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法律概念的命令说在西方源于阿奎那 ,经霍布斯至奥斯丁趋于成熟 ,强调法律的强制性是命令说的基本特征。 2 0世纪西方著名法学家哈特对法律概念的命令说进行了系统的批判 ,其中对授权性规范的强制性予以否认。笔者认为 ,将强制性作为法律的基本特征是可以质疑的 ,这种观点是专制主义的义务本位法文化的表现 ,应予革除。 相似文献
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市场强制与国家干预 总被引:1,自引:0,他引:1
周林军 《西南大学学报(社会科学版)》2002,28(1)
通常的理念是一个不受干预的市场中可以存在充分的自由竞争 ,自由的市场必然与外部强制性对立。然而另一个角度的研究却表明 ,即便是一个没有外力强制作用的市场本身也存在着内在的强制 ,正因为如此 ,人们被迫作出一种制度选择———国家干预。 相似文献
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Why do some people comply with their obligation to pay taxes while others do not? Scholars of tax behavior, particularly economists and political scientists, have relied on models of state coercion and state reciprocity to answer this question. Neither state coercion nor state reciprocity, however, sufficiently account for individuals who voluntarily comply with their tax obligations to the state. We offer a third explanation, derived from the new sociology of morality and moral psychology, suggesting that two types of moral attitudes (moral imperatives and moral alignment) affect tax compliance. Using a factorial survey experiment of income tax evasion and a survey questionnaire administered to a nationally representative random sample of U.S. adults, we provide a systematic test of the three different models of tax compliance. The results yield strong support for moral attitudes (both moral imperatives and moral alignment) and state coercion, but little support for state reciprocity. We review the implications of our findings in the discussion and conclusion. 相似文献
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学术界对强制关系的研究较少,尽管它无处不在。本文基于要素论探讨强制结构的含义、分类及模型,重点探讨了间接强制结构的效应。间接强制是涉及至少三个行动者的一类“不给钱就制裁,给钱就‘保护’你”的结构关系。实验研究结果表明,在边界条件内,间接强制结构与直接强制结构一样有效力,即有类似的强制幅度和力度,二者都使强制者获得最大的剥夺率。本文最后讨论了影响强制效果的因素,包括强制者的贪欲与策略、强-强联盟及受制者联盟的效应等。 相似文献
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尚闯 《洛阳理工学院学报(社会科学版)》2014,(4):109-112
“未获被害人同意”是强奸罪最基本的构成要件要素。暴力、胁迫等手段是被害人不同意的外在表征。被告人排除成立强奸罪要求被害人存在同意且同意有效,同意有效首先要求判定被害人具有同意能力,然后结合暴力、胁迫等手段的强弱具体分析。据此,轻微暴力或胁迫通常不能使同意无效。 相似文献
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郭艳红 《重庆交通学院学报(社会科学版)》2014,(2):141-144
"谅+NP+VP"是现代汉语中常见的口语表达。分析"谅+NP+VP"构式的句法结构特点;从语义、语用视角考察其构式义、适用语境和话语功能;以认知构式语法为理论基础,探索该构式的成因理据,认为该结构的构式义是构式压制和词汇压制互动的产物。 相似文献
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E. Sandra Byers Ph.D. 《Journal of sex research》2013,50(2):235-254
A role‐play procedure was used to investigate the effects of acceptance of rape supportive beliefs (RMA), sexual intimacy, and sexual arousal on behavior in sexual disagreement situations. In Experiment 1, 67 college women role‐played their responses to their date's initial and continued unwanted sexual advances after viewing either an erotic or a neutral videotape. The women were more definite in their nonverbal responses to the “continued” than to the “initial” sexual advances. Low RMA women were less definite, and high RMA women were more definite, in their nonverbal refusals of unwanted intercourse than of unwanted breast fondling. Low RMA women were more definite in their verbal refusals after viewing the neutral than the erotic videotape. In Experiment 2, 78 college men role‐played their responses to their date's first and second refusal of their sexual advances. Men were less compliant in response to the first than to the second refusal. High RMA men who viewed the neutral film were less compliant than were low RMA men. However, high RMA men who viewed the erotic film were more compliant than high RMA men who viewed the neutral film. The men who viewed the neutral film were less compliant with refusals of breast fondling than with refusals of intercourse. Additionally, men who viewed the erotic film were more compliant with refusals of genital fondling than with refusals of intercourse. Finally, sexual experience and sex‐role ideology predicted when the man would try the same advances again. 相似文献
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《Journal of child sexual abuse》2013,22(3-4):33-55
SUMMARY Research on the origin of sexual aggression has identified several important contributing factors: (a) early abuse (physical and sexual), (b) personality/behavioral traits (callousness and unemotionality, antisocial behavior/impulsivity, and hypersexuality), and (c) attitudinal/cognitive variables (negative masculinity, hostility toward women, misogynistic fantasies). We developed and tested an etiological model of sexual coercion on adult samples of sexual offenders and community controls. The model proposes three major causal pathways to sexual coercion. Using data gathered from a computerized interview, we employed this same model to predict sexually coercive behavior in a sample of 218 juvenile sexual offenders. The cross-sample consistency of the model provides support for a unified theory of sexual aggression against women. 相似文献