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本文主妥围绕我国新刑法第5条规定的罪责刑相适应原则展开论述。作者分别从“所犯罪行”与“刑事责任”两个角度阐述了与“刑罚轻重”相适应问题,提出并论证了以刑事责任为纽带重新确立罪—责—刑三者的均衡关系的体制。  相似文献   

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Abstract

The article studies the experience of slavery and its abolition on the sugar plantation La Esperanza, on the northern coastal plain of Puerto Rico. It offers a snapshot of La Esperanza's slave crew and presents insights into the affective relationships slaves established among themselves. Based on census material and court records, the article focuses on slave agency and on the opportunities rendered by the political and administrative context created in the colony after the triumph of liberalism in Spain. As the abolition of slavery approached, the local court restricted planters' traditional rights to administer punishment to their bondsmen, who they now began to see as potential free citizens. Slaves responded accordingly and played a decisive part in the process of change, thus showing understanding of the law and its possibilities. The events described here will help depict how ‘freedom’ took shape and how the administration of justice was becoming an exclusive prerogative of the state and its already dense network of intervention. The slaves were quick to observe and partake in the rigorous truth-establishing processes of meticulous investigation and witness interrogation characteristic of the practice of ordinary justice as it began to break into the plantation.  相似文献   

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龚文娟 《社会》2007,27(3):156-156
本文通过对湖北省武汉、荆州、洪湖三个地区973名失业者的调查,描述了失业者的再就业行为的基本状况,并运用高级统计方法分析了影响失业者再就业行为的主要因素。研究发现:失业者再就业态度积极,但多数人从事着社会地位低、无稳定性的非正式职业或自雇职业;个体的社会特征因素对失业者再就业行为的影响显著,而再就业意愿对再就业行为的影响不显著。所以,本文不支持失业者由于就业期望过高而制约其再就业的看法。  相似文献   

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This article examines walking as a spatial-temporal practice as well as a transformative practice within public space. The historical center of Athens has recently undergone a major transformation of its public spaces, produced mostly by major pedestrianization projects within the context of a reworking of the archaeological touristic profile of the capital. This article aims to explore the plural facets of experiencing the city while walking, which have been neglected by Greek planning authorities. Temporality, rhythmicity and presence make walking a meaningful practice that goes beyond the objective perception of the trail. Drawing on the narratives of six citizens while walking, this article seeks to develop a vocabulary capable of informing public space design. The author, who takes a geographical, ethnographic perspective, aims to contribute through developing fieldwork methods and deepening the debate on public space planning by revealing walking as a place-anchored experience.  相似文献   

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The aim of this article is to analyse the role of the legal representative in therapeutic law, specifically in Swedish administrative court hearings relating to compulsory care. Data are collected from three types of cases where a health or social welfare authority argues that it is necessary to apply coercion to a citizen: the Care of Young Persons (Special Provisions) Act, the Care of Alcohol and Drug Abusers (Special Provisions) Act and the Compulsory Psychiatric Care Act. The data consist of audio-recordings from 39 hearings, supplemented by 28 interviews with participants in these hearings, and court documents. Three primary roles of the legal representatives are identified: defender, spokesperson and therapist. We show how the primary role of the attorney becomes that of the spokesperson, but also that the role of the therapist takes precedence over that of the defender.  相似文献   

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This article explores the findings of a study on the role of the social worker in adoption with a focus on ethics, concentrating on the perspectives of adopted people, birth parents, and adoptive parents. Their reflections challenge policy attempts that are framed around “new beginnings” for children. The focus on hope in such policy projects fails to understand that hope inevitably coexists with anger and loss. The concept of ethical trespass, with its recognition of the inevitability of harm, is explored in terms of its possibilities for recognizing the lived realities for multiple stakeholders. The mitigation of ethical trespass requires social work practices that are characterized by humility, honesty, and reflexivity.  相似文献   

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Since Brown v. Board of Education (1954), social scientists have argued that education is important to change in racial attitudes given opportunities for interethnic contact. Students today are presented, also, with opportunities for interethnic learning through curriculum and extracurricular programming. The importance of contact, curriculum, and residence hall programs for the attitudes of first-year college students from three ethnic groups was examined. Students ( n = 791) completed surveys at the beginning and end of the year. Regressions tested the relationships of these first-year experiences to intergroup attitudes (awareness of ethnic inequality, support for policies addressing ethnic inequality) at the end of the first year, controlling for initial attitudes and background. Contact and curriculum were related to attitudes for European American students .  相似文献   

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This study examines Blacks’ participation in the ministry in the U.S. South during the early twentieth century. Analyses of Census data reveal that the odds of southern Blacks’ participation in the ministry were exceptionally high. These odds were lowest in the hinterlands of the Deep South, where Blacks’ socioeconomic disadvantages were greatest, and highest in the South's largest cities, where Blacks had established urban communities. The results suggest that support for Blacks’ participation in the ministry was intensified by urbanism in the South's major cities.  相似文献   

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This article analyses an episode of intense socio-political conflict over the question of abortion in 1970s Italy. Considering the shifting positions of feminist groups and other pro-legalization actors on the one hand, and institutions, political parties and the Church on the other, it offers a new analysis of social mobilization, leading to parliamentary debate and legal change. It presents an original approach to an understanding of feminist challenges to patriarchal cultures and institutions, and of the latter’s immediate responses. Focusing on Italy but referring to developments in other industrialized countries, the article inscribes the history of the battle for reproductive rights in 1970s Italy within a framework centred on the Foucauldian notion of biopolitical power. It is argued that the legal settling of the issue came to be seen by state actors as central to the wider socio-political stabilization of the country. For feminists, the question of abortion was less straightforward than is often assumed. Italian feminist debate, while visibly impacting on wider society, was marked by dilemmas around the private and the public, the relationship to the state, and concerns around centring the feminist agenda on reproduction.  相似文献   

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