论民间法的社会权力基础

民间法以社会权力为基础,国家法以国家权力为保障。民间法与国家法共同起源于原始习惯,二者的互动与互补既符合历史的逻辑,又符合事物发展的内在规律。社会权力是指以特定范围内的社会主体的同意为基础、以契约为表现形式,并受到一定程度程序控制的社会强制力,具有“同意性”、“契约性”和“多元性”特点。社会权力视角的民间法具有权利与权力的双重属性,具有“冷暴力”、“文化性”和“族性”特征。社会权力的变迁必然引发民间法的发展,社会权力是民间法实效的重要基础,应为民间法与国家法沟通的理性平台。     

The "Antidemocratic Personality" Revisited: A Cross-National Investigation of Working-Class Authoritarianism

More than 60 years ago, psychologists identified a potential threat to democracy from within, namely the "antidemocratic personality" arising from the "authoritarian syndrome." It was soon discovered that the problem of authoritarianism was especially acute among those who were low in education and income, and that it was associated with intolerance toward others. However, several important questions were left unresolved. We revisit fundamental theoretical and empirical questions concerning the existence and nature of "working-class authoritarianism," focusing especially on four psychological aspects of authoritarianism, namely, conventionalism, moral absolutism, obedience to authority, and cynicism. In a cross-national investigation involving respondents from 19 democratic countries, we find that all four aspects of authoritarianism are indeed related to moral and ethnic intolerance. However, only obedience to authority and cynicism are especially prevalent among those who are low in socioeconomic status. Conventionalism and moral absolutism were significant predictors of economic conservatism, whereas obedience to authority and cynicism were not. We find no support for Lipset's (1960) claim that working-class authoritarianism would be associated with economic liberalism. Instead, we find that authoritarianism is linked to right-wing orientation in general and that intolerance mediates this relationship. Implications for electoral politics and political psychology are discussed.     

What happens after compulsory education? Problems of continuity and possible policies in the case of Spain

The lack of opportunities to enter post-compulsory education in Spain and other countries in southern Europe is a serious problem from the point of view of the requirements of the productive system as well as the social inequality that it creates. This article analyses the effect of a range of variables on that lack of opportunity and various public policy measures are proposed that are directed towards reinforcing the continuity of young people in the education system. The analysis is carried out through the proposal and estimation of a multinomial logistic regression model that permits the identification of factors associated with the process of passing from compulsory education to the possibilities that are open when this finishes (with regard to the education system and the labor market). The model is applied to a sample of individuals of 16 and 17 years of age from the European Community Household Panel in the year 2000 wave. The analysis allows the identification of two groups of variables that affect the probability of following the different paths that are open at the end of compulsory education. On the one hand, there is social and cultural background (reflected in variables such as the social class and education of the parents) and on the other, there is the region of residence, the effect of which derives essentially from the differences that exist between the labor markets. The article concludes by putting forward a set of mainly educational public policies that have the object of increasing access to post-compulsory education. These policies are mostly equity oriented.     

Bureaucracy and Professionalism in the Social Services

A multidimensional approach to the study of bureaucracy and professionalism among 200 social service workers provides general support for two hypotheses. The conflict hypothesis is that, as perceived by the workers, the bureaucratic dimensions of hierarchy of authority, formalized rules, procedural specificity, and impersonality are inversely associated with workers' professionalism. The congruence hypothesis is that an extensive division of labor and a high degree of technical competence are positively associated with workers' professionalism. Results underscore the complexity of the relationship between bureaucracy and professionalism and suggests that only particular dimensions of bureaucracv are inhibitive of effective job performance by social work professionals. Conclusions point to directions for future research.     

Negotiating the Superfund: Are Environmental Protection Agency regional officials willing to bargain with states?

Negotiation and bargaining are important activities in the implementation of intergovernmental public policies. Given the design of environmental policy, intergovernmental negotiations are an essential part of the interaction of environmental program managers. This study examines the willingness of Environmental Protection Agency (EPA) regional officials to bargain with their state counterparts in the national Superfund program. A model of working relationships is developed to analyze the negotiating behavior of regional EPA officials. The findings of this study indicate that both strategic (trust, involvement) and structural (relations with EPA headquarters, state program capacity, and state political context) factors are associated with whether or not regional officials are willing to negotiate with state-level administrators. The implications of these findings for the national Superfund program, the larger context of intergovernmental management, and larger themes in public administration are discussed in the conclusion of this paper.     

"A Salary is not Important Here": The Professionalization of Social Work in Contemporary Russia

Helping professions address the growing number of social problems which have emerged, along with contextual changes in Russian society, culture and state social policy. Social work only emerged in Russia in 1991 and it still lacks recognition by public opinion and by other caring professions. This paper addresses the current development of the social work profession in Russia, considers its context and reviews the main issues affecting processes within social work practice and education. Many social work agencies are in search of new forms of organization and are trying to develop new philosophies of service, in order to build positive relations with communities. However, given the 70 years of the Soviet era when social protection was highly centralized and bureaucratized, the organizational cultures of the new social services sometimes reproduce old patterns of bureaucracy, especially where employees lack professional education. The reflective practitioner type of professionalism is here argued to be more appropriate for social workers in today's Russia. The paper includes an analysis of interviews with social workers and administrators in a large Russian city and considers the results of an ethnographic study of social services in the same city.     

传续与发展-南锣鼓巷社区建设中的文化实践

文化建设是社区建设中的重要组成部分.本文以北京市南锣鼓巷为田野调查点,在对南锣鼓巷利用传统文化创建和谐社区的过程进行深描的基础上,对社区建设过程中如何保护、传承与利用传统文化进行了反思,从而指出,民众的参与才是传统文化得以传续的生命力,传统文化在为社区建设服务的过程中不应该过分屈服于商业化运作,而应保持相对独立性.     

行政发包的组织边界:兼论“官吏分途”与“层级分流”现象

本文重新梳理了行政发包制理论中“行政”与“发包”的关系,将政治晋升机制正式引入行政发包关系,定义了行政内部发包与行政外部发包的组织边界。在此基础上,本文重新诠释了历史上的“官吏分途”以及当今的“层级分流”现象。本文认为,从秦汉到明清,中国经历了“官吏分途”和“吏役合一”的双重过程,这实际上代表了中国官僚体制组织边界的重大变化,即从“行政内包”到“行政外包”的过程,而推动整个过程的驱动力是帝国所面临的日益严重的财政压力。本文还对中国历史上国家与社会的关系特征进行了重新表述。相同的历史现象,不同的解析框架,本文与周雪光的帝国逻辑理论进行了一次深入的学术对话。     

科层为体、项目为用：一个中央项目运作的组织探讨

当前中国政府组织中项目泛滥,其运作往往离不开科层体制,要想深入理解项目运作,就要探讨它与科层制的复杂关系。立足于基础性组织理论,本文提炼出项目制的三重构成要素,并与科层制进行比较,勾勒出两者之间的关系,尤其是看似融合背后的张力。这种张力体现在：项目统一规划与科层条线传递之间的张力;项目的时段性与科层的常态性之间的张力;项目的目标导向与科层的规则导向之间的张力。在当前政府科层体制缺乏有效外部约束、项目发包方与需求方隔离过远等条件下,这种张力体现得淋漓尽致,呈现出“科层为体、项目为用”式的项目运作机制。本文以中央农口项目的整合为案例,指出这项中央、省级和基层均有意为之的变革最终失败的根本原因就来自上述系统性张力。本文通过对多级科层组织策略实践的考察,具体而微地刻画了这种张力的表现形式。     

Why parents matter: exploring the impact of a hegemonic concern with the timetable for the child

In a climate of austerity, timescales and targets, this paper probes whether parents matter sufficiently within the current child protection system in England. Evidence suggests that achieving partnership working in the context of child protection has become increasingly illusive, particularly when parents are notified that the local authority is considering compulsory intervention to remove their children under the Children Act 1989. Recent changes to legislation, policy and practice ushered in with the aim of achieving earlier decisions within the time frame for the child are laudable, but there are consequences for both children and their parents. The aspirations of the Public Law Outline (2008) are well rehearsed, but the changes being introduced with the recent reform of the family justice system, alongside particular constructions of parenting, may be failing to recognize the potential of many parents, if offered appropriate support, to care safely for their children.     

FROM TENDER CARE TO TENDERED CARE: THE CASE OF THE VICTORIAN MATERNAL AND CHILD HEALTH SERVICE

Restructuring the public sector along market principles has been a major policy development of the late twentieth century in most western countries. This paper examines the impact of recent political and administrative change on a Victorian universal primary health program, the Maternal and Child Health Service (MCHS). The first section establishes the development of the service in the years when an interventionist state provided bureaucratic support for the expansion of public health activities. In the next significant period of organisational change, the 1980s‐early 1990s, key interest groups articulated their positions in view of the administrative imperatives of corporate managerialism. Dramatic ‘marketisation ’ of the service then occurred with the impact of compulsory competitive tendering (CCT) in the mid‐1990s. The paper argues that attention to the complex processes of change shows the interplay of interest groups, discursive positions and administrative regimes, with new strategies emerging to counter the contracting state.     

北京义务教育非均衡发展的实证分析

本文从城乡角度和区域角度对北京义务教育均衡问题做了研究。结果表明,无论城乡之间还是区域之间,北京义务教育发展都不均衡。在家庭教育支出、学生经费投入及硬件设施方面差距明显;在教师数量上差距不大,但在教师质量上存在差距。最后,结合北京义务教育生源下降的大背景,提出政策建议。     

The puzzles of daily life: The temporal orders of families when parents have non-standard work schedules

This article investigates the temporal orders of families as the daily rhythms and schedules when one or both parents work non-standard hours. Our focus is especially on the often asynchronous times of non-standard work, on one hand, and of early childhood education and care (ECEC) services and other institutions, on the other hand. The data consist of semi-structured qualitative interviews of Finnish parents with a four-year-old child. The results show that the asynchronous times generated by non-standard working hours cause a wide range of collisions both in relation to childcare and ECEC and to the division of labour between parents. The parents are ‘wrestling’, not only because of the asynchrony of their own work but also because of the ‘pedagogical rhythm’ created by ECEC professionals. However, the parents also find ways to manage time, facilitated by workplace flexibility or spousal negotiations over the sharing of responsibilities.     

Constructing Interracial Families Through Intercountry Adoption*

Objective. This article analyzes the role of race and ethnicity in constructing American families through intercountry adoption. We argue that such adoptions illustrate the fluidity and tenacity of specific racial boundaries in American families. Methods. Data are drawn from the U.S. 2000 Census—the first to contain information on children's adoptive status—to examine whether race of parents and adopted children match and whether racial matching varies by the characteristics of adoptive families and adopted children. Results. Our findings indicate that minority‐race parents are more likely than white parents to adopt a child of the same race as themselves, and that the odds of white parents, in particular, adopting a white versus nonwhite child from abroad are related to factors such as the age, sex, and health status of the child, as well the presence of other children in the household. Conclusion. Parents weigh a constellation of factors, including attributes of the adopted child and the children already in the household, when adopting a child of the same or different race from abroad.     

Public perception of technological risk

A public opinion survey of three California cities assessed the extent of public concern over risks associated with modern technologies. A substantial majority of respondents were concerned with each of ten areas, with concern being more widespread among women and less widespread among the more educated. Respondents relied heavily on television news and newspapers for information and varied in rating the reliability of different information sources, with university scientists being the most highly regarded. Decisions on public safety regarding these risks were influenced mainly by federal and state officials, the news media, and business. People believed that they were largely ignored in the process. Despite this feeling, political participation rates were not associated with the extent of concern over the dangers of technological risk. Low participation and high regard for authority raise the issue of the role of the expert in society.     

'She cried a very little': Death,grief and mourning in working-class culture,c . 1880-1914

Working-class attitudes towards death and bereavement in late Victorian and Edwardian Britain have overwhelmingly been discussed in terms of the respectable and the pauper funeral. Analyses of the culture of grief (that is, the emotional responses of the working classes to bereavement) have been reduced to an assumption that material insecurity blunted sensibility. This article argues that the reduction of working-class responses to death to a dichotomy between respectable and pauper funerals has overlooked the cathartic function of the funeral, negated the potential for individuals to invest burial rites with personal meaning, and failed to consider responses to death outside public mourning rites. I contend that languages of grief adopted many verbal and symbolic signs that were often ephemeral to the external observer. Moreover, material anxiety did not limit sensibility; it necessitated flexibility in the articulation of emotion. In conclusion, I argue that the emotional underpinnings of the working-class family need to be re-examined, using a definition of sensibility which acknowledges the mutability of feeling and the malleability of its expression.     

嘉绒藏人的房名制、内婚制与改土设屯——金川嘉绒社会的国家进程

在中国西南地区,国家力量通过改土归流,促使地方社会组织和文化转变,建立了官员治理之“民”间的平等地位。清乾隆年间,四川省金川县的嘉绒社会经历了裁撤土司、设立屯兵、划分土地与征税等一系列变化,但嘉绒人的房名制度、阶层内婚和劳役的存在,共同再生产了土司时代的等级社会;加上国家对藏传佛教的认可,土官获得了基于宗教的传统政治权威。嘉绒社会呈现出不同于华南和西南其他地区的国家进程。     

农村义务教育闲置不动产产权界定的法学思考——以陕西省数据调查和法规政策为起点

农村义务教育学校布局调整后对闲置学校教育资产如何处置成为棘手问题。尤其是闲置不动产的再利用,存在诸多争议,究其原因主要是投资结构复杂,产权不明晰,因此确认这些土地、校舍的产权成为问题的关键。而产权确认又存在相关法律与政策相左,为避免纠纷,提高教育资产的效益,相关部门必须依法制定统一规则,及时解决。     

Within salvation: girl hawkers and the colonial state in development era Lagos

For almost two decades between the close of the Second World War and Nigerian independence in 1960, the British colonial state which faced a crisis of legitimacy in Lagos upheld city ordinances that made itinerant trading by young children in Lagos a punishable status offense. Although anti-trading regulations were gender-neutral in their language, girls were disproportionately sanctioned for engaging in street trading and related activities. In defending their concentration on girl sellers over boy sellers, colonial welfare officials painted a picture of the urban context as an inherently dangerous context and of girls as being particularly at risk of violent assault in the city, making them particularly in need of protection from town life. Sources which show that parents generally resisted or ignored the street trading regulations and continued permitting their daughters to sell despite entreaties, warnings, or fines from colonial officials, suggest that African parents and British colonial officials may have had conflicting views on the inherent danger of the city, on what constituted child endangerment, and on the gendered nature of childhood. This article argues that the girl saving campaigns of development era Lagos were as much about the legitimization of a colonial state facing a crisis of legitimacy as they were about debates between African parents and colonial welfare officials in Lagos concerning ideas of children and childhood and the dangers of street trading by African girls.     

Safe Schools Policy for LGBTQ Students and commentaries

Two proposed U.S. federal laws would provide explicit protection for lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) students in public schools. These federal laws follow actions by many states and school districts to define and implement laws or policies to protect the safety of LGBTQ students in schools. Research during the past decade has shown that LGBTQ youth are a vulnerable population, and that the negative school experiences of LGBTQ students often contribute to their vulnerability. This Social Policy Report reviews research relevant to these federal, state, and local laws and policies. Research on sexual orientation/identity development is reviewed, with attention to the growing numbers of youth that “come out” or disclose their LGBTQ identities to others during their school-age years. Schools are often hostile environments for LGBTQ students; this evidence is considered along with research on the consequences for compromised achievement and emotional and behavioral health. We then review strategies in education policy and practice that are associated with well-being for LGBTQ (and all) students.