英国的调解制度--近期发展

本文分析了英国近来的一些案例,介绍了英国在采取非诉方法解决争议方面的最新发展,强调了法院在一些案件中的态度.     

Reshaping the State: Administrative Reform and New Public Management in France

This essay examines the administrative reform process in France since the late 1980s. The key reforms undertaken during this period have sought to delegate greater managerial autonomy to the ministerial field-service level. We undertook semistructured interviews with officials in the field services of three French ministries (Education, Agriculture, and Infrastructure) in the Champagne-Ardennes region, as well as with members of the wider policy communities. The capacity of the field services to adopt a proactive approach to management reform depended on five key variables: internal organizational dynamics; the attitude of the central services to mesolevel autonomy; the degree of institutional receptivity to change; the type of service delivery, and the extent of penetration in local networks. The Infrastructure Ministry was more receptive to management change than either Education or (especially) Agriculture, a receptivity that reflects the institutional diversity of the French administrative system, and that supports new institutionalist arguments. The essay rejects straightforward convergence to the New Policy Management norm. Changes in public management norms require either endogenous discursive shifts or else need to be interpreted in terms of domestic registers that are acceptable or understandable to those charged with implementing reform.     

Nationalism and the Rise of Peru's General Velasco

Velasco's brand of military nationalism marked a real break from the orientation of the majority of Peruvian military regimes, which were pro‐United States and espoused limited government. Many attempts have been made to explain this outcome, but the release of documents from British and United States archives clarify certain issues. Above all, Velasco's use of the nationalist card enabled him to win over decisive support from both the military and political society. This support gave him sufficient leverage to consolidate his personal position, which he did before launching a major programme of domestic property expropriation.     

Heritage Tourism in the Caribbean: The Politics of Culture after Neoliberalism

As neoliberalism has taken root in the Caribbean, heritage tourism has grown enormously. Using examples drawn from the Trinidad Carnival, this article shows how culture becomes a marketing force in the wake of increasingly difficult economic times in the Caribbean. As selling culture increases in importance for the overall economic health of Caribbean economies, it becomes, more and more, the focus of Caribbean states and state agencies and a basis for state sovereignty. Drawing on Foucault's notion of biopower, the article draws a connection between the increasing importance of cultural performances for state revenue and government intervention into those performances.     

The Diffusion of Responsibility: An Alternative Perspective for National Policy Politics in the US

This article proposes a diffusion of responsibility perspective in analyzing post–World War II politics in the United States. Many analysts test the American system by a responsible party perspective, proposing reforms that will orient the system toward the goals of that model. Divided government has characterized much of the period since 1945 and identifiable (and wholly constitutional) politics has accompanied that development. The diffusion of responsibility alternative is characterized by a separated presidency, an expansive Congress, competition between the branches for shared power, and, absent a crisis, a tendency toward perpetuation.     

DISTANCE DECAY REEXAMINED

The "journey to crime," or the study of the distance between an offender's residence and offense site, has been a subject of study within criminology for many years. Implications arising from such research touches the majority of criminological theories. An overriding conclusion from this line of research is that most crimes occur in relatively close proximity to the home of the offender. Termed the distance-decay function, a plot of the number of crimes that an offender commits decreases with increasing distance from the offender's residence. In a recent paper, Van Koppen and De Keijser raise the concern that inferring individual distance decay from aggregate-level data may be inappropriate. They assert that previous research reporting aggregated distance-decay functions conceals individual variations in the ranges of operation, which leads them to conclude that the distance-decay function is an artifact. We do not question the claim that researchers should not make inferences about individual behavior with data collected at the aggregate level. However, Van Koppen and De Keijser's analysis raises four important issues concerning (1) the interpretation of the ecological fallacy, (2) the assumption of linearity in offender movements, (3) the interpretation of geographic work on profiling, and (4) the assumption of random target selection within a delimited range of operation. Using both simulated and nonsimulated data, we present evidence that reaches vastly different conclusions from those reached by Van Koppen and De Keijser. The theoretical implications of our analyses and possibilities for future research are addressed.