Administrative Justice in the Wake of I,Daniel Blake

This article argues that Ken Loach's film, I, Daniel Blake, invites deep reflection on the relationship between the individual and the state, and, more particularly, on the role of administrative justice in restoring a re‐imagined sense of citizenship. Drawing on earlier debates from the 1950s, as well as on more recent advocacy of the ‘connected society’, the article proposes that to meet such an ambition, administrative justice must be recognised as an overarching set of principles and values, rooted in a framework of human rights and with a reinvigorated public‐sector ombud‐institution at its centre. In this way, administrative justice might serve as an effective and restorative counterweight to more legalistic options for responding to public grievance, whether the result of routine encounters with the state or of a major breakdown in trust, such as that occasioned by ‘Grenfell Tower’.     

Institutional design for credence goods: Can the existence of financial incentive be problematic? Evidences from childbirth system of Bangladesh

The introduction of an incentive system in order to increase the provision of credence goods such as health services can be problematic. This article identifies the possible magnitude of overtreatment by physicians in private clinics compared with the situation in government and nongovernment health facilities in Bangladesh. The five to ten times higher volume of cesarean childbirths in private clinics (higher incentive institutions) compared with the volume in government/NGOs health facilities (lower incentive institutions) is indicative of the problem of overtreatment. This problem may become acute where there is only one private clinic in an area; however, the mere increase in the number of private clinics may not solve the problem.     

China-Japan Security Relations and China's Countermeasures

Security relations are crucial in China-Japan relations.Since the "nationalization" of the Diaoyu Islands by Japan in 2012,mutual trust between China and Japan has been declining,and bilateral security relations have reached a low point.China-Japan security relations are typified by ongoing dispute over the Diaoyu Islands,lack of mutual trust exacerbated by various actions by Japan,and the delay of China-Japan security dialogues.The evolution of China-Japan security relations derived from the Diaoyu Islands dispute is clearly beyond the scope of the dispute itself,with deep-rooted internal and external factors.In the near future,China-Japan security relations will face more challenges than opportunities.China should take measures,including enhancing mutual trust in politics and security between the two countries,to impose necessary pressure on Japan to change course,to win over neighboring countries so as to avoid pretext for Japan's intervention in regional issues,and to strengthen interpersonal communication and understanding between people of the two countries in order to stabilize security relations.     

Democratic Innovations: Reinforcing or Changing Perceptions of Trust?

Declining trust in representative institutions is considered one of the most significant political problems of our time. It is often suggested that democratic innovations—or mechanisms which aim to increase and deepen citizen participation in the political decision-making process—can help reverse this trend. However, empirical research about actual effects of participation on trust is scarce, and weakened by causality problems. With survey data representing 1,470 participants in a landmark Swedish e-petition system, the article shows that both generalized attitudes and process evaluations matter in how trust is affected by democratic innovations.     

台湾参与国际活动问题的再思考

两岸长期的敌对隔绝,使双方缺乏有效的政治沟通,无法建立足够的政治互信,从而使台湾参与国际活动问题成为双方难以解决的结构性矛盾.当前,两岸如何以新视角重新审视台湾参与国际活动问题,已成为双方必须着力研讨的课题.为营造两岸民主、平等的协商氛围,扩大双方在政治议题上的共识,本文提出以"中华两岸共同委员会"的政治沟通模式为过渡,并在两岸完全统一的政治架构下对台湾参与国际活动问题作出终局安排.     

Contemporary Compulsory Dispersal and the Absence of Space for the Restoration of Trust

This paper investigates the issue of trust, or mistrust, specificallyin relation to single adult asylum seekers and asylum seekerfamilies compulsorily dispersed across England. It draws upondoctoral research on the social exclusion of asylum seekersas a result of dispersal and their separation from mainstreamwelfare provision due to the creation of the National AsylumSupport Service (NASS) following the Immigration and AsylumAct 1999. Trust is an ambiguous term and four forms of trustare delineated to assist conceptualizing the experience of forcedmigration: social, political, institutional and restorativetrust. This paper provides an overview of the aims and eachphase of the implementation of dispersal. It is argued thatthe dispersal system leaves little room for political or institutionaltrust to be restored and hinders the restoration of social trust.It is suggested that this lack of space for the restorationof trust has negative implications for the longer term resettlementprocess of asylum seekers who obtain refugee status. It is alsosuggested that trust is an essential component of UK governmentpolicies promoting social or community cohesion, community engagementand initiatives to combat trafficking, forced marriage and ‘honour’based violence and that mistrust of asylum seekers as a groupdirectly contradicts such policies and initiatives.     

Interpretive Filters: Social Cognition and the Impact of Turning Points in Negotiation

A number of studies have shown that certain events that occur during a negotiation can alter its course. Referred to as "turning points," these events are precipitated by actions taken either outside or inside the talks that have consequences for outcomes. In this article, we report the results of two experiments designed to examine the impacts of two types of precipitating actions, external and internal. In the first experiment, which focused on external actions, we found that crises — as opposed to breakthroughs — produced more movement in negotiations in which parties viewed the social climate positively (high trust, low power). We found that parties achieved less movement in negative social climates (low trust, high power).
In the second experiment, which focused on internal actions, we found that cooperative precipitants (factors inducing change) were more likely to occur when parties negotiated in the context of positive social climates. Negotiation outcomes were also influenced by the climate: we found better individual outcomes for negotiations that occurred in positive climates (high trust, cooperative orientations). Inboth experiments, the social climate of the negotiation moderated the effects of precipitating factors on negotiation outcomes. Perceptions of trust and power filter the way negotiators interpret actions that occur outside or are taken inside a negotiation, which can lead to agreements or impasses.     

对不动产善意取得制度的理性再思考

物权法出台以后，我国民法学学界对不动产是否应适用善意取得制度之争似乎已经平定，然而并不代表在这一领域就没有任何问题存在，我国物权法虽然确立了不动产的善意取得制度，但这一制度在实践中将会产生的问题仍然是我们不可忽视的。     

后位继承法律制度研究——兼与补充继承比较

后位继承与补充继承均为遗产继承中财产利益移转的两种特殊方式，而且两者均渊源于罗马法。后位继承与补充继承充分尊重遗嘱人处分个人财产的意志自由，是继承法遗嘱自由原则的重要体现。我国未来民法典应当确立后位继承与补充继承制度。     

Liberation regimes and land reform in Africa. Land politics transcending enmity in South Africa

Truthfulness, the norm of science, is etymologically related to trust. Both concepts are related to ‘tree’, as a symbol for grounded knowledge, for differentiation (the tree of knowledge), for uprightness and reliability (Searle, 1995). Truthfulness generates trust. Trust generates community. The land politics and trust project in South Africa (Askvik and Bak, 2005) investigated how trust relations intervened within and between government institutions engaged in redistribution and management of land. It enquired into trust relations between the land state and stakeholders in land. It assessed how the new ANC‐controlled state intervened into the relation between market‐oriented urban industry and subsistence‐oriented livelihoods on communal land. Could that intervention explain the slow pace of land redistribution? The field work was done in the Northern and the Western Cape provinces. A hypothesis is that unconditional personal trust across institutional boundaries is a condition for post‐colonial, post‐liberation community building. In 2001, aspects of political democracy were in place. Trust relations between government institutions and to stakeholders in land varied, but were limited. Trusted mediators between the institutions, across cultures, were few and far apart. Subsistence‐oriented livelihoods on communal land were there to be transformed to commercial farming. The three‐step Government strategy, growth in the urban economy, commercialisation of rural subsistence production and rural welfare from the urban surplus, augmented separation, disbelief and distrust. Copyright © 2007 John Wiley & Sons, Ltd.