宪法失序与对行政权剩余的规制——以执行权的变迁为视角

我国现行宪法认为行政权是一种执行法律的权力,没有政治功能派分。但在宪政实践中,行政权既有执行功能,又有政治功能,其政治功能缺乏合法性。行政权的扩张使宪法失序,主要原因是现有宪法没有一套规制行政权非正式来源的有效方案。宪法沉默之处就是宪法危机之所。行政权的非正式来源有其必然性,外在的、事前或事后的、间断的宪法制约机制不足以规制行政权,必须有内在的、事中的、连续的宪法制约机制予以配合。规范主义宪法的有效性必须向生活领域开放;功能主义宪法观的合法性必须获得法治化建构。行政法治模式宜以规范主义宪法为基础,以功能主义为补充。行政的开放性、公民参与、法律程序是内在宪法制约机制的要素。     

浅议网络成瘾对青少年社会化的影响

要了解网络成瘾对青少年社会化的影响,首先必须了解造成青少年网络成瘾的社会背景和原因。在信息时代,青少年在学习、交友、家庭教育等方面不可避免地会遇到大量的问题和冲突,这也大大增加了他们惠上网络成瘾的可能性。青少年一旦成为网络成瘾者,他们的正常社会化进程将受到严重影响,具体表现在社会权威的树立、社会角色的形成、社会交往的模式三个方面。     

脑外伤所致精神障碍的影响因素

目的 对脑外伤所致各种精神障碍的发生率、表现形式及影响因素进行相关性研究.方法 以淮南市精神病医院近5年来进行医学鉴定的脑外伤所致各种精神障碍患者共388例为研究对象,在距脑外伤后6个月至1年内由至少3名精神科医师根据"中国精神疾病分类方案与诊断标准(第2版修订本)"(CCMD-2-R)对他们的精神状态进行评估.结果 (1)脑外伤所致精神障碍中智力障碍的发生率为74.2%,以轻度以下的智力障碍为主.(2)颅内血肿、脑干损伤、脑损伤范围、格拉斯哥分度量表评分(GCS)、合并精神障碍及文化程度对智力损伤程度的影响较大.(3)脑干损伤、颅内血肿、GCS、脑损伤范围、昏迷时间与有无智力障碍关系密切;脑损伤范围、脑挫裂伤、额叶损伤、颅内血肿与精神病性症状关系密切;额叶损伤、开颅治疗、颅内血肿与人格改变关系密切.结论 在颅脑创伤所致精神障碍的鉴定中,应结合颅脑创伤的性质,全面评估其精神状态.     

Continuity of aggressive antisocial behavior from childhood to adulthood: The question of phenotype definition

Aiming to clarify the adult phenotype of antisocial personality disorder (ASPD), the empirical literature on its childhood background among the disruptive behaviour disorders, such as attention deficit/hyperactivity disorder (AD/HD), oppositional defiant disorder (ODD), conduct disorder (CD), or hyperkinetic conduct disorder (HKCD), was reviewed according to the Robins and Guze criteria for nosological validity. At least half of hyperactive children develop ODD and about a third CD (i.e. AD/HD + CD or HKCD) before puberty. About half of children with this combined problem constellation develop antisocial personality disorder (ASPD) in adulthood. Family and adoption/twin studies indicate that AD/HD and CD share a high heritability and that, in addition, there may be specific environmental effects for criminal behaviours. “Zones of rarity” delineating the disorders from each other, or from the normal variation, have not been identified. Neurophysiology, brain imaging, neurochemistry, neurocognition, or molecular genetics have not provided “external validity” for any of the diagnostic categories used today. Deficient mental functions, such as inattention, poor executive functions, poor verbal learning, and impaired social interaction (empathy), seem to form unspecific susceptibility factors. As none of today's proposed syndromes (e.g. AD/HD or psychopathy) seems to describe a natural category, a dimensional behavioural phenotype reflecting aggressive antisocial behaviours assessed by numbers of behaviours, the severity of their consequences and how early is their age at onset, which will be closely related to childhood hyperactivity, would bring conceptual clarity, and may form the basis for further probing into mental, cognitive, biological and treatment-related co-varying features.     

Trends in Substance Use by Gender Among Participants in a Jail-Based Substance Use Disorder Treatment Program: 1998–2016

Understanding trends in substance use by gender among jail-based treatment program participants can inform policies and programs tailored to this population. Preprogram assessment data from 3509 individuals entering a jail-based substance use disorder treatment program in Missouri between 1998 and 2016 were analyzed. Primary outcome was program participants’ strongly preferred substances. Demographic covariates and drug preferences were compared between males and females. Average yearly trends in preferred substances were calculated. While 25.8% of the sample preferred heroin, it was more strongly preferred by women (36.4%) than men (22.0%, p < 0.0001). Alcohol and marijuana were preferred more by males. Overall, preferences for heroin and methamphetamine increased over time while alcohol, marijuana, and other stimulants decreased. Women being more likely to prefer heroin and the increasing preference for heroin over time are consistent with national trends. Offering evidence-based treatment like pharmacotherapy and gender-sensitive approaches can help address the needs of this vulnerable population.     

Spirit and being: interdisciplinary reflections on drugs across history and politics

Abstract

Few commodities are as global as drugs. Cannabis, opium, heroin, amphetamines, lysergic acid diethylamide (LSD), khat, psychedelic cacti and mushrooms as well as an interminable list of other natural or synthesised substances travel and are consumed around the globe for all possible reasons. Human migration, trade, cultural trends, medical practice, political repression: together they constitute the drug phenomenon today – and indeed in much of human history. In this, drugs are spirit-like commodities, their value resting upon a fundamental ambiguity made up of individual, psychological, social, cultural, economic and medical circumstances. Defining a drug is an attempt at defining a spirit on the edge, which metamorphoses in time and space. At the same time, drugs remain a fundamentally political object. They are substances controlled by states, through mechanisms of policing, legitimated by judicial and medical evaluation, condemned often on moral grounds. Situated between a fluid social existence and a static legal dimension, drugs can become inspiring hermeneutic objects of study.     

Maintaining disorder: the micropolitics of drugs policy in Iran

Abstract

This article analyses the ways in which the state ‘treats’ addiction among precarious drug (ab)users in Iran. While most Muslim-majority as well as some Western states have been reluctant to adopt harm reduction measures, the Islamic Republic of Iran has done so on a nationwide scale and through a sophisticated system of welfare intervention. Additionally, it has introduced devices of management of ‘addiction’ (the ‘camps’) that defy statist modes of punishment and private violence. What legal and ethical framework has this new situation engendered? And what does this new situation tell us about the governmentality of the state? Through a combination of historical analysis and ethnographic fieldwork, the article analyses the paradigm of government of the Iranian state with regard to disorder as embodied by the lives of poor drug (ab)users.     

Under the analphabête series

Theatre

Speech (The Predicament of Three Women in the Nuclear Age), written and directed by Avram Patt, Theatre for the New York City, October 1983, New York City

Fen, by Caryl Churchill directed by Les Waters, London Joint Stock Theatre Group's production presented by Joseph Paff at the Public Theatre, New York City

Top Girls, by Caryl Churchill, directed by Max Stafford‐Clark, Royal Theatre Court production presented by Joseph Papp at The Public Theatre, New York City

Sophie, by comedienne Judy Sloan, October 1983, at the Gay Women's Alternative, New York City.

Awake Sleeping Heart, a collage for five women based on the life, journals and paintings of the Mexican artist Fri‐da Kahlo, conceived and directed by Emma Missouri, October 1983, Northampton, Massachusetts

Antigone Too: Rites of Love and Defiance, written and directed by Martha Boesing for At the Foot of the Mountain, August 1983, at the People's Center, Minneapolis, Minnesota

Orgasmo Adulto Escapes from the Zoo, by Dario Fo and Franca Rame, performed by Estelle Parsons at the Public Theatre, New York City, Fall 1983.

Dance

Celebration of Traditional Cultures, La Mama Annex, November 11–13, 1983.

History, An American Dream, by Anne Bogart, St. Mark's Church, October, 1983.

Vamot A Andar (Let's Get Going), Wallflower Order and Grupo Raiz, October, 1983, Symphony Space, New York City

Testimonies, New York City Political Dancers, Merce Cunningham Dance Studio, August 1983.

Set and Reset, Trisha Brown and Company, Brooklyn Academy of Music, October 1983.

Books

The Amazing Decade: Women and Performance Art in America 1970–1980, edited by Moira Roth. Los Angeles: Astro Ariz, 1983. 149 pp., bibliographies. Cloth: $25.00; paper: $12.50

Woman and Spirituality by Carol Ochs. Totowa, New Jersey: Rowman and Allanheld, 1983. 144 pp., notes, bibliography, index. Cloth: $16.95

Women In Music: An Anthology of Source Readings from the Middle Ages to the Present, edited by Carol Neuls‐Bates. New York: Harper &; Row, 1982. 332 pp., selected bibliography, index, illustrations. Cloth: $18.50

American Women Composers Before 1870 by Judith Tick. Ann Arbor, Michigan: UMI Research Press, 1983. 233 pp., appendix, notes, bibliography, index. Cloth: $44.95

Louise Farrenc, 1840–1875 by Bea Friedland. Ann Arbor, Michigan: UMI Research Press, 1980. 177 pp., appendices, notes, bibliography, index. Cloth: $49.95

Mourning Dress: A Costume and Social History by Lou Taylor, Boston: Allen &; Unwin, 1983. 287 pp., appendices, chapter notes, select bibliography, index. Cloth: $24.50

Listings     

Antecedents and Consequences of Psychiatric Disorders in African-American Adolescents

This study included three waves of data, collected from approximately 890 African-American children and their families. Antecedents and consequences of psychiatric disorders among this population were examined. Children’s temperament, pubertal timing, and experience of stressful life events were tested as antecedents of psychiatric disorders. Several aspects of school functioning were then tested as consequences of psychiatric disorders. In addition, children with a single psychiatric disorder and those with comorbid disorders were statistically compared. Results showed that (1) children with at least one disorder, compared to those with no disorder, exhibited significantly more difficult temperament, experienced puberty earlier, and underwent greater numbers of stressful life events; (2) those with at least one disorder had significantly poorer school outcomes than those with no disorder; (3) children with comorbid disorders, compared with those who had only one disorder, displayed lower educational aspirations and poorer school commitment.