美､德个人信息宪法保护路径比较及启示——以个人信息的双重属性切入

个人信息的保护研究一般基于信息的人身性与财产性为选择保护的路径,却忽略了个人信息的人身依附属性.根据自由主义与社群主义对自我的解释得出个人信息具有个体性与公共性的双重属性.基于此双重属性导致美、德两国在个人信息保护模式上有所区别:美国将个人信息作为隐私权保护外延,显示其对信息个体性的追求;德国利用领域理论将个人信息作为人格尊严的保护客体,显示其对信息公共性的偏向.从法律文化视角比较,两国存在价值取向与隐私认可程度的差异,由此造成对个体性和公共性的不同偏向;两国又因司法谦抑主义与公共安全和个人信息保护的竞争,导致保护限缩的共同趋向.两种保护路径反映不同的法律文化的同时,也体现出两国都重视在立法基础上的宪法审查运用,以此平衡个人信息的个体性与公共性.故我国个人信息保护亦需以“审查”作为个人信息保护的有效方式,并以个体性与公共性的动态平衡作为判断标准.具体审查可以从程序上的公正平衡与实体上的合理平衡两方面进行判断,以此为个人信息提供有效保护.此外,打破个体性与公共性平衡状态的唯一变量只能基于公共利益的考量.     

Feminism and science in Masters of Sex

This article examines the fictional characterization of the real-life sex researchers and scientists William H. Masters and Virginia E. Johnson in the Showtime television program Masters of Sex (2013–2016). The historical Johnson had a complicated relationship with second-wave feminism: she disdained the movement and was interested primarily in improving heterosexual marriages and the sex lives of married couples. The Johnson character speaks in a language of postfeminism with minimal interest in collective action and broader social change. However, second-wave feminists later used her and Masters’ research in order to support their own beliefs about sexual autonomy and freedom, within and beyond marriage and heterosexuality. The television program demonstrates Johnson’s importance to both phases of her and Masters’ research—in the first phase, when they are based in a hospital and university environment, and in the second, when they establish their own research institute and raise funds directly from the clients that they serve. Johnson exemplifies postfeminist depictions of ambitious women in prestige television, her aim to have a successful career and marriage conflict, and while she is willing to compromise scientific values to serve her own goals, her male colleagues temper that ambition in service of “objective” science.     

No experience required: Violent crime and anticipated,vicarious, and experienced racial discrimination

There is a growing body of evidence linking racial discrimination and juvenile crime, and a number of theories explain this relationship. In this study, we draw on one popular approach, Agnew's general strain theory, and extend prior research by moving from a focus on experienced discrimination to consider two other forms, anticipated and vicarious discrimination. Using data on black, white, and Hispanic youth, from the Project on Human Development in Chicago Neighborhoods (PHDCN), we find that experienced, anticipated, and to a lesser extent, vicarious discrimination, significantly predict violent crime independent of a set of neighborhood, parental, and individual level controls, including prior violent offending. Additional analyses on the specific contexts of discrimination reveal that violence is associated with the anticipation of police discrimination. The effects tend to be larger for African American than Hispanic youth, but the differences are not statistically significant. These findings support the thesis that, like other strains, discrimination may not have to be experienced directly to influence offending.     

Chinese youth performing identities and navigating belonging online

This paper examines the experiences of belonging of young Chinese internet users through an analysis of their online identity practices. Drawing on a qualitative research project about online citizenship practices of 31 young Chinese citizens from mainland China, I explore their experiences of belonging on two online platforms (Weibo and WeChat) and the identities formed and sustained through these experiences. The results show that young people experience different senses of belonging in different social media spaces. Their strategies in navigating these experiences are informed by (a) their perceptions of online spaces as private or public, and (b) using online identity performance as a supplement to or escape from identities in physical life. I argue that young Chinese internet users experience different senses of belonging by flexibly appropriating the affordances of social media platforms for communication and networking; these senses of belonging play a key role in forming and sustaining their identities, and are crucial for their wellbeing.     

Conquering with capital: social,cultural, and economic capital’s role in combating socioeconomic disadvantage and contributing to educational attainment

While socioeconomic barriers to learning have been well-documented by education, sociology, and social policy scholars, further research is needed to understand how students with low-socioeconomic status excel in high-performing schools. The collection and analysis of 20 in-depth interviews with female college students from different racial and socioeconomic backgrounds provide rich insights into the stark differences between the educational practices of low and high-SES students. Building on Bourdieu’s conceptualization of how habitus and capital influence practices in the field of education exposes unique, strategic practices that low-SES students use to attain educational success within a system of reproduction and power. While entering a high-performing school is often perceived as a definitive step for accessing high-quality educational resources, my findings illustrate how it is actually an important intermediary step within a more complex process. Increasing educational opportunity and attainment for low-SES students requires improving their access to social, cultural, and economic capital through knowledgeable mentors who contribute to a habitus and portfolio of capital which enable practices to successfully navigate and challenge the educational system.     

Students’ health engagement and affective relations in Danish upper secondary school

To increase our understanding of the dynamics of young people’s embodied engagement in health, this article analyses Danish upper secondary school students’ understandings and practices of health and the role of the school environment in these dynamics. Participatory, visual and narrative data were collected during fieldwork with 37 students aged 16–17. Deleuze and Guattari’s philosophy of the body is applied to analyse the affective relations and emerging body-health assemblages within the students’ school life, which generated force and vitality (here conceptualised as health). Through becoming within sensuous, social and political body-health assemblages, the students attempted to curb school stress, sustain social belonging in an individualistic school environment and both reproduce affirming power discourses and subvert their territorialisation. The study proposes an analytical shift in perspective on young people’s health away from an individualistic ‘components approach’ towards a relational understanding, and suggests that students’ health at school relates to collectivity, quality, rhythm and co-produced engagement, rather than individuality, quantity, rules and performance, which increasingly characterise Danish health discourse and school policy.     

Strategies and cues adolescents use to assess the age of an online stranger

A common risk among adolescents is sexual solicitation, in which an adolescent is asked to provide sexual information, engage in sexual talk, or in sexual activities. Although scholars increasingly address this topic from an intrapersonal perspective, there is little attention to factors of language use and message content. In two focus group studies, we investigated whether adolescent girls consider themselves capable of assessing whether an online stranger is an adult or a peer, the extent to which adolescent girls actually succeed in making this assessment, the strategies they apply to do so, and the content- and language-related cues focused on. Our findings suggest that most of the adolescent girls are confident in their ability to assess whether the stranger is a peer or an adult with possible sexual intentions. However, we also found that only 43% were able to correctly make this assessment. Most of the adolescents seem to apply the passive strategy of uncertainty reduction: They scan the profile page of the stranger, check contact information, and the profile picture. They may choose to apply the interactive strategy to find out more about the online stranger. Important content-related cues that alarm adolescent girls are: ignoring personal questions, showing an exaggerated amount of interest, acting as a friend, and being sexually oriented. Language cues mentioned related to word usage, abbreviations, sentence length, and tone.     

Social service purchasing in China: Rationale,features, and risks

As part of a broader program of market reform, China's local governments are progressing an agenda of purchasing child welfare and other social services from the nongovernment sector, primarily to expand capacity and address vast unmet need. This paper draws on current research evidence to explore the approaches to purchasing emerging in China, examining the rationale for purchasing and models of supply, competition, and regulation. While some approaches are modeled on direct service contracting, direct purchasing of social service “posts” is also used, aimed at achieving goals of professionalization alongside service expansion. Overall, the review shows purchasing is helping to rapidly expand service scale and capacity; however, regulatory strategies for managing and mitigating risks to quality and access appear lacking. This highlights the need for further scholarship aimed at developing the robust risk management strategies which are required to support high quality, sustainable provision of purchased services.     

Using the Theory of Planned Behaviour to Understand Motivation to Register Births in Lombok,Indonesia

Despite government interest in promoting birth registration, more than a third of Indonesian children do not have a birth certificate, affecting the realisation of both their human and citizen rights. While barriers to registering children's births in Indonesia have been assessed, there is limited research on how communities perceive the importance of having a birth certificate. This study used focus group discussions to explore parental motivations around birth registration. The results of a thematic analysis found that perceived use of birth certificates, perceived control over the application process and social norms related to certificate ownership affect the intention to apply.     

Statistical Inference Enables Bad Science; Statistical Thinking Enables Good Science

ABSTRACT

Scientific research of all kinds should be guided by statistical thinking: in the design and conduct of the study, in the disciplined exploration and enlightened display of the data, and to avoid statistical pitfalls in the interpretation of the results. However, formal, probability-based statistical inference should play no role in most scientific research, which is inherently exploratory, requiring flexible methods of analysis that inherently risk overfitting. The nature of exploratory work is that data are used to help guide model choice, and under these circumstances, uncertainty cannot be precisely quantified, because of the inevitable model selection bias that results. To be valid, statistical inference should be restricted to situations where the study design and analysis plan are specified prior to data collection. Exploratory data analysis provides the flexibility needed for most other situations, including statistical methods that are regularized, robust, or nonparametric. Of course, no individual statistical analysis should be considered sufficient to establish scientific validity: research requires many sets of data along many lines of evidence, with a watchfulness for systematic error. Replicating and predicting findings in new data and new settings is a stronger way of validating claims than blessing results from an isolated study with statistical inferences.