罪刑关系的立体考察:罪刑关系的相关属性

罪刑关系是刑法本体论的一个极为重要的问题。在我们深入考察罪刑关系的相关属性后,我们将发现罪刑关系本来是一种立体关系而非直线关系。罪刑关系的相关属性包括客观性与主观性、强制性与宽和性、静止性和动态性、一般性与个别性,而这些属性正是在对立统一之中生成了罪刑关系的立体性。罪刑关系的立体性把握对于罪刑关系理论的丰富和罪刑关系的刑法实践都有着极其重要的意义。     

诚信原则在WTO争端解决机制中的适用评析

诚信原则作为各国民法中最重要的原则,已经成为国际法中的一般法律原则,越来越频繁地应用在WTO争端解决中。由于诚信原则存在明显的不确定性,难以在实践中适用,专家组和上诉机构在诸多案例中对诚信原则的含义及其解释法律和弥补法律漏洞的司法职能进行了确认,并成功地解决了不少争端。遗憾的是,上诉机构的司法限制制约了专家组的有益探索,过分谨慎。当前国际国内经济与法律的发展为专家组和上诉机构进行更大胆的探索准备了良好的条件,WTO争端解决机制应充分发挥诚信原则的司法职能,确立成员方诚信履行WTO实体法律的独立的义务,这将有利于弥补WTO的相关法律漏洞,迅速有效地解决争端。     

全面深化劳动竞赛为天津又好又快发展建功立业

我市工会开展的"五比一创"劳动竞赛,紧扣时代主题,适应了我国社会发展新阶段的新要求,得到了各级党委的高度重视和行政的大力支持。在各级工会的精心组织、具体实施、狠抓落实和各方的共同努力下,已经成为团结动员广大职工推动科学发展、转变经济发展方式、促进社会和谐、实现天津又好又快发展的重要载体,创造了新时期工会工作的新品牌。     

人身保险合同常见条款研究

在长期的保险实践中,保险业界逐渐形成了一些规范人身保险合同的条款,常见的有不可抗辩条款、年龄误告条款、自杀免责条款、战争免责条款、宽限期条款、复效条款、不丧失价值条款、保单贷款条款、保单转让条款。这些条款衡平了投保人、被保险人、受益人与保险人之间的利益,促进了寿险业的健康发展,维护了寿险市场的正常秩序。     

Modernizing the Estonian Farmhouse,Redefining the Family, 1880s–1930s

In the nineteenth century, the transition from a Baltic-German-controlled manor-and-serf economy to individually owned farmsteads transformed all aspects of life including the spatial organization and form of farmhouses in the western provinces of Tsarist Russia. Agricultural experts and social reformers discussed how to update the traditional threshing-room dwelling house (rehielamu) into a healthy dwelling for successful farmers and, after the Estonian War of Independence, for new settlers. Using material culture such as contemporary plans, I show that changing household relationships, in addition to economic and technological factors, helped to transform the ancient rehielamu into a modern dwelling.     

A Life in Pictures: Looking for Elizabeth Senior

This essay follows the author’s search for forgotten art historian Elizabeth Senior (1910–41). Using a quest narrative, it traces the process undertaken to piece together the life story of a remarkable young woman, including Internet research, visits to archives and correspondence with family members. Killed at just aged 30 by a bomb during the Blitz in 1941, Senior left a quite substantial body of editorial work and writing. Editress for the inaugural volumes in Allen Lane’s King Penguin series, Senior also wrote multiple reviews for the Burlington Magazine and the British Museum Quarterly, as well as her own art historical books on portraits of Henry VIII and his wives, and on portraits of Christ (co-authored with Ernst Kitzinger). A collaborator and friend to many Jewish émigré art historians, including The Story of Art author Ernst Gombrich, Senior played an important role in facilitating the safe passage of many fleeing the Nazis for England in the 1930s and 1940s. Unmarried at the time of her death, Senior was survived by a 10-week-old baby, whom she had stashed under a table for safety when a bomb landed on her flat.     

Political capabilities for democratisation in Uganda: good governance or popular organisation building?

Opinion is divided about the capacity of civil society organisations (CSOs) to enhance the political capabilities of disadvantaged groups in neo-patrimonial contexts, and particularly through a hegemonic paradigm which seeks to advance poverty reduction through good governance. Drawing on a qualitative study of CSOs in western Uganda, this paper argues that strategies focused on increasing the participation of rural citizens in formal decentralised planning spaces may be less effective in enhancing their political capabilities than those facilitating social mobilisation through the formation of producer groups and federations. This has important implications for thinking and practice around popular empowerment in sub-Saharan Africa.     

Rethinking economic security in a globalized world

Economic security is one of the primary dimensions of human security and is closely associated with poverty and related issues. This article takes a non-economic view of economic security and argues that the concept may lose its policy traction and relevance if it continues to be narrowly defined as and associated with poverty per se. If the concept is to continue to be useful to policy-makers and analysts, it needs to champion and embrace issues and concerns beyond poverty and consider the emergent threats affecting the non-poor. It argues, by way of several highlighted examples, that the concept is sufficiently dynamic to capture and incorporate other pervasive threats to the well-being of the people. It also points out that understanding the political impact and influence of economic security is just as important as studying the economic dynamics.     

Disabled Istanbulites’ everyday life experiences as ‘urban citizens’: accessibility and participation in decision-making

This article assesses whether the everyday experiences of disabled Istanbulites can be considered from an urban citizenship perspective. To this end, Lefebvre’s notion of the ‘right to the city’ and its relationship with the literature on urban citizenship and Disability Studies is discussed, and two broad categories of analysis are presented to elaborate the issue in the case of Istanbul. These are, namely accessibility – to space, but also to education, health, and employment – and participation in decision-making. Interviews show that the limited rights-based discourses, which guided the institutional transformation of the greater and district municipalities in the early 2000s, have had almost no impact on the everyday experience of disabled Istanbulites. Istanbul remains a largely disabling city with major problems of accessibility and no room in decision-making processes for disabled people. Unfortunately, current developments do not point to the possibility of a more powerful practice of urban citizenship.     

Quality of government and regional competition: A spatial analysis of subnational regions in the European Union

Building on previous work on competition networks and governmental performance among British local governments, this article investigates the diffusion of government quality across subnational regions of Europe through strategic interaction with neighbouring regions or competitor regions more generally. The article demonstrates the presence of spatial interdependence using standard spatial regression models and controlling for common explanations of quality of government. In particular for regions with high levels of autonomy from the national government, there is clear adjustment in government quality to be seen in response to disparities with competitor regions. The article further investigates the intensity of this geographical effect separately in the north and south of Europe in order to estimate the potential for virtuous or vicious cycles of good governance in the two regions, respectively. It is found that while regions in the north develop relatively independently of each other but respond to competitive pressure across Europe, in the south regions demonstrate a higher level of local interdependence, increasing the possibility of virtuous cycles – but also of vicious ones.