法学毕业论文写作课的教学研究

法学毕业论文写作课是培养法律专业大学生科研能力和实际工作能力的重要课程。法学毕业论文的指导教师应具备良好的职业道德素质和业务素质。法学毕业论文的写作过程一般包括选题、搜集资料和调查研究、撰写提纲、写初稿和修改初稿等几个阶段 ,在这几个阶段的教学指导工作中 ,教师应根据法科大学生的特点 ,认真地履行其指导职责     

Between Government and Governance: Opening the Black Box of the Transformation Thesis

The notion of going from government to governance, known as the transformation thesis, as depicted in early Governance Theory has been subjected to substantive critique. This paper explores two different stances of such critique. The first critical stance is represented by Jonathan S. Davies’ 2011 book “Challenging Governance Theory: From networks to hegemony” and entails a radical rejection of the transformation thesis. The second stance offers a more moderate reconfiguration of the transformation thesis and is represented by the recently co-authored work of several prominent governance theorists titled “Interactive Governance: Advancing the paradigm”. While both aspire to set new agendas for governance research, this paper argues that the latter reconfiguration carries a problematic preposition towards overemphasizing the separation between government and governance practices.     

高校毕业生就业中的法律问题

我国高校毕业生就业中的法律问题频繁出现。探讨在高校毕业生经历的实习、就业协议、见习期与试用期、就业见习等过程中,如何保障实习中的合法权益,如何解决就业协议与聘用合同的纠纷、如何区分见习期与试用期,以及新近出现的就业见习中存在的法律问题很有必要。     

自由裁量论研究——以德沃金自然法学和包容性实证主义法学中的自由裁量论为视角

在法官造法意义上的“自由裁量论”争论中，德沃金认为司法过程实际是法官们在法律规定的幅度内依法行使自由裁量践行裁判，反对法官造法意义上的“自由裁量论”。所有的法律实证主义者都同意法官造法意义上的“自由裁量论”，基于对法律效力的渊源类判准和内容类判准的不同理论主张，包容性实证主义法学与排他性实证主义法学在此种“自由裁量论”适用空间上也存在着极大差异，渊源类判准及内容类判准适用后法官的“自由裁量权”的不同适用空间也是包容性与排他性实证主义法学的理论分野所在。     

权威命题与法律理由的性质:一个反思性的评论

法律理由的排他性与内容独立性是支撑权威命题的基础,也是排他性法律实证主义与其他法哲学流派相竞争的根据。Wilfrid Waluchow、Heidi Hurd与Larry Alexander对法律理由性质的批评都不足以推翻法律的排他性,但排他性并不必然产生义务,因此既要坚持以法律的制度性为基础的实践权威的特征,又要改进权威合法性的证成模式,使得权威理由能够产生服从的道德义务。法律的规范性不是一个事实问题而是一个证成问题,民主参与的因素可以把实践权威的排他性与行动者实践推理的内在性结合起来,从而权威可以使服从者产生服从的道德义务。     

NEIGHBORHOOD STRUCTURE AND RACE‐SPECIFIC RATES OF INTIMATE ASSAULT*

Addressing the methodological shortcomings of extant research on the racial invariance thesis, race‐specific rates of intimate assault are examined across census tracts in Hamilton County, Ohio. We extend Miles‐Doan's (1998) approach to examining neighborhood structural effects on intimate assault rates in order to test the racial invariance thesis. Findings reveal comparable effects of neighborhood disadvantage and population age structure on assault rates for African‐American males and white males, yet a stronger effect of “disinvestment” (in marriage and in neighborhoods) on rates for African‐Americans. These results conflict with previous city‐level analyses demonstrating stronger structural effects on other violent crime rates for whites.     

Graduation and Deepening: An Ambitious Post-2012 Climate Policy Scenario

In the second commitment period 2013–2017, the Kyoto Protocol structure is strengthened considerably. The current Annex B countries agree to reduction targets averaging 23% reductions from 1990 level. This induces non-Annex B countries to take up emissions targets according to a multi-tiered graduation system. Graduation is undertaken according to thresholds defined by per capita GDP and emissions. Compared to the current Annex B, coverage of emissions by absolute caps would increase by about 25%; large low-income countries such as India and China do not graduate. Therefore, large emitters above 50 million t. p.a. can utilise a policy-based Clean Development Mechanism. Sinks of all types – terrestrial, marine and geological can be used. To achieve this policy scenario, voter pressure due to extreme meteorological events and a coordination of all progressive forces in the international climate negotiations are necessary. Moreover, a judicious combination of carrots and sticks has to be developed to entice Non-Annex B countries to graduate.     

The end of a strategic opening? The BNP's window of opportunity in the 2000s and its closure in the 2010s

ABSTRACT

Notwithstanding the endemic failure of extreme-right parties in Britain, the British National Party (BNP) observed a period of electoral growth in the 2000s. After the election of several city councillors nationwide, the BNP experienced an electoral breakthrough in the national ballot of the 2009 European Parliament elections. Yet the BNP's electoral accomplishments dissipated in the early 2010s, fuelling predictions of the party's terminal decline. Within this context, Carvalho seeks to explain the fluctuations observed in the BNP's electoral base in the twentieth-first century by exploring the structure of political opportunities alongside the strategy of the BNP's leadership. Drawing on the convergence thesis and the decline of voting along class lines, he argues that the BNP benefitted from a favourable set of political opportunities in the 2000s, reflecting the decrease in political polarization among mainstream parties, the rise in levels of public distrust, and the intense politicization of the issue of immigration. Despite a general shift to cultural xenophobia, the BNP's leadership remained attached to the ideological traits of neo-fascist parties, including the search for a ‘palingenetic rebirth’ and a national corporatist economic programme. These ideological formulae had important implications for the scope of the BNP's electoral coalition, as Carvalho demonstrates in a review of the secondary literature on the roots of the BNP's electoral support. Consequently, the BNP's electoral growth in the 2000s was the outcome of an interplay between a favourable window of opportunity in British politics and the party's electoral appeal. Carvalho goes on to link the BNP's electoral collapse in the early 2010s with the closing of the aforementioned window after the onset of the financial crisis, a temporary lack of political interest in the issue of immigration, and the formation of the coalition government in 2010.     

Friendship,Courting, and Engagement: Pre-electoral Coalition Dynamics in Action

The literature on pre-electoral coalitions (PECs) still relies heavily on comparative statics to gauge whether a PEC is likely to form and/or its effects on government formation. However, less is known about the behavioural dynamics of PECs. The dynamics of the recent 2009 PEC between the Socialist People's Party and the Social Democrats in Denmark are assessed. Elaborating on the signalling hypothesis, it is argued that coalition members over time must show their ability to vote together in parliament in order to establish a credible commitment. Empirical support is found for this take on the signalling thesis. It was also found that the distance between the parties narrows before the formulation of the PEC, and distinct phases in the process are pointed to, which the authors coin ‘friendship’, ‘courting’, and ‘engagement’. Finally, alternative explanations are assessed and the question of which party of the PEC would have to change voting patterns in the inter-party coordination process in order to become 'office-fit' is addressed. It is concluded that PECs have a systematic effect on the members' parliamentary voting behaviour and that they serve as a preparatory signalling device for opposition parties with office ambitions.     

Testing the Universality of the Gender Equality–Peace Thesis: The Influence of Increased Gender Equality on Terrorism in Turkey

Gender inequality has been empirically linked to the incidence of terrorism, as a motivator for women’s involvement in terrorism, and political and social violence more generally. Although these studies demonstrate that advances in gender equality on average decrease terrorism, it is unclear how these influences translate to individual nations or conflicts. Because Turkey has witnessed consistent but unequal regional advances in gender equality, it provides an ideal setting to examine how these developments have influenced terrorist violence. Analyzing data from Turkey’s 81 provinces from 2000–2013, this study finds important regional differences in the influence of gender equality on terrorism.