“5·12”地震后羌族婚姻习惯法变迁

羌族是一个人口众多、传统悠久的民族．现在主要居住在四川省阿坝藏族羌族自治州的汶川、理县、茂县以及绵阳市的北川县、平武县等地。据2005年的官方统计,户籍登记为羌族的人口约为32．65万。在2008年“5·12”特大地震灾难中,羌族人口损失将近10％。羌族地区至今仍保留着以原始宗教,万物有灵,多种信仰的灵物案拜为核心的民事习惯,婚姻习惯是其非常重要的内容之一。“5·12”地震后,羌族人的婚姻习惯法有了较大程度的变化,从形式到实质都更加符合国家法的理念与要求,这无疑是羌族社会文明发展的重大进步。     

Does Membership in Civil Society Organizations Foster Social Integration? The Case of Danish Voluntary Sport Organizations

ABSTRACT

Voluntary organizations are generally perceived as important arenas in which social integration can be fostered. There is, however, no consensus on the meaning of such integration, and the empirical evidence for the claim is lacking. This article studies social integration within voluntary sport organizations, which make up a significant element of civil society in most Western societies. The article provides a theoretical framework well suited for the study of social integration, which differentiates members according to their levels of social interaction and emotional bonding across four community types: Strong, pragmatic, mediated, and weak. When applying this framework to the case of Danish sport organizations, the distribution of members among the four community types indicates that, although sport organizations are important arenas for the development of social integration, there is also a large minority of members who do not experience social integration. This article shows that both individual characteristics linked to members and organizational characteristics linked to sport organizations exert significant influence on the level and nature of social integration. Jointly, the results demonstrate that there are grounds to reassess the general conception that sport organizations are important arenas in which social integration can be fostered.     

协商民主中的公共治理

在当代西方政治哲学复兴之后兴起的协商民主理论与现代公共治理的理论和实践之间存在着一定的内在逻辑性。协商民主的研究视角使我们看到公民社会的思想意识、精神状态以及公共利益、美德等价值观对现代公共治理的重大意义。引入协商民主理论,倡导公共治理中的对话与协商,公民参与意识与积极的公共精神,可以促进政府与公民、政治国家与公民社会在公共治理中的良性互动,由此也将促进协商民主与善治的实现。     

突发公共卫生事件的舆情治理要略——以新型冠状病毒肺炎疫情为例

突发公共卫生事件的舆情治理,事关重大舆情和突发事件舆论引导机制的健全、公共安全体制机制和国家安全体系的完善以及国家治理体系和治理能力现代化的实现。当下的突发公共卫生事件舆情呈现出新特征:舆情信息供给稳定,官方发布和移动端成为舆情走势主推力量与渠道;舆情演化模型与事件发展阶段、事物认识过程一致,舆情热点在多元主体之间互动以及网络与现实交互下有所分散;社会整体关注之余凸显“不对称”特征,以往同类事件被再度热议。相应的舆情治理要略包括:官方发布积极引导,正确处置化解危机;媒体报道保量增质,新媒体运用加强规制;秉持协同治理理念,掌握重点处置策略。     

法定犯时代背景下犯罪附随后果的解构和重建

法定犯时代下,后工业社会中各种风险逐渐升格,古典自由主义刑法理论地位受到动摇,刑法制裁体系相应地吸收了积极刑法观理念,前置刑法干预起点,降低入罪门槛,而社会整体评价体系中却缺乏相应的轻罪或微罪评价模式、犯罪分层意识,从而导致刑法附随法律责任引发实质意义上罪责关系的不协调,违反罪刑法定、罪责刑相适应、责任主义原则等问题。同“以刑制罪”对“从罪到刑”的罪刑关系的反思,在意图限缩刑罚的法益理论逐渐沦为为刑法扩张“背书”的情况下,对犯罪附随法律责任的重视能够促进法益判断标准的实质化,从而有利于促进立法批判机能的实现,也能对保安处分科学化和刑罚“双轨制”发展有所裨益。基于新社会防卫论的论证逻辑也应该对附随后果的逆向论证逻辑以及定位做出限制,同时提出犯罪人处遇重构、引入复权制度等具体举措,以期达到法律体系内部法律责任的协调。     

The Importance of Political Context for Understanding Civic Engagement: A Longitudinal Analysis

We contend that political context is important to consider when analyzing social capital and that context has an important but neglected impact on understanding the consequences of civic activity. Our focus is on the influence of rural, local leadership in two Minnesota communities and policies that these elites have developed to bring Internet connectivity to their citizens. One city developed a community electronic network and the other opted for an individualistic, entrepreneurial approach to information technology. Using a quasi-experimental research design and four-wave panel data, we find that elite policy approaches interact with civic activity to predict technology use among citizens, even long after the policies’ initial implementation. In the city with a community network, residents who are integrated into civic life are able to harness these political resources to become more technologically sophisticated.

Race-Based Judgments, Race-Neutral Justifications: Experimental Examination of Peremptory Use and the Batson Challenge Procedure

Practically speaking, the peremptory challenge remained an inviolate jury selection tool in the United States until the Supreme Court's decision in Batson v. Kentucky. 476 U.S. 79 (1986). Batson's prohibition against race-based peremptories was based on two assumptions: (1) a prospective juror's race can bias jury selection judgments; (2) requiring attorneys to justify suspicious peremptories enables judges to determine whether a challenge is, indeed, race-neutral. The present investigation examines these assumptions through an experimental design using three participant populations: college students, advanced law students, and practicing attorneys. Results demonstrate that race does influence peremptory use, but these judgments are typically justified in race-neutral terms that effectively mask the biasing effects of race. The psychological processes underlying these tendencies are discussed, as are practical implications for the legal system.     

Social Class is Dead. Long Live Social Class! Stereotype Threat among Low Socioeconomic Status Individuals

Stereotype threat effects occur when members of a stigmatized group perform poorly on a task because they fear confirming a negative stereotype that is associated with their ingroup. The present study investigates whether the observed achievement gap in standardized testing between high- and low-socioeconomic status (SES) American students can be due, in part, to this phenomenon. Participants were placed in one of four conditions that varied in level of “threat” related to socioeconomic status. Results show that when socioeconomic identity is made salient before taking a test, or when the test is presented as diagnostic of intelligence, low-SES students perform significantly worse, and report much lower self-confidence, than low-SES participants in the non-threatening conditions. When threatening conditions converge, performance of low-SES students is at its worst level. These results help us better understand the role stereotyping plays in the academic performance of low-SES students, and may partly explain the disparity on standardized test scores between low- and high-SES students.

论社会转型时期行政执法方式的转变

社会转型时期，由于社会利益的分化导致社会矛盾日益激化，传统的强权式行政执法方式已经不适应诸多社会问题的解决。和解与协商在行政执法过程中的采用有助于政府权力与公民权利的平衡并达到社会的和谐与稳定。但是，这种协商式执法方式的实施应当以法律的基本精神和原则以及行政机关的法定职责为界限。     

Social Disadvantage and Family Violence: Neighborhood Effects on Attitudes about Intimate Partner Violence and Corporal Punishment

Social disorganization theory asserts that neighborhood composition affects levels of violence within the community. The purpose of this article is to analyze the bivariate effects of social disorganization, crime, and collective efficacy, in addition to the individual factors of gender, race, and a history of child maltreatment, on the acceptance of using violence within the family. Data from the Norfolk Police Department (2000–2004), 2000 Census, and 2006 Norfolk Residents’ Attitudes about Crime Survey were used to determine differences in approval of family violence. Results indicated that approval for family violence is an individual-level phenomenon as well as a community-level occurrence. Various aspects of family violence elicit different levels of tolerance by both micro- and macro-level characteristics. Implications are discussed.