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.     

Maternal responses to negative emotions and child externalizing behavior: Different relations for 5‐, 6‐, and 7‐year‐olds

Emotional and behavioral maturity expectations increase as children transition to primary school; thus, maternal responses that support and encourage children's expression of negative emotion may not benefit school‐age children as much as preschoolers. The current study explored a change in the utility of these maternal responses among 187 families (62 5‐year‐olds, 75 6‐year‐olds, and 50 7‐year‐olds). Mothers reported on their responses to children's negative emotions and children's externalizing and internalizing behaviors at two time points over 1 year. Multiple group analysis within cross‐lagged path models revealed a positive association between non‐supportive maternal responses and later child externalizing behaviors among 5‐year‐olds. However, non‐supportive responses were related to decreases in externalizing behaviors among the 7‐year‐olds. Discrepant findings between the 5‐ and 7‐year‐olds may represent a developmental shift in the function of mothers' emotion socialization practices.     

Temperament,mothers' reactions to children's emotional experiences,and emotion understanding predicting adjustment in preschool children

It is expected that both children and their parents contribute to children's development of emotion knowledge and adjustment. Bidirectional relations between child temperament (fear, frustration, executive control) and mothers' reactions to children's emotional experiences were examined to explore how these variables predict children's emotion understanding, social competence, and problem behaviors. Preschool‐aged children (N = 306) and their mothers were assessed across four‐time points. Children's temperament and mothers' non‐supportive reactions to children's emotional experiences were assessed when children were 36 and 45 months of age. Emotion understanding was assessed when the children were 54 months of age and teachers reported on children's problem behaviors and social competence when the children were 63 months of age. Covariates included family income, child cognitive ability, gender, and child adjustment at 36 months. Results from path analyses demonstrated that bidirectional relations between children's temperament and mothers' non‐supportive reactions were not significant. However, mother's non‐supportive reactions directly predicted fewer problem behaviors, and children's emotion understanding mediated the relation between children's executive control and their later social competence. As such, emotion understanding appears to be one mechanism through which executive control might impact social competence.     

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.     

The Unlived Life Is Worth Examining: Nothings and Nobodies behind the Scenes

This paper explores how people talk about the things that have not happened in their lives. I argue that we can perform reverse biographical identity work upon our unmade selves by exploring the meanings of unlived, non-experience. Challenging one's own rehearsed life story is an act of narrative self-transgression, involving negative responsibility assumption. Drawing on my symbolic interactionist theory of “nothing,” I consider how negative social phenomena (no-things, no-bodies, and non-events) are interactively accomplished and retrospectively made sense of in personal accounts. Themes of lost opportunities, silence, invisibility, and emptiness emerge from an analysis of twenty-seven stories. These tales reveal a mixture of emotions: not only sadness, stigma, shame, and regret, but also relief, pride, acceptance, and gratitude. Narratives of nothing are often ambivalent in tone, reflecting the complexity of storied life behind the scenes.     

Transdiagnostic mechanisms involved in nonsuicidal self-injury,risky drinking and disordered eating: Impulsivity,emotion regulation and alexithymia

Abstract

Objective: The aim of the present study was to explore common and differential relationships between nonsuicidal self-injury (NSSI), risky drinking, and disordered eating attitudes and impulsivity, emotion dysregulation, and alexithymia. Methods: We investigated these associations in a sample of 951 college students (79.4% female, Mage = 21.86?years) by means of self-report questionnaires assessing the constructs of interest. Results: Overall, 28% of the students reported a history of NSSI, one third engaged in risky drinking, and less than 5% reported disordered eating symptoms. Negative urgency and difficulties in emotion regulation were both related to each of the three behaviors and can be considered as common transdiagnostic mechanisms. Conclusions: We discuss the implications of transdiagnostic mechanisms involved in these three dysregulated behaviors with respect to their assessment and treatment in college counseling settings.     

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.     

Parenting Style,Child Emotion Regulation and Behavioral Problems: The Moderating Role of Cultural Values in Australia and Indonesia

Abstract

Research has shown that the congruence of parenting styles with cultural values, rather than parenting styles alone, impacts child adjustment. This study examined if parents’ cultural values moderate the relationships between parenting styles and child outcomes across both an individualist culture (Australia) and a collectivist culture (Indonesia). Three hundred and eighty-seven parents of 2–10-year-old children from both countries reported their parenting styles, the importance of the collectivistic values (security, conformity, and tradition), and their child's emotion regulation and behavioral problems. In both countries, authoritative parenting was associated with higher child emotion regulation and lower levels of behavioral problems, and authoritarian parenting was associated with lower child emotion regulation and higher levels of behavioral problems. Although cultural values did not moderate the relationship between authoritarian parenting and child adjustment, in both countries greater importance placed on tradition attenuated the positive effect of authoritative parenting on child outcomes.     

Love,Stigma, and Resistance: “Therapeutic Microaggressions” in a Prisoners' Wives' Support Group

This article derives from ethnographies of therapeutic interventions in a support group for prisoners' wives in Israel. The study's main inductive findings reveal that love and the emotion work of prisoners' wives are constructed as the primary site for achieving the clinical objective: modifying the prisoners' wives' spoiled self and encouraging their adoption of a psychological self. The findings reveal a dramatic clash between the therapeutic emotion work of love that the group facilitators proposed and the collectivist emotion work to which the prisoners' wives subscribed. These forms of emotion work are associated with ethnic hierarchies and experiences of stigmatization by the prisoners' wives during the therapeutic sessions. In this context, the article suggests the concept of “therapeutic microaggressions” to describe how interactions in clinical sessions can reinforce inequality.