“新工人阶级”的法治生存之道

美国《时代》周刊把中国工人列为2009年度人物亚军,展示了中国工人的力量.在一个不断物质化以及“弱势群体”边缘化的社会,“把工人阶级带回分析的中心”有其理论和方法论意义.梳理工人阶级的历史变迁脉络,廓清“新工人阶级”的法治生存境况,把握作为“阶级”抑或“阶层”的工人群体的主体性及其内涵,是我们辨析其法律身份认同和共同意识的前提和基础.而要使他们真正回归“劳动者”,必须发掘其内在的力量,在法治的轨道上实现其结社自由和罢工权利.     

The securitization of democracy: Freedom House ratings of Russia

This article explores the claims of Russian officials that US assessments of economic and political developments in Russia, particularly those of Freedom House (FH), are excessively critical and often used to justify global dominance. To assess the validity of such claims, three different influences are considered: culture, power, and special interests. The article finds that all three, each with roots in the cold war, play a role in shaping assessments of Russia and help to explain why FH's analysis of Russia is more critical than the analysis of other organizations. The politics of special interests is found to be particularly influential and reflects the interests of US national security policies and priorities. Such priorities are also linked to a politics of memory derived from the cold war, which often influences perceptions of Russia as a threat rather than as a potential partner.     

Tiananmen as treated by the Christian Science Monitor

Focusing on one medium's specific responses to a specific news crisis, print coverage by the Christian Science Publishing Company on the Tiananmen Square incident is compared to that of the Boston Globe, Los Angeles Times, New York Times (Springfield, MA), Sunday Republican, Wall Street Journal, and Washington Post. The Christian Science Monitor, a newspaper internationally known for its objective, balanced reportage, is described and discussed, particularly regarding its pre‐ and post‐Tiananmen coverage. Its 185 articles beginning June 4, 1989, until a year later are delineated, along with the eight that appeared in the Christian Science Publishing Company's new monthly magazine, World Monitor. The argument is advanced that, despite major changes, the Monitor remains an invaluable media resource to both scholars and the lay public for unbiased reportage.     

Introduction to Kirchheimer

Mainly through examining an essay by Iris Marion Young on policy and treatment for pregnant drug users, I compare the feminist ethic of care with the ethics of Michel Foucault, which, I argue, are founded upon the value of freedom. I find several contradictions in Young's work. She criticizes universalization, but does not avoid it herself; she espouses the value of freedom, yet wants the other to conform to her own values. I argue that the problem lies in Young's liberal-humanist understanding of freedom and its relation to ethics. Foucault's understanding of freedom is a sounder base for an ethics, and this provides needed support for the concept of caring. It also yields new perspectives on social problems such as drugs.     

Where to draw the line? From degree to dichotomy in measures of democracy

While there is much debate about the merits of dichotomous versus continuous measures of democracy, surprisingly little attention is paid to the question as to how to go from degree to dichotomy. This study identifies no less than 38 different ways in which Freedom House and Polity scores have been used to distinguish between democracies and non-democracies. The analysis shows that it is difficult to draw the line in measures of democracy, even for Freedom House and Polity themselves. These problems are illustrated with the help of a recent study on democratization in Africa. The conclusion formulates some guidelines for good practice and points at the potential of disaggregated scores to distinguish between democracy and dictatorship.     

O tratamento jurisdicional das liberdades comunicativas na sociedade da informação no brasil

The study part of the proposed constitutional foundations laid in the model of the democratic rule of law, guided by convictions more human and sympathetic, in contrast to previous models carved under the aegis of dissociated financial aspirations of the relevance of a social growth. Among the arguments contained in the Constitution, it becomes two faces of freedom of expression —freedom of the press and the right to information— both in order to corroborate the importance of these values within a democratic society. Moreover, focusing on virtual relationships, we seek to understand what the decision-making positions in Brazil, in relation to press freedoms and the right to information. Finally, mention was made that there is the seat of the two main national courts (Supreme Court and Superior Court of Justice), negative bias over the Internet, going on, but the actual implementation of communicative freedoms, individual cases interpreting the light of constitutional prism and nuances that requires the digital environment, as a new reality in which human relationships are given.     

Opening up government data for Big Data analysis and public benefit

Governments around the world are posting many thousands of their datasets on online portals. A major purpose of releasing this data is to drive innovation through Big Data analysis, as well as to promote government transparency and accountability. This article considers the benefits and risks of releasing government data as open data, and identifies the challenges the Australian government faces in releasing its data into the public domain. The Australian government has ambitious aims to release greater amounts of its data to the public. However, it is likely this task will prove difficult due to uncertainties surrounding the reliability of de-identification and the requirements of privacy law, as well as a public service culture which is yet to fully embrace the open data movement.     

Freedom of choice,gender equality,or employment promotion? Finnish party positions on childcare in the light of election manifestos 2015

The principle of freedom of choice in childcare matters has been a central element of Finnish family policy since the 1980s and is something that makes the country unique in an international comparison. One the one hand, this principle has been manifested as a legislated right for parents, notably mothers, to choose paid work supported by the use of public childcare. On the other hand, it has also given parents with children under three the right to stay at home with their children and to receive a child home care allowance during this period. This dualism has been widely popular among parents and has also been seen by most leading parties as something that is good for families. However, since the outbreak of the international financial crisis, this system has faced increasing criticism from some experts and politicians, which has made the principle of freedom of choice, and especially the child home care allowance/leave, susceptible to renegotiation. This article investigates how the principle of freedom of choice was politicized by eight leading parties during the Finnish parliamentary election campaign in 2015, through an analysis of election manifestos. First, we analyse to what extent this principle was politicized, and by whom. Secondly, we study how the principle was framed. The findings show that the principle of freedom of choice was a rather politicized topic, creating a cleavage between conservative and leftist/liberal parties. Moreover, they indicate a renegotiation of this principle in favour of higher parental employment promotion and gender equality.     

对契约正义的一种解读——现代法律对契约自由的限制

现代法律中的契约正义,并非古典契约理论所描述的那样,只要契约是当事人自由意志的表示,那就是公正和正义的。古典契约理论“契约即正义”的命题受到了现代社会政治、经济、文化等诸多因素的影响,对契约自由予以法律上的诸多限制,以期通过契约法律实现社会分配的公正,是现代契约正义的应有之意。     

私法自治的基本内涵

私法自治是大陆法系民法的一个基本原则,它是私法主体根据自己的意思形成私法关系的自由。私法自治强调人的主体性,它以法秩序为前提,并通过法律行为予以实现。