农地产权结构变迁视域下土地增值收益的公平分享

农地产权结构是搭建土地增值收益分配与宪法秩序有效链接的重要桥梁.从农地产权结构变迁的视角看,我国传统土地增值收益的国有化机制实际在很大程度上符合1982年宪法所确立的社会主义地租国有原则及地利共享秩序.然而,由于宪法土地条款一开始就被注入了地利分配具有倾向性的思想基因,长此以往便忽视了农民作为整体分享土地增值收益的"另一半宪法秩序".新型城镇化背景下,国家进行了"同地同权"、赋权于"民"的农村土地管理制度改革,其实质是宪法秩序的延续而非替代,我国土地增值收益分配的主要机制仍是征地补偿制度.要实现我国土地增值收益的公平分享,必须回到社会主义"国家—集体"一元论的完整地利共享秩序中来,并遵循实质平等的要求,通过以"人的城镇化"为目标对区片综合地价进行限定、采取倾向于农村及农业发展的"土地财政"政策、打破城乡户籍二元制实现城乡一体化发展等方案,推动农民全过程参与、共享土地利益.     

Deaf and disabled? (Un)Employment of deaf people in Belgium: a comparison of eighteenth-century and nineteenth-century cohorts

In this article, the employment characteristics of pre-industrial and industrial cohorts of deaf men and women are compared with each other, as well as with a cohort of non-disabled siblings. The aim is to determine the extent to which the employment patterns of deaf persons lined up with those of non-disabled people and to see how nineteenth-century industrialization processes influenced their employment opportunities. This article challenges the widely held assumption that the nineteenth century constituted a definitive break by arguing that the professional lives of deaf people were not necessarily better before industrialization. Moreover, I demonstrate that the development of deaf schools in the course of the nineteenth century opened a new range of career opportunities for deaf individuals.     

Employers' perspectives on benefit conditionality in the UK and Denmark

This article examines the under-explored demand-side of active labour market policies (ALMPs). Based on interview data from a comparative study of the UK and Denmark, the paper analyses employers' perspectives and experiences of ALMPs. In both countries, employers were favourably disposed towards employing unemployed jobseekers but held negative views on conditionality. First, benefit conditionality led to employers receiving large numbers of unsuitable and unfiltered job applications, with associated negative resource impacts. Second, employers perceived this as a product of ‘box ticking' and compliance targets. Finally, employers criticised policy and media rhetoric for focusing solely on the supply-side and for problematizing unemployed candidates. The paper argues that these crucial, but neglected, employer perspectives demonstrate that the current benefit conditionality regime in the UK risks irrevocably ‘tarnishing' candidates, which undermines, rather than enhances, their chances of securing employment through ALMPs. This unique dataset provides further evidence that the current direction of policy requires urgent and radical re-thinking.     

Feminist and empowerment theory and social work practice

Feminist and empowerment theories are especially important to the understanding of individual and sociopolitical levels of social work assessment and intervention. Incorporating feminist and empowerment approaches in practice will provide social workers with the knowledge, values and skills most likely to promote human rights and social justice. In this paper, we present an overview of both theories and illustrate them with a case example.     

Another Issue Comes Out: Gay Rights Policy Voting in Recent U.S. Presidential Elections

Drawing from the theory of policy voting, this study examines the impact of opinions about gay rights on voting for presidential candidates. Qualitative analysis of the major party platforms and candidate campaign rhetoric from the six presidential elections held between 1988 and 2008 indicates that Democratic and Republican presidential candidates began openly expressing opposing positions on gay rights issues in 1992. Quantitative analysis of public opinion shows that, starting in 1992 and continuing through 2008, gay rights issues became more salient to the public, and opinions about gay rights began to exert a significant effect on vote choice. The study concludes with a discussion of the partisan forces that shaped the electoral significance of gay rights issues during the period from 1988 to 2008 and speculation about the role of gay rights issues in shaping future partisan electoral strategy.     

死者人格利益法律保护之构建

死者无人格权,但死者具有人格利益。为了维护社会利益和善良风俗,我国法学界和司法实务界对死者人格利益保护也达成了共识。完善死者人格利益应在保护范围、行使主体、法律责任、免责事由及保护期限等方面给予立法规制。     

Changes in work and care trajectories during the transition to motherhood

In most mid- and high-income countries, there have been significant demographic, structural, and cultural changes in the past decades. However, we know little about how these changes have shaped women's work patterns during a key life stage: the transition to motherhood. Using longitudinal data from Chile, covering over 30 years of employment histories and three periods of first births (1980–2010), I conduct sequence analysis to identify women's work-care trajectories during an eight-year period of the transition to motherhood. Over time, I find that continuous care work at home has declined, for which education plays a key role, while the chances of working continuously have not changed over time. Instead, I find an increasing trend of unsteady paths that combine paid work with either caretaking or unemployment. I discuss how these changes, as well as their association with education, have important implications for both gender and social inequality.     

就业优先:以"公平而有质量"的教育 在民族地区阻断贫困代际传递

“发展教育脱贫一批”是在民族地区实现共同富裕的重要方针。然而在“教育改变命运”的共识之外，布迪厄认为教育一代代地维持着对社会中下阶层的不公平的“文化再生产”理论，被一些学者应用于对我国少数民族教育的研究。如在“三区三州”等民族地区，代际间的贫困传递难以阻断，因家庭文化资本弱势而造成子女求学、求职受阻，看似可用“贫困文化的再生产”予以概括，但笔者不同意直接套用西方理论认定中国存在“教育不公平”的论述。因为我国社会实际与布氏提出“学校教育再生产社会阶层结构”观点之环境不同，有多项教育政策在切实保障着少数民族通过“教育改变命运”——当前在我国民族地区实现教育公平的主要障碍，并非 “文化再生产”的结构性阻力，而在于就业环节的阶段性困难。教育公平可分为起点、过程和结果三个环节，民族地区经多年教育扶贫，“起点”入学机会和“过程”教育质量已明显改善，而作为“结果”的就业环节亟待改善。以“就业优先”方针多渠道扩大少数民族就业，可激发内生动力、促进市场融入、巩固减贫成效和精准防控返贫，是助少数民族自主掌握教育“社会阶梯”和阻断贫困代际传递的有效路径。     

君主专制与政治抵制:早期现代英国法律语境中的《复仇者悲剧》

英国自都铎王朝后期至斯图亚特早期，立宪君主论或混合君主论者抵制君权神授论，坚持家庭是一个自治的、涉及臣民私人权益的小政府，受到自然法、古代宪法或神圣法的保护。《复仇者悲剧》中公爵王室言行映射詹姆士一世在《皇家礼物》中所宣扬的君权神授论，温迪斯兄弟俩及追随者的复仇隐含当时的政治抵制学说，公爵王室与温迪斯兄弟俩的对立象征君权神授论与普通法理论的对峙。温迪斯兄弟俩却以威胁新君为由被处死，司法斗争简约为复仇冲动，维权英雄陡变为暴徒，暴君化身为明君，这暴露出君权神授论的悖论性和剧作家含混的复仇伦理。     

The disembedded digital economy: Social protection for new economy employment in China

This research focuses upon employment in the new economy, exploring labour protection and social protection in the digital age in China. Through an empirical survey conducted in three Chinese cities, social insurance and the labour rights of employees in the digital economic sector, such as gig employment, e-commerce, and various other forms of online employment, have been examined in-depth. This study reveals new regulatory loopholes in the digital labour market, which have substantially eroded the basis of social policy arrangements in China, “softening” participation in social insurance branches and compliance with labour regulations remarkably. Drawing upon the theoretical concepts of Polanyi on embeddedness and disembeddedness, we argue that the digital employment sector in China has been increasingly disembedded from social institutions and social control. The new configuration in the digital field of social policy requires novel conceptual models and institutional settings to cope with increasing social risks in virtual spaces.