转化型抢劫罪的未遂形态及其认定

转化型抢劫与普通抢劫罪一样,具有相同性质的法益侵害特征,它们都可区分既遂与未遂形态,且区分的标准不应该有本质上的差异。转化型抢劫的本质特征就在于行为性质的转化,不能把转化型抢劫的“着手实行”提前到转化前的行为。转化型抢劫罪同样是以行为人实施暴力、威胁后是否取得财物作为其既遂和未遂的划分标准。     

The Importance of Design in Affordable Housing: Lessons From Mutual Self-Help Housing in California

We focus on three nonprofit organizations developing mutual self-help housing and analyze their projects to examine how they are addressing cost increases. We find that instead of using simpler designs, they are developing more elaborate homes through intricate financing. We are critical of this evolution. First, we suggest that the original modest house design of mutual self-help housing allowed for more affordable housing through post-occupancy improvements and de facto incremental development. Second, after the modest design was replaced with a larger model, development costs increased. Despite financial innovations, including longer loan terms and secondary financing, participation by poor households dropped. Third, we urge a return to the modest housing idea. Fourth, we call for policymakers to better integrate design-based thinking in housing policy.     

Leaving Homelessness Behind: Housing Decisions Among Families Exiting Shelter

Because homelessness assistance programs are designed to help families, it is important for policymakers and practitioners to understand how families experiencing homelessness make housing decisions, particularly when they decide not to use available services. This study explores those decisions using in-depth qualitative interviews with 80 families recruited in shelters across four sites approximately six months after they were assigned to one of four conditions (permanent housing subsidies, project-based transitional housing, community-based rapid re-housing, or usual care). Familiar neighborhoods near children's schools, transportation, family and friends, and stability were important to families across conditions. Program restrictions on eligibility constrained family choices. Subsidized housing was the most desired intervention, and families leased up at higher rates than in other studies of poor families. Respondents were least comfortable in and most likely to leave transitional housing. Uncertainty associated with community-based rapid re-housing generated considerable anxiety. Across interventions, many families had to make unhappy compromises, often leading to further moves. Policy recommendations are offered.     

From the Subject of Evil to the Evil Subject: “Cultural Difference” in Postapartheid South African Crime Fiction

This article takes up the question of “crime writing” and rejoins the debate around whether such literature stands in for the “political novel” in postapartheid South Africa. What social function might crime writing be serving? Research by political economists and cultural anthropologists suggests that acts of writing in “social detection” mode (rather than “crime writing”) serve as an allegory for occulted sociopolitical conditions. Cultural difference is seen, once again, to play a pivotal role in the legitimation of power, and writers in the detection mode are correspondingly seen to be probing the possibility of a resurgence of “bad” difference. This notion, it is argued, is a key differentiator in an otherwise murky scene in which the borderline between licit and illicit, and right and wrong, has become obscure. While many South African writers are brought into the discussion, including but not restricted to crime authors, a key novel by leading crime writer Deon Meyer is read as a case study to illustrate the more general points made in the article.     

How democracy ends,by David Runciman

In 2006, Poland and Romania embarked on renewed lustration programmes. These late lustration policies expanded the scope and transparency measures associated with lustration as a form of transitional justice. While early lustration measures targeted political elites, late lustration policies include public and private sector positions, such as journalists, academics, business leaders, and others in ‘positions of public trust’. Given the legal controversy and moral complexity surrounding lustration, why lustrate so late in the post-communist transition and why expand the policies? The dominant explanation is that lustration is a tool of party politics and is a threat to democratic consolidation. However, the late lustration programmes do not fit this hypothesis neatly. The new laws have been restructured and packaged with other reform programmes, specifically anticorruption programmes. Late lustration has evolved to include economic and social, as well as political concerns. As such, some post-communist governments in Central and Eastern Europe appear to be trying to use lustration as a way to further the democratic transitions by addressing remaining public concerns about corruption, distrust, and inequality.     

Book reviews

The ongoing experiment of transitional justice (TJ) may soon find a new testing ground in Burundi. A long anticipated truth and reconciliation commission (TRC) is slated for establishment in the near future. Yet, Burundi continues to face longstanding and deep-rooted problems in its social, political, legal and institutional landscape that will fall outside of the remit of the TRC process, but that stand to negatively affect that process. Absent reform in these areas, the risk exists that the TRC may be judged as little more than inconsequential chatter by a population that has already suffered decades of violent conflict, social exclusion, corruption, and impunity. Informed by theories of transformative justice, this examination considers the potential shortcomings of TJ mechanisms where such reforms are yet to take place. It is argued that in contexts like Burundi, where impunity has become the norm, TJ mechanisms should form one part of a more combined process that ultimately aims to tackle the structures and dynamics that led to violence and that are reproduced in the present.     

The Geography of the Recent Housing Crisis: The Role of Urban Form

This study maps the geography of the recent housing crisis within and across American metropolitan areas, and evaluates how it is related to a series of spatial and socioeconomic variables at neighborhood and metropolitan levels. It finds that the spatial patterns of housing recessions vary widely by region. In general, fast-growing metropolitan areas in the Southwest and Florida experienced not only deeper but also longer housing recessions. In contrast, metropolitan areas in the South (except in Florida) saw shallower and shorter housing recessions. Metropolitan areas in the Midwest and Northeast had fewer price declines in the crisis, but their housing recessions tended to be longer. Housing recessions tend to be deeper and longer in larger metropolitan areas. Neighborhoods located closer to city centers experienced shallower and shorter recessions compared with those in fringe areas. Even after controlling for many other variables, automobile dependency is still a strong and positive predictor of housing recession depth and duration. The effects of other urban form variables, such as land-use density and mixed use, are mixed and vary by region. The significance of the effects of neighborhood demographic variables on recession depth is highly dependent on the inclusion of high-risk loan in the model, suggesting that predatory and high-risk lending is one major reason why lower income and minority neighborhoods were hit harder by the recent housing crisis. The effects of high-risk loan and neighborhood demographic variables on housing recession duration, however, are rather weak.     

Disciplinary Divides in Post-Conflict Justice and Peace: Tracking If and How we Share Ideas

ABSTRACT

The study of post-conflict justice and peace incorporates ideas from many disciplines and on a range of topics including justice, reconciliation, democratization, and peace. While diversity is valuable, it can also lead to confusion in theory and practice and so requires close evaluation of how diverse ideas interact, and to what end. This paper begins the systematic examination of such interactions by using new bibliometric software to track citations between two particularly influential literatures contributing to post-conflict theory: the legal and the psychosocial. The paper describes how these traditions interact and the impact on the post-conflict literature as a whole.     

汉字形体美学初论

汉字美学研究,应以汉字在现代和当代的发展以及受众的切实文化需求为背景,汉字美学的对象应该是汉字形体生成及其具体应用之美的所有主要方面,包括汉字作为书法艺术作品的美和汉字在具体生活应用中适应各种目的和场合,运用各种材料、工具、方法和手段而生成和呈现出来的各种形式之美,而不仅仅是传统书法艺术所论述的汉字书写的美。     

世界历史性视阈中的中国传统文化及其转型

传统文化的原生形态大都形成于相对比较封闭、狭隘的民族性历史时代,其次生形态、再生形态的形成则离不开与其他民族文化的相互沟通和交流。在当代,遏制传统文化中的消极和保守的因素,赋予传统文化以新的时代价值和意义,并在与不同文化的沟通交流中促进传统文化的再生形态的形成,实现中国传统文化的世界性转型。