行政首长负责制的内涵与制度考量

在我国现行宪法中，明确规定了行政首长负责制度。通过对“行政首长”、“负责”等基本概念的分析可见，行政首长负责制是提升行政效率的必然之举；通过与法院委员会制比较，厘清行政首长负责制的固有属性。行政首长负责制所能够适应的领域以及相关理念制度构成了行政首长负责制得以运行的生态环境，通过内外两个层面的剖析，在深层次上探索权力运行的新模式。     

跨国企业食品安全与社会责任担当探析

从2006年美国的毒菠菜事件到2007年染毒点心事件,再纵观中国毒奶粉和肉制品食品安全事件,食品安全问题所呈现出的企业社会责任感的弱化再次引起公众的关注。企业社会责任在20世纪20年代由美国欧利文.谢尔顿首次提出。此后,美国和英国司法机构相继制定了利益相关法,以促进企业承担社会责任。本文认为,在经济全球化的背景下,跨国企业更好地承担社会责任,更好地进行法律规制,对于实现企业的长远利益具有积极的推动作用。     

论死刑案件的量刑

死刑是一种最严厉的刑罚方法,死刑制度是一项极其重要的刑事司法制度。把握好死刑案件的量刑,对于实现罪责刑均衡进而实现刑事法治至关重要。死刑案件的量刑应秉持责任主义观念,以责任刑制约预防刑,综合考虑量刑的法律效果、政治效果和社会效果,追求个案量刑的综合平衡,并辅之以隔离式相对独立的量刑程序,改善当前死刑案件的审理现状和量刑情况,严格控制和审慎适用死刑,以实现司法的公平公正。     

Social justice and women leaving prison: beyond punishment and exclusion

Questions related to social justice are often considered frivolous or irrelevant in the context of people who come into conflict with the law. Young (1990, Justice and the politics of difference, Princeton University Press) has pointed to the importance of social justice, especially in societies where the dominant perspective of the privileged is regarded as neutral (and presumably fair), while others remain oppressed and excluded. We investigate the relevance of social justice in the treatment of women who are in prison. Based on more than a decade of practice and four years of research with women in one of Canada's federal prisons for women, we explore the question of social justice in the context of a recreation and leisure initiative whose aim is to assist women not only while they are incarcerated but most especially on release. The social recreation program is brought into the prison by a restorative justice community‐based organization. Men and women from the community come into the prison to recreate together and, in that context of natural conversation, relaxation and dialogue, Circles of support may develop. If a Circle is formed, volunteer members then follow the woman into the community and support her efforts to live as a participating citizen on release. The relevance of the work of Circles in furthering social justice within a system that, despite recent potentially innovative approaches to incarcerating women, has struggled to move beyond traditional practices of punishment and exclusion, which tend not to encourage strong and healthy community life, will be explored.     

Critical justice consciousness: Social injustice and the criminal justice system

In this essay I examine the importance of social justice to my identity and the changing interpretation of my “justice consciousness” resulting from changes in my work life. Drawing on my academic experience as well as my experience as an attorney, I describe the meaning that social justice has for me. I also examine the connections that I see between social injustice and the operation of the critical justice system.     

Economically disadvantaged juvenile offenders tried in adult court are perceived as less able to understand their actions,but more guilty

We investigated the influence of a juvenile defendant's socioeconomic status (SES) on mock jurors’ perceptions of a juvenile tried in adult court. As predicted, participants convicted the low SES juvenile defendant of felony murder significantly more than the middle or high SES juvenile defendant. Yet, participants also rated the low SES juvenile as less mature than the middle or high SES juvenile – a belief that past research shows predicts leniency in verdicts (i.e., not guilty judgments). Finally, stereotypes about the criminality of low SES juvenile defendants, not a lack of perceived similarity, partially mediated the effect of SES on guilt.     

Business’ societal involvement: towards a moral view

Abstract

Businesses which function according to a neoliberal framework objectify society by seeing it as a mechanism to enhance profit. Businesses become involved on a societal level so as to portray themselves as caring and to generate positive publicity. This article critically discusses this relationship between business and society and then investigates two alternatives, namely, alternatives along the socialism-capitalism continuum and alternatives beyond the socialismcapitalism debate. In this relationship, conservation, eco-operation, empowerment, accord, succour and justice are important to business. The managerial relationship between business and society is analysed against the background of businesses’ involvement in society.     

Challenges in donor–NPO relationships in the context of corporate social investment

ABSTRACT

The purpose of this article is to highlight challenges in the relationship between corporate donors and recipient NPOs within the context of corporate social investment (CSI) in South Africa and to link the relational challenges to problems NPOs face in general. It is theoretically argued that CSI forms an important part of sustainable development and that NPOs, in turn, form an integral part of many organisations’ social investment. The challenges faced by them need addressing for the sake of NPOs, donors and society as a whole. It was found that although the stakeholder relationship generally shows both positive and negative perceptions of the parties involved, the challenges that exist can be traced to challenges in the everyday functioning of NPOs, including resource limitations and dependence; staffing problems; and strategy, management and environmental challenges. These challenges facing NPOs manifest in their relationship with donors and can be seen in the power imbalance in the relationship that favours donors, the lack of transparency by NPOs, divergent views on commitment, the questioned competence of NPOs, time constraints in the execution of activities, a perceived incomprehension by NPOs of the realities of the business world, and an unwillingness on the part of donors to allow NPOs some decision-making power.     

Utilising an Ubuntu-Centred Communication Management Framework to Analyse CSR Messages on SNSS

ABSTRACT

This article is the result of qualitative research conducted on the corporate social responsibility (CSR) communication disseminated by two financial institutions, FNB and Capitec, on their social networking sites (SNSs). The research employed a phenomenological research paradigm to explore the interactions between the financial institutions and their stakeholders on Facebook and Twitter. Collected data were analysed by means of interpretative discourse analysis as well as two computer-aided qualitative data analysis software programmes, Leximancer and Centim. The authors categorised the financial institutions’ CSR communication in themes and coded it according to a newly formulated theoretical framework of Ubuntu-centred communication practices on SNSs. It was found that FNB's CSR communication was based on Ubuntu values whereas Capitec's CSR communication did not exhibit key characteristics, such as the inclusion of narratives and archetypes, sound conflict resolution strategies, and the presentation of mutually beneficial solutions to societal issues. Based on the findings, it is proposed that organisation-stakeholder interactions can be facilitated when organisations disseminate CSR messages and constructively engage with stakeholders on SNSs. Moreover, culturally-specific communication management strategies, such as Ubuntu-centred communication, should be infused in holistic communication models to foster participatory online communities which are characterised by dialogue, mutual trust and reciprocity.     

The United Nations Assistance Mission in Afghanistan: Impartiality in New UN Peace Operations

Abstract

Set within the complex contemporary context of international interventions, UN peacekeeping operations have now evolved into peace operations. The emergence of the concepts of human security and the responsibility to protect have raised expectations that UN peace operations should deal with both macro and micro level insecurity in conflict and post-conflict situations, especially in the case of failed or collapsed states. Reflecting this development, the question of an appropriate framework in which to conceptualize peace operations has also been debated. This essay considers a conceptualization of UN peace operations from a conflict resolution perspective and analyses the case of the UN Assistance Mission in Afghanistan (UNAMA), using a framework of conflict transformation. It argues that the impartiality of UN operations has been reconceived in terms of the values of ‘human security’ and the ‘responsibility to protect’, making it vital to explicitly articulate the meaning and implications of ‘value-based’ impartiality.