章公祖师佛像跨国追索诉讼国际私法问题研究

从章公祖师佛像跨国追索诉讼主体资格问题切入,分析佛像的法律性质,探讨涉案物权准据法的确定及适用问题。该案原告应由阳春村全体村民担任。涉案佛像属于文物,建议村民在荷兰法院提起原物返还之诉。受案法院应当适用物权冲突法确定准据法,即可能适用中国内地、中国香港或荷兰法律。被告在购买时应当对涉案佛像来源产生合理怀疑,因此不构成“善意”;原告应尽可能搜集证据证明《荷兰民法典》规定的20年消灭时效因起诉而中断。依据《香港货品售卖条例》和中国内地物权法理论与实践,被告均不能取得系争佛像的所有权。     

Generational conflict and provisions for the elderly in Hong Kong: The relevance of position‐based interest and values

Respect for the elderly and hence the associated rights support a generational contract. Nevertheless, the case of the recent debate on the universal retirement scheme in Hong Kong has raised concerns about its strength. We identify relevant items from the sixth wave of the World Values Survey to explore the orientations of different generations toward others. The analysis shows differences between younger and older generations. Regression analyses show that values are not significant in explaining the differences, but various positions, including sex, marital status, and education, and perceptions of the elderly are relevant. Such differences across generations might weaken the generational contract and potentially engender conflicts as shown in the recent debate about the retirement scheme. We suggest short‐ and long‐term interest calculations, informed by their positions, play a more significant role in policy discussions and decisions, rather than simply appealing to values.     

Challenges and dilemmas working with high‐conflict families in child protection casework

Social workers within child protection services report that families marked by high levels of conflict between separated parents are among the most challenging cases to handle. Few studies however have focussed on how social workers themselves experience and meet with parents involved in hostile martial interactions. This article reports on a qualitative study involving 31 social workers and provides an analysis of their experiences and dilemmas in working with such families. Findings demonstrate that social workers struggle to find ways to help high‐conflict families and often find themselves at an impasse. Parents involved in such conflict are highly resistant to change, and social workers struggle to engage with them over concerns about their children. Furthermore, findings suggest that social workers lack organizationally allotted time to assist the parents. I conclude by discussing ways in which emotional support, empowering interventions, and strength‐based approaches enable social workers to manage relationships with high‐conflict families. More research on this topic is needed to support and promote better practices for social workers to be more effective in assisting high‐conflict families.     

德行领导对员工创新行为的影响---工作繁荣与情感承诺的作用*

研究表明，德行领导作为家长式领导的核心维度，对员工行为有重要影响，但现有研究忽视了员工工作状态的重要作用。本文基于自我决定理论，以员工工作繁荣为中介，探讨德行领导对员工创新行为的影响，并从社会认同的情感视角出发，考察了情感承诺在上述关系间的调节作用。研究表明，德行领导对员工工作繁荣与创新行为均存在显著正向影响；员工工作繁荣对其创新行为存在显著正向影响；员工工作繁荣在德行领导与创新行为之间起部分中介作用；情感承诺调节了德行领导对员工创新行为的影响，情感承诺越高，德行领导对员工创新行为的影响越显著。     

Figures of youth: on the very object of Youth Studies

ABSTRACT

‘Youth’ as a social category is used and abused in all manner of ways across an array of fields, platforms, discourses and spaces, Youth Studies notwithstanding. When we talk about ‘young people’ sometimes we seem to be referring to different phenomena, depending upon our political interests, theoretical perspectives and research methods. This article interrogates how the concept of ‘youth’ is figuratively put to work. By suggesting different figures of youth, and inviting suggestions for more, I propose that tracing how they are situated in different ontological spaces can develop a clearer conception of our research object(s) and help reduce confusion and the possibility that we are talking past each other. The incomplete picture I want to paint of figures of youth, in quite broad-brush strokes, all inter-relate in something of a feedback loop, a material-semiotic assemblage that forms powerful affects for the ways that ‘youth’ is brought into being, how youth are researched, governed, co-opted and exploited.     

The paradox of illicit economies: survival,resilience, and the limits of development and drug policy orthodoxy

ABSTRACT

The illicit drug crops opium and coca are conventionally regarded as sources of instability, an ‘evil’ that breeds fragility and violence. Fragile states are supposed to be most vulnerable to their production and consequent harms. Yet by looking into the local contexts of the world’s leading opium and coca producers – Afghanistan, Myanmar, Colombia and Bolivia – these illicit crops are found to also be sources of stability, even drivers of economic growth. They enable marginalized communities and territories abandoned by the state to be reinserted into national and global markets. Within so-called ‘fragile’ and conflict-affected areas are displaced and dispossessed households adopting innovative and unorthodox strategies for coping and survival in changing and insecure environments. This paper maps out an approach, useful for examining the resilience that has emerged amidst violence and uncertainty in illicit-crop-producing territories, and which can hopefully tackle the continuing disconnect between drugs and development policy.     

Behavioral Determinants of Nonprofit Board Performance

There is an increased awareness that the performance of boards (good governance) is not only determined by structural determinants but by behavioral determinants as well. These behavioral determinants might be particularly important for public and nonprofit governance, where the role of the board is more diffuse and heterogeneous than in corporate governance. Here we investigate how social dynamics within boards in secondary education influence their performance. We follow a concise model that includes cognitive conflict, the use of expertise, effort norms, and social cohesion as determinants of board task performance. A survey among all secondary schools in the Netherlands serves as the empirical underpinning for this process‐oriented model of good governance. We show that the behavioral determinants have different effects on the control task and advice task of boards. Also, we find that cognitive conflicts in supervisory boards do not lead to less but rather to more social cohesion within boards. Building on these findings, we suggest a revised model of the behavioral determinants of nonprofit board performance.     

Absent bodies and present memories: marking out the everyday and the future in Eastern Sri Lanka

Drawing from ethnographic work carried out between 2005 and 2007, this article considers the ways in which a women’s network has developed strategies to find meaning around the absences of loved ones, killed or ‘disappeared’ during the decades of conflict in Sri Lanka. For most of these women, the fate of their husbands, brothers, sons and fathers is not known and the lack of answers means that they are unable to fully grieve and find closure. In order to survive, they must find ways to deal with the absent bodies and present memories of those who may never be located and accounted for. These strategies include tree-planting ceremonies carried out as a way of not only remembering and mourning loved ones but also asking questions about how one makes sense of loss and what it means to carry the burden of unanswered absences through everyday life and into the future.