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.     

Latino Adolescents’ Civic Development in the United States: Research Results from the IEA Civic Education Study

Many studies have reported gaps between Latino and non-Latino adolescents in academic and political outcomes. The current study presents possible explanations for such gaps, both at the individual and school level. Hierarchical linear modeling is employed to examine data from 2,811 American ninth graders (approximately 14 years of age) who had participated in the IEA Civic Education study. Analyses of large data bases enable the consideration of individual characteristics and experiences, as well as the context of classrooms and schools. In comparison with non-Latino students, Latino adolescents report more positive attitudes toward immigrants’ rights but have lower civic knowledge and expected civic participation. These differences were apparent even when controlling for language, country of birth, and political discussions with parents. School characteristics that explain a portion of this gap include open classroom climate and time devoted to study of political topics and democratic ideals. Results are discussed within the framework of developmental assets and political socialization. Implications for educational policy and ways to use large data sets are also discussed.

协同治理视野下的地方政府与非营利组织之间的良性合作关系

协同治理是一种新的政府治理理论,它强调政府、非营利组织和个体公民等多元社会组织和行为者相互协调合作,共同治理社会公共事务。基于协同治理的视角实现地方政府与非营利组织之间的良性合作,应充分发挥地方政府、非营利组织和个体公民的主体作用。     

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。     

Access to the health records of deceased patients: Why the law is in need of review

A glance at the cases that came before the UK Information Commissioner's Office (ICO) in the period between 2005 and 2008 immediately shows that a consistently high number relate to access to the health records of deceased patients. What accounts for this interesting state of affairs? This paper aims to demonstrate that the law regulating this increasingly important area is a patchwork of case law, statutes and professional guidelines that do not always lend themselves to a congruous and seamless amalgamation. This has in turn resulted in the need for creative interpretation and at times legal gymnastics on the part of the ICO and medical professionals. We argue that in an age where allegations of medical negligence are proliferating (and access to the health records of the deceased could help confirm or dispel suspicions of wrongdoings leading to the death) and where genetic information about a deceased relative could offer valuable support to a living patient's preventative care, diagnosis and treatment plans, the law regulating access to the health records of deceased patients in the UK can no longer afford to be unclear and confusing. There is, therefore, an urgent need for review.     

当代市场经济运行的信用经济本质剖析——美国"次贷"危机引发的经济学暨政策思考之一

美国"次贷"危机爆发深刻揭示了当代市场经济运行中的金融本质特征之一是高度发达的信用经济。负债运行是当代市场经济中微观主体的常态,是社会经济正常运转的必要前提与制约保障。信用经济本质上是债权债务经济,并具有正负"双重"效应。信用经济的核心功能是以时间交错、空间重组的方式极大限度地将现有的暂时闲置的社会资源动员起来,使原有的经济实体规模在本不可能的基础上得以扩张;但这种经济的运行一旦在某个环节出现断裂并引发环环相扣的整体信用关系功能性断裂时,就会引发整个社会经济的连锁反应,使其原来对社会经济的加速度推动作用反方向运行,并由此产生对社会经济的加速度的破坏张力。发挥信用经济正效应,抑制负效应,需要遵循信用经济运行的基本平衡公式,保障信用经济运行的基本约束条件,即债务人的受信在数量、质量、时间上与债权人的授信相平衡,并以此构建监管体系。