民法典编纂对财产犯罪法益保护的影响

在民法之外,重新构建一个仅适用于刑法中财产犯罪法益保护的判断标准,既无必要也不现实。财产犯罪法益保护扩张的主要目的是为了入罪,不论是“利益的法益化”还是“管理的占有化”,都是以保护法益之名行扩张犯罪圈之实。犯罪圈的不当扩张,不仅会有损整体法秩序,还会弱化乃至消解法益甄别法与不法的机能。部门法之间的紧张关系在任何法律体系下都是无可避免的,民法典编纂为解决“刑民倒挂”问题以及增加法秩序统一性原理在刑民之间的衔接度提供了重要契机。为此,应重新梳理刑民之间围绕财产、占有、管理等方面的争议问题,将民法所确定的财产法益内容作为财产犯罪法益保护的基本依据,并允许刑法根据财产犯罪的特点对法益保护范围作出适当调整。这样做的目的不是通过民法给刑法套上枷锁,而是在遵循法秩序统一性原理的基础上达成应有的刑民共识。     

论恐怖主义的社会解构

作为一种极端的解构力量,恐怖主义对于国际秩序的威胁和损害不仅在于通过制造恶性事件以破坏国际社会的安全稳定,更在于借助销蚀主流价值而削弱国际秩序的观念基础。因此,国际社会有必要将评估和应对恐怖主义的社会解构纳入反恐治理的基本范畴。其中,以“伊斯兰国”组织为代表的恐怖主义力量进行社会解构的行为策略,可以分为以动摇当代领土政治、颠覆主流生命伦理和创设替代政治秩序为主要构成的重释再造,以动员恐怖袭击、滋长恐怖气氛和催生仇恨敌对为主要构成的“木马”植入,以“黑色经济”“黑色宣传”和“黑色技术”为主要构成的反向利用。目前,国际社会的反恐路径注重结合预防恐怖主义的内向防御逻辑与打击恐怖主义的外向进攻逻辑。沿着这一思路,国际社会可以综合采取加强反恐实践中的逆向战略、修正反恐叙事中的敌意话语和联通反恐治理中的不同系统等多种举措以应对恐怖主义的社会解构。     

Public Service Motivation Scholarship in Africa: A Systematic Review and Research Agenda

Although several literature reviews have been published on public service motivation (PSM), none of them focused solely on Africa. Adopting a systematic review of the literature, we analyse articles on PSM scholarship in Africa published between 2005 and 2017. We found that authors in African PSM is consistently increasing with their research published in highly ranked peer-reviewed journals. The antecedents and consequences of African PSM are similar to those of Western countries. Finally, respondents of African PSM scholarship are skewed towards “managerist” and students’ perspective. We proposed agenda for African PSM research with four key interest areas.     

Accountability in Public Management Networks: An Analysis of Cost Monitoring in Chicago Municipal Networks

Public management networks (PMNs) continue to proliferate as governance becomes more complex, and so does the need to hold them accountable. Agency and collaboration theories provide a solid foundation, but additional constructs are necessary to adapt to this dynamic era. Building from Bovens et al. (2008), the authors offer an ecological framework of third-party accountability that incorporates a number of prominent accountability theories under the same construct. Employing a mixed-methods research design that examines eight local PMNs in the Chicago region, the study finds that an exemplar accountability mechanism—additional cost monitoring—occurs more often in situations predicted by the framework. Additionally, qualitative interviews of network participants suggest that cost structures can differ by network type, which is verified quantitatively.     

Senkt New Public Management die Verwaltungsausgaben in den Schweizer Kantonen? Eine empirische Analyse über zwei Dekaden

In light of the growing public spending in many regions of the world, this study scrutinizes relevant determinants of core public administration expenditure at the cantonal level in Switzerland, focusing particularly on New Public Management (NPM) reforms. The empirical study comprises all 26 cantons in the period from 1993 through 2014 and uses both cross‐sectional and longitudinal analytical methods. In addition to NPM, we control for various variables related to political parties, institutions, socioeconomics and culture. The results show no clear relationship between NPM reforms and expenditure, although such reforms were often intended to cut costs. Our explanation for this finding is that NPM as a concept is rather inconsistent. Various control variables are either positively or negatively related with expenditure. All in all, our findings suggest that public expenditure is still mostly determined by politics and can only be influenced by administrative reforms within certain narrow limits.     

Linking Public Housing to Education: A Comparative Case Study of HOPE VI

This research examines the federally funded HOPE VI urban revitalization program’s influence on neighborhood public school performance. A comparative case study was conducted in two HOPE VI neighborhood public schools, one that improved significantly (Philadelphia), and one that experienced a decline (Washington DC). The analysis revealed several insights into neighborhood factors that may influence school performance: the most vulnerable residents were least likely to gain reentry, mixed income housing residents often opt out of traditional public schools, and partnerships between public housing and education officials have been historically overlooked.     

The EU and the Global Order: Contingent Liberalism

Abstract

Politicians, diplomats and analysts commonly assume that commitment to multilateralism and liberal norms is part of the EU’s very DNA. Increasingly, however, the EU’s commitment to the liberal global order is more selective. We demonstrate the shift to a more contingent liberalism by examining the EU’s recent record in relation to four different challenges: international trade; US leadership; Russian actions in the eastern neighbourhood; and security in the Middle East. We speculate on what this may portend for the EU’s self-identity, European interests and the integrity of the prevailing global order.     

Contestation and Transformation. Final Thoughts on the Liberal International Order

Abstract

The liberal international order, the inseparable mix of US geopolitical power and ideational project of organising international relations along normative frameworks such as internationalism, institutionalism and democracy, is reeling under the pressure of profound systemic changes such as greater interconnectedness and multipolarity. Predictions abound that increasing great power competition, most visibly at play in geographical areas of contested orders, will eventually tear it down. However, even if major actors – the US included – display a selective, irregular and often instrumental commitment to the liberal order, they are still repositioning themselves in that order and not outside of it. In addition, conflict is not the default outcome of order contestation, as hybrid forms of governance are possible even in troubled regions. No doubt, the world of tomorrow will be less American-shaped and less liberal, but transformation is a more plausible future than collapse for the liberal order.     

Public Services after Austerity: Zombies,Suez or Collaboration?

Public services—in the UK and elsewhere—are under considerable pressure, not just from austerity, but also from a variety of social, demographic and technological changes (in effect ‘austerity plus’). In this context, three broad options are open to policy‐makers: continue with tried‐and‐tested approaches while spending less money, which in the UK means a reliance on ‘New Public Management’ (NPM); withdraw completely from certain public services; or develop new approaches to public administration. We argue that all of these approaches have been attempted in recent years, but it is the final option that is most interesting and potentially the most beneficial. In this article, we examine experiments with these new approaches in responding to ‘austerity plus’. In particular, we examine various attempts at ‘collaboration’ in public services and discuss the risks associated with them. We conclude by setting out the extent to which policy‐makers have moved beyond NPM and suggesting some of the benefits that this could bring.