涉外因素识别条款之扩张解释的适要性与基准——以西门子诉黄金置地案为切入

在上海西门子国际贸易公司诉上海黄金置地公司案中，裁决者是否有必要对涉外因素识别条款进行扩张解释的问题备受争议。缘于涉外因素识别条款本身固有的诸多结构性弊病及条款日益凸显的滞后性与简单僵化的征象，法律适用者对涉外因素识别条款的扩张解释是适要的。为谨防扩张解释的舛误与滥用，涉外因素识别条款的扩张解释必须恪守其原则和原旨基准容许的边界。涉外因素识别条款的扩张解释必须严格遵循国际私法基本原则的价值指引和严密契合国际民商事实践新发展诉求的宏观基准。且涉外因素识别条款之扩张解释必须依循涉外因素概念的内涵和外延展开解释的微观基准，遵循从涉外因素的应然外延至本源内涵的识别序列展开解释。     

基层党组织有限介入：农村社区“两委”候选人的当选逻辑——基于政策文本分析

作为农村社区“两委”换届选举的关键步骤，农村社区“两委”候选人的产生备受关注。借助街道党组织社区“两委”候选人换届政策文本，勾勒出社区“两委”候选人在基层党组织设定的双重候选条件下的当选逻辑，并以fs-QCA定性比较分析法对社区“两委”候选人胜出资质进行检验。结果显示，良好群众基础是潜在候选胜出的必要条件，同时具备群众基础和政绩两要素是潜在候选人胜出的有效途径；仅凭借经济实力或宗族势力等资源禀赋并不能使其成为“两委”正式候选人；街道组织部门受政治稳定逻辑驱使，往往采取多样化策略减少社区选举“变数”。因此，基层党组织对农村社区“两委”选举过程的有限介入并非有损基层民主质量，相反，它使农村社区选举表现出有别于乡村选举的优良特质。     

‘Some have ideologies,we have values’: the relationship between organizational values and commitment in a political party

ABSTRACT

This paper seeks to advance the study of organizational values by analyzing the role of values in a Danish political party called The Alternative, a party claiming to be guided by values rather than ideology. Inspired by recent work in organizational psychology, I group The Alternative’s values into two categories: vision values and humanity values. Through an empirical investigation, I show how the vision values encourage members to take initiative in realizing their own political ideas, while the humanity values encourage them to remain morally inclusive towards people with different views. The combination of vision and humanity values allows The Alternative to maintain commitment from members who might otherwise feel marginalized by the emergence of dominant ideas within the party. The paper’s contribution consists in highlighting the importance of using qualitative methods to study how values influence commitment and to expose the political dimension of this relationship.     

Note passing as gendered practices of public ambiguity in a hyper‐masculine organization

This article explores a surprising and seemingly mundane organizational practice: passing notes during professional meetings. Based on 34 in‐depth interviews with women in a hyper‐masculine organization — the Israeli military — this study focuses on what I term gendered practices of public ambiguity. It demonstrates how these practices shed light on three interrelated paths to power at work: (i) practices of public intimacy between men; (ii) practices of women's degradation by men; and (iii) practices of recognition claims by women. The tension between the publicity inherent in the routine passing of notes and the ambiguity of their contents calls for a more nuanced theorization of gendered power practices, which transcends the accepted dichotomy of doing and undoing gender, reproducing or challenging the symbolic gender order. The findings show that gendered micro‐practices can become polysemic symbolic spaces in which women redirect the flow of power, if only temporarily and locally, and turn it into a multidirectional and multi‐agentic resource. The conceptual contribution of these findings is discussed in terms of the positioning of women in hyper‐masculine environments as pragmatic subjects who (re‐)construct mechanisms of power out of the restricted repertoire available to them.     

Understanding the Ecological Validity of Relying Practice as a Basis for Risk Identification

Understanding the reliability of hazardous organizations and their protective systems is central to understanding the risk they produce. Work on “high reliability organization” has done much to illuminate the conditions in which social organization becomes reliable in highly demanding conditions. But risk depends just as much on how relying entities do their relying as it does on the reliability of the entities they rely on. Patterns of relying are often opaque in sociotechnical systems, and processes of relying and being relied on are mutually influencing in complex ways, so the relationship between relying and risk may not be at all obvious. This study was an attempt to study relying as a social practice, in particular analyzing how it had ecological validity in a social organization—how practice was responsive to the conditions in which it took place. This involved observational fieldwork and inductive, qualitative analysis on an offshore oil and gas production platform that was nearing the end of its design life and undergoing refurbishment. The analysis produced four main categories of ecological validity: responsiveness to formal organization, responsiveness to situational contingency, responsiveness to information asymmetry, and responsiveness to sociomateriality. This ecological validity of relying practice should be a primary focus of risk identification, assessing how relying can become mismatched to reliability in certain ways, both when relying practice is responsive to circumstances and when it is not.     

Theorising the power of citizenship as claims-making

I advance a conceptual approach to citizenship as membership through claims-making. In this approach, citizenship is a relational process of making membership claims on polities, people and institutions, claims recognized or rejected within particular normative understandings of citizenship. Such a conceptual shift moves scholarship beyond typologizing—enumerating how citizenship is (or is not) about status, rights, participation and identity—to identifying the mechanisms through which claims on citizenship have power. This framework requires a relational approach and attention to dynamics of recognition within contexts of structured agency. Immigrants and their children can make claims to modify the normative content of citizenship, affect recognition evaluations and change the allocation of status and rights. But they are also constrained by legal structures, a society's institutional practices, and prevailing public perceptions. Citizenship as claims-making may require a reassessment of boundary approaches and a turn to metaphors of positionality, as well as more serious commitment to mixed-methods research. The stakes of understanding citizenship's power, as practice and status, are especially high right now. Yet based on existing scholarship, it is not entirely clear how much citizenship matters, in what ways, for whom, or why. This is the challenge for future scholarship.     

Ambidexterity penetration across multiple organizational levels in an aerospace and defense organization

The ambidexterity framework, which comprises two contradictory, yet interrelated processes of exploration and exploitation, has been researched using a variety of perspectives. Few studies, however, provide insight into the question: how is ambidexterity managed across multiple organizational levels? To address this question, we introduce the term ambidexterity penetration that refers to the enactment of ambidexterity across multiple organizational levels and develop a conceptual framework about how it is practiced (horizontally, vertically and organizationally). We empirically showcase this framework using findings from six business units of an aerospace and defense organization and analyzing data from 30 interviews. Overall, our study contributes to ambidexterity research and offers an empirical investigation of ambidexterity penetration across multiple organizational levels in the context of the aerospace and defense sector.     

Professional blinders? The novel as an eye-opener in organizational analysis

ABSTRACT

Scholarly textbooks often follow a logic where suitable empirical cases are selected to illustrate the theoretical and analytical points that we as scholars want to make. But what would happen if we would do the opposite: build a textbook on a novel written by a novelist for such purpose and let the theories explain the actions and emotions of fictional characters? In this article, we share and reflect upon our experiences of co-authoring a textbook in organization theory together with a professional novelist. We argue that the novel can function as an eye-opener in organizational analysis, forcing us to look beyond more static and rationalistic perspectives on organizations as well as the stereotypes of such. We build and relate our experiences to the growing literature about using fiction in scholarly work and discuss the potential of such genre-bending work when we bring in flesh and blood into the analyses.     

Women's entrepreneurship,neoliberalism and economic justice in the postfeminist era: A discourse analysis of policy change in Sweden

Since the early 1990s, there has been investment in women's entrepreneurship policy (WEP) in Sweden, which continued until 2015. During the same period, Sweden assumed neoliberal policies that profoundly changed the position of women within the world of work and business. The goals for WEP changed as a result, from entrepreneurship as a way to create a more equal society, to the goal of unleashing women's entrepreneurial potential so they can contribute to economic growth. To better understand this shift we approach WEP as a neoliberal governmentality which offers women ‘entrepreneurial’ or ‘postfeminist’ subject positions. The analysis is inspired by political theorist Nancy Fraser who theorized the change as the displacement of socioeconomic redistribution in favour of cultural recognition, or identity politics. We use Fraser's concepts in a discourse analysis of Swedish WEP over two decades, identifying two distinct discourses and three discursive displacements. Whilst WEP initially gave precedence to a radical feminist discourse that called for women's collective action, this was replaced by a postfeminist neoliberal discourse that encouraged individual women to assume an entrepreneurial persona, start their own business, compete in the marketplace and contribute to economic growth. The result was the continued subordination of women business owners, but it also obscured or rendered structural problems/solutions, and collective feminist action, irrelevant.     

承认的社会构成

霍耐特的承认理论是当代最受重视的社会理论之一。然而，在霍耐特援用米德的理论将承认概念加以社会理论化的工作中，没有进一步探讨社会互动，使得他的承认理论存在内在缺陷。对此，本文尝试进一步从社会互动的生成分析出发，探讨承认的社会构成。通过对承认的社会构成机制的分析，可以将承认明确定义为一种社会互动，其中，由于行动者因与其他行动者有相同、或被接受的观念与实践方式，故有可能被其他行动者同意该行动者的存在价值，使之能获得所需的社会行动的支持。一方面，霍耐特的理论内在缺陷可以从社会学的角度在一定程度上得以弥补；另一方面，经修补之后，也可望让承认理论为社会学提供新的研究视角。