A Post-development Hoax? (Re)-examining the Past,Present and Future of Development Studies

Because of the absence of evidence to show for its utility, the notion of ‘development’ has been fraught with many debates over the years. This paper is concerned with re-examining the future of development studies, based on its past and present trajectories. The argument here is that development may be useful if its norms and practices become context-specific and are made to benefit its purported beneficiaries. The chronology spans the period after World War II to the present day, and thus covers theories that envision alternatives. While this chronology is overlapping, we hope to show that development studies has been marked by both continuities and discontinuities.     

The social relations of money as universal equivalent: a response to Ingham

In a recent debate in Economy and Society, Ingham criticized Marxist theory of money on the grounds that it relates money to commodities through the labour theory of value, while ignoring credit money. Ingham suggested instead that money is constituted by social relations characteristic of credit, namely relations of ‘promise to pay’. Drawing on Marx, this article shows that, pace Ingham, it is necessary theoretically to relate money to commodities. Money is indeed constituted by social relations, but these are commercial relations among ‘foreign’ commodity owners, not credit relations. The social relations of money are successfully captured by Marx's concept of the universal equivalent, when that is interpreted as monopoly over the ability to buy. In this light, both commodity and credit money are forms of the universal equivalent, but qualitatively different from each other.     

Green consumer markets in the fight against climate change

Abstract

Climate change has become one of the greatest threats to environmental security, as attested by the growing frequency of severe flooding and storms, extreme temperatures and droughts. Accordingly, the European Union's (EU) 6th Environment Action Programme (2010) lists tackling climate change as its first priority. A key aim of the EU has been to cut CO₂ emissions, a major factor in climate change, by 8 per cent until 2012 and 20 per cent until 2020. The European Commission has proposed the encouragement of private consumer market for green products and services as one of several solutions to this problem. However, existing research suggests that the market share of these products has been only 3 per cent, although 30 per cent of individuals favour environmental and ethical goods. This article uses Public Goods Theory to explain why the contribution of the green consumer market to fighting climate change has been and possibly may remain limited without further public intervention.     

Economic development and democracy revisited: Why dependency theory is not yet dead

It is generally accepted that there is a relationship between economic development and democracy which can be demonstrated by quantitative empirical evidence. The difficulties of validating the empirical claims derive not so much from the measures of economic development as from the measures of democracy itself. Our inquiry deepens the investigation of the relationship by 'unpacking' the dependent variable into separate measures of eight core values of liberal democratic government for 40 countries over the period 1970-1998. Our model assumes that the quality of liberal democratic government is not one-dimensional but can be measured across this range of values, so creating 'performance profiles' and demonstrating the likely trade-offs across distinct democratic values. The results of the analysis confirm that economic development has positive effects on democratic performance, but these effects vary across diverse aspects of performance and also across regions.     

Games guards play: a self-report study of institutional deviance within the Texas Department of Criminal Justice

While most correctional officers adhere to the highest level of professionalism, some engage in institutional deviance during the course of their eight-hour shifts. In the present study, we administered 501 self-report questionnaires to correctional officers within the Texas Department of Criminal Justice. Respondents who reported that their supervisors were not supportive tended to admit to higher levels of institutional deviance than their peers, though peer support did not contribute to correctional officer deviance. Additionally, respondents who perceived their jobs to be less dangerous than other officers were more likely to have attitudes that were conducive to institutional deviance. Moreover, a perception of deviance among others also helped ‘normalize’ these acts in the prison setting and contributed to more favorable attitudes toward institutional deviance by correctional officers. Theory X and Theory Y is used to explain the lack of supervisory support that leads to institutional deviance among correctional officers. These findings have important policy implications toward reducing deviance among correctional officers, thereby making prison facilities safer and more secure.     

内幕交易犯罪识别路径研究:从发行人许可的“内幕交易”谈起

近年来,部分美国学者主张允许发行人许可的内幕交易,在我国执法环境中,上述行为大概率将被认定为具有行政违法性,但是否当然地引发对当事人刑事责任的追究则有待商榷。本文对我国内幕交易犯罪的法益识别理论进行了反思,主张根据以信义义务为基础的反欺诈理论对内幕交易中值得刑法保护的法益加以甄别。司法机关应当对内幕交易案件进行独立判断,在发行人许可并对特定内幕信息知情人参与交易的行为及时予以披露的情形当中,即便在超额收益与行为人所具备信息优势地位间存在可被证明的因果关系,因不存在对发行人和股东的欺诈,仍应考虑非犯罪化处理的可能。借此希望为司法实践提供一种有效、稳定且克制的裁判路径,缓解当前由行政机关把握内幕交易"入罪"节奏的实践难题。     

论美国行政法中的保护意图规则——兼议其对保护规范理论引入的启示

美国行政诉讼原告制度在自普通法样态逐步"公法化"的进程中形成了以实体法"保护意图"判定原告资格的保护意图规则,其核心逻辑同源起德国法的保护规范理论存在异曲同工之妙。作为类似法理在美国法背景下规则化的产物,保护意图规则对实体法"保护意图"的解读路径、规则构造,乃至其存在本身,和对于探讨我国有无必要排斥保护规范理论,以及构建保护规范理论的"中国法表达"等议题均极具参考意义。     

犯罪着手的教义学重述:学说对决、命题重证与具体解答

形式客观说并未丢弃实质,故其本为形式与实质相结合说。是否立足于构成要件行为是法益侵害紧迫危险性的刑法定型,决定了形式客观说和实质客观说各自是否为犯罪着手认定提供了明确标准,且是否导致犯罪着手认定的过于提前或推迟,进而决定了是否背离罪刑法定原则。犯罪着手的认定标准,应抛弃脱离形式限制的实质客观说而仍坚持形式客观说,但其“开始命题”应通过“基于大数法则的类型化危险形成说”而将犯罪着手的认定标准予以实质性落实。通过“基于大数法则的类型化危险形成说”,形式客观说对结合犯、隔离犯、徐行犯和原因自由行为型犯罪的着手能够做出妥当解答。     

社会实在的规范性与公私法的界限——与徐国栋教授商榷民法的“公私法混合说”

民法的＂公私法混合说＂建立在＂强行法说＂基础之上,该理论通过区分任意性规范和强制性规范把私法的范围限于任意性规范。强行法说预设了一种缺少规范性的＂社会实在＂：一方面忽略了法律对社会实在的构造功能,没能看到强制性规范与私人领域的构成性关系;另一方面忽略了通过强制性规范所表达的私人自治的规范性要素,没能看到强制性规范与私人领域之间在合法性意义上的共生性。尽管公私法的划分问题具有可争议性,但强行法说因其对社会实在的理解存在偏差而无法成为一种妥当的公私法界限理论,民法的＂公私法混合说＂自然无法成立。     

马来西亚对华关系背景分析:以马中建交过程为例

本文以马来西亚和中国建交过程(1949—1974)为例,利用层次分析法和多元启发理论分析马来西亚对华关系的背景。本文首先分析了马来西亚独立前(1945—1957)笼罩在英中关系之下的马中关系,并把它作为分析马来西亚独立初期马中冲突关系的生态历史背景;接着分析马来西亚独立之初到20世纪60年代末马中对抗与冲突关系的深刻背景,揭示国际格局与国家安全利益对一个国家对外政策的决定性影响;然后分析20世纪60年代末到70年代中期马中和解与建交的背景,诠释国际格局的变化、国内形势的发展、关键领导人的个人素养等因素导致一国对外政策的变化;最后对马中关系的曲折发展过程进行了综合分析与总结。