales in bankruptcy procedures and the effect it has on survival rates. Without these figures on going concern asset sales Western countries show astonishingly low firm survival rates. In addition, it becomes clear that the bankruptcy system in the US may be under-researched to such an extent that it seriously confounds our view of bankruptcy resolution.     

民事强制执行中生存权与债权的冲突与平衡

在法律规范的层面,民事强制执行程序存在着平衡生存权与债权关系的三层结构.这种正反合的制衡关系,既能够保障被执行人及其所扶养家属的基本生存权,同时又不对债权的实现构成不正当的妨害.但是,由于我国民事诉讼法在立法技术上存在缺陷,而司法解释又受到强势利益集团的影响,导致实践中对生存权与债权之间的关系在认识上有所偏差.为了改变这一状况,应当强化对生存权的保护,同时界定"生活所需的房屋"的范围,并建立相关的配套措施.     

Elite Co-optation,Repression, and Coups in Autocracies

This article provides an explanation for the significant variation in coups in autocracies. The existing theoretical literature focuses on the strategies that leaders use to thwart mass mobilization and survive in power. However, most autocratic leaders lose power through a coup, indicating that the main threats to political survival in autocracies emerge from insiders and not from outside the incumbent coalition. This article focuses on leaders’ strategies to mitigate elite threats and argues that autocrats’ strategies of co-optation and repression within the ruling elite and the armed forces affect the risk of coups in opposite ways. Elected authoritarian legislatures are instruments that leaders employ to co-opt members of the incumbent coalition and are expected to decrease the likelihood of coups. In contrast, purges of insider actors constitute a repressive strategy that depletes bases of support and increases the risk of coups. We find empirical support for these hypotheses from a sample of all authoritarian regimes from 1950 to 2004.     

Policy Monitoring and Ministerial Survival: Evidence from Multiparty Presidentialism

Studies on policy monitoring and ministerial survival within coalition governments are usually conducted separately. In this study, we bring these topics together and argue that the strategy of coalition partners to oversee the implementation of one another's policies has surprising consequences on the duration of office-holding ministers. Our main theoretical insight suggests that the degree to which ministers behave as faithful agents of the government depends on their expectations about their partners' monitoring behavior, such that when they expect to be under high scrutiny, they moderate their drifting behavior. Using evidence from legislative information requests on the activities of individual ministers over all multiparty cabinets formed in Brazil between 1995 and 2014, we demonstrate that: (1) greater policy monitoring by coalition partners is observed under more ideologically heterogeneous cabinets, and (2) more frequent policy-monitoring efforts by coalition partners lead to a lower ministerial replacement within the government term.     

康德与王国维审美启蒙论的情性论分歧

作为中西方现代审美启蒙观念的奠基人,康德和王国维关于人类情性教化的具体思路却未尝相同。在晚年康德笔下,“黏液质情性”的地位超过了“黑胆汁质”情性,其中体现出其以禁欲主义的无功利化审美方案疗治忧郁情性的动机。相比起康德的方案,王国维在相信“不可爱”的人性论现实的同时,更渴望保留“可爱”的人生理想和生命激情。出于这一动机,王国维借助叔本华的学说,提出关于“势力之欲”的生存本体论,从中发展出一套用良性嗜好取代恶性嗜好的务实的情性疗治方案。