A Taxonomy of Normative and Empirically Oriented Theories of Distributive Justice

The study proposes a taxonomy that maps and organizes various normative (ought) and empirically oriented (is) theories of distributive justice, with the aim of examining possible relations between these two research traditions. The taxonomy distinguishes between theories according to two shared dimensions of content: (a) microjustice versus macrojustice principles and (b) the unidimensional versus multidimensional character of these principles. The combination of these dimensions yields four groups of theories of distributive justice: unidimensional macro (the utilitarian approach); multidimensional macro (Rawls' theory of justice); unidimensional micro (desert and equity theories); and multidimensional micro (Miller's theory and the multiprinciple approach). A fifth group of hybrid theories is identified (including Walzer's and Jasso's theory of justice), which is built upon the layers of the other taxonomy cells, combining elements of macro- and microjustice and emphasizing the multidimensional character of distributive justice. The analysis revealed that the empirical and normative traditions have much in common. In certain cases, as with the utilitarian approach and Rawls' theory, empirical research has sought correspondence between the ought and the is. In other cases, such as with equity theory and the multiprinciple approach, it has used some basic normative ideas and assumptions as its starting point. Nevertheless, these research traditions often develop in parallel ways without sufficient mutual recognition or interaction. The study concludes by considering possible exchanges that may develop between these two traditions, examining to what extent and how philosophical–normative and empirically oriented research can contribute to one another.     

羁押场所巡视制度研究报告

作为一种程序外的酷刑预防机制,羁押场所巡视制度通过邀请社会公众不定期地、未经事先通知地访问看守所,巡视看守所的羁押条件、羁押执法活动是否符合我国法律、法规的相关规定,有效地提高了看守所被羁押人的待遇、促进了监管机关执法的规范化。制度的试行还向社会公众传递了看守所规范执法的积极信息,增强了公众对看守所的了解与信赖。该试点研究通过比对试点前后的相关数据,包括衡量看守所条件、权利保障状况的指标得出了上述结论。     

Does war destroy business? A review of empirical publications

The study investigates the economic dimensions of war. It considers empirical literature through structure review to explore the different effects of war on businesses. The scope of the study covers all geographical areas and studies dealing with any respective event in the 20^th and 21^st centuries. However, the study caters for quality, relevance, and recentness in publications. Hence, publications in 4*, 4, and 3 stars journals that are placed in Association of Business Schools of UK Guidelines in 2015 are reviewed. The study with its extant literature presents an important realization that against the stereo-typed opinion about war being devastating to businesses indicates that war affects in various dimensions, that is, positive, negative, or even no effects depending on the nature and place of business. Whereas businesses, in general, may be negatively affected in wartime, businesses critical to war may get an unprecedented boost. The study also indicates a dire need of developing a framework for investigating this important relationship on sound footings.     

监察委员会办理职务犯罪案件程序问题研究——以768份裁判文书为例

根据监察委员会成立以来法院作出的768份裁判文书的实证研究,职务犯罪案件委托律师辩护率高;留置期限整体较长、解除留置后逮捕率高;认罪认罚从宽制度和速裁程序适用率低;非法证据排除难;定案以言词证据为主,证据之间相互“印证”成为此类案件典型的办案模式。在具体操作中,还存在与刑事诉讼法衔接不畅的问题。基于此,应当保障辩护律师介入的时间和诉讼权利;提高留置措施的适用标准;明确职务犯罪案件中认罪认罚从宽制度适用标准和同步录音录像资料的调取、出示程序;庭审中应当贯彻直接言词原则,加强证据审核,建立证人、鉴定人和调查人员出庭作证机制。     

Assessing electronic service delivery in municipalities: determinants and financial consequences of e-government implementation

In the Netherlands, electronic service delivery has become an important issue in many municipalities. Using the Internet for service delivery is seen as an important element of e-government. Based on 2014–2016 panel data for all Dutch municipalities, we show that there is a large variety among the municipalities in the extent to which they offer their service delivery digitally. By exploring the factors that may explain the differences among the municipalities, some trends can be discerned. Most notably is the strong relationship of e-government adoption with demographic characteristics, such as population, population density and both older age and younger age groups. Remarkably, we did not find an influence of education and income. Finally, we did not observe a relation between municipal allocated costs and level of e-maturity, hereby leaving the question open if and how e-government can lead to cost reductions.     

Political theory in historical context. Reflections on Democratic Justice and the Social Contract by Albert Weale

In Democratic Justice and the Social Contract, Weale defends a contractarian theory of social justice following what he calls the ‘empirical method’, which consists in grounding ethics and politics on the observation of concrete examples of social contracts, rather than abstract speculations. In this paper, I will make three critical remarks. First, the empirical method is open to the same objections usually raised against more abstract approaches to social contract theory: by an appropriate choice of the starting point, one can justify any ethical or political position. Second, Weale’s focus on the societies that were successful in managing common pool resources appears arbitrary: other social organizations (e.g. hunters and gatherers societies) would be a more obvious choice. Finally, in following the empirical method, philosophers must be willing to import into ethics and politics the same problems of interpretation one encounters in theoretical social sciences. As an example, I will show that Weale’s position on the welfare state depends on the interpretation he gives of some practices observed in the societies he chooses as models. Different interpretations of the same practices would induce Weale to revise his positions.     

Cyberterrorism and Cyber Attacks in the Public Sector: How Public Administration Copes with Digital Threats

Cybersecurity concerns among citizens and public administration officials are considered to be one of the major barriers to e-government implementation. While cyberterrorism is on the rise, the operational state of cybersecurity in the public sector appears as a black box and previous literature has scarcely examined how public authorities perceive and cope with cyber attacks. This study investigates public employees’ attitudes toward cybersecurity in the public sector, as well as the arrangements and measures in place to protect sensitive governmental data and securely manage it for privacy and regulatory compliance. Thus, it contributes to the e-government literature by presenting a comprehensive framework of cybersecurity in the public sector and by providing empirical evidence thereof. Furthermore, it gives an insight into the prevalent attitudes and cybersecurity infrastructure within the realm of public administration. Finally, the article derives research and managerial implications and provides suggestions for future research.     

认真对待刑事推定

对我国刑事立法和司法中44个推定的实证分析表明,刑事推定在放松控方证明要求的同时又将存疑风险转移到被告人身上,背离了排除合理怀疑的证明标准,直接危及无罪推定原则所保护的价值与利益。对排除合理怀疑的证明标准不应作纯程序的解读,有必要将其与实体意义上的惩罚权相联系。对刑事推定的规制,本质上属于对国家刑罚权的限制,只有在满足相应的实体与程序条件时,才允许适用有利于控方的刑事推定。     

刑事和解制度的实证分析

刑事和解制度作为一项新的刑事司法和犯罪预防模式,符合构建社会主义和谐社会的要求和"宽严相济"的刑事司法政策。但由于我国目前的社会治安形势仍不容乐观,因此,应当在有限的范围内开展。目前适用的案件范围应包括告诉才处理的案件、未成年人犯罪案件、侵犯人身权利的过失犯罪案件、部分轻微刑事案件,对重罪案件则应当以民间同事纠纷、婚姻家庭矛盾引发的人身损害、侵犯财产犯罪案件为宜;适用的诉讼阶段,在公安机关侦查阶段应当仅适用轻伤害刑事案件,审查起诉和审判阶段则对符合条件的案件均可适用;达成和解的法律后果,对于不追究刑事责任的案件仍应当从严把握,对其他案件则可依法从宽处罚或适用非监禁刑。     

国外劳动力市场分割研究的方向及其特点

劳动力市场分割理论产生于上世纪70年代,是劳动经济学的一个重要分支。这一理论从劳动力市场制度特征及结构特征的角度来研究劳动力市场的运行,主张劳动力市场分割是导致贫困、歧视及不平等的重要原因。20世纪80年代以来,西方学者对劳动力市场分割进行了大量的实证研究。同时,这一研究也逐渐从发达国家转移到发展中国家。本文着重介绍了劳动力市场分割研究的层面,并对全国劳动力市场分割研究的现状进行了总结。