日本宪法和平主义的历史意义与现实意义

在战后日本的思想界和政界,一直存在着修改日本宪法第9条的呼声和行动。随着日本国内外局势的变化,这一过程近年有加速进行的趋势。在这种情况下,为确保宪法所规定的和平体制,提供理论依据,本文回顾了日本国民维护和平宪法的历史,重新挖掘了其历史与现实意义。     

近三十年宪法学研究的回顾与展望(上)

中国宪法学研究经历20世纪80年代的恢复和发展之后,90年代开始反思,进入21世纪以来开始有了一定的崛起。回顾近三十年我国宪法学的研究发展状况,可以说还没有达到繁荣阶段,只是在朝着进入繁荣阶段的方向缓慢发展。尽管在主客观方面还存在着许多困难和障碍,但宪法学界正在解放思想、实事求是,努力为宪法学的繁荣开拓新的局面。展望未来,中国宪法学将更加关注中国问题,也将致力于建立完备的宪法学科体系及深入开展跨学科对话,并实现宪法学方法论的多元化。     

Externalities,Prospect Theory,and Social Construction: When Will Government Act,What Will Government Do?*

Objectives. Political theories of agenda setting and policy choice are still limited in predicting when an issue will become salient and, once it has, what policy option will be used to address it. This article illustrates that for a large class of externality problems, perspectives from three other social science disciplines can refine those predictions. Methods. A synthesis of implications from economics on assignment of property rights, loss aversion from prospect theory, and image of the policy target from social construction is used to determine the conditions under which issues gain attention and the likely policy solutions. Results. Assignment of property rights establishes a baseline used to assess any further government actions, with losses from that base more likely to generate political attention. The assignment of rights also determines if a problem is defined as a negative or positive externality, which restricts the type of policies used to address the problem. This initial allocation of rights is in turn affected both by the political power and social construction of the groups involved. Conclusions. The result is a bias in policy attention and outcomes strongly influenced by the norms used in assignment of property rights, which typically favor those generating the negative externality.     

民主政制的过去、现在与未来——兼论儒家中国对民主政制发展的可能贡献

就既有的民主政制史来看，它主要分为两个阶段（或两个种属）：以宗教性、直接民主以及有限民主为特色的古希腊雅典城邦式民主和以间接民主、世俗性、代议制度为基本特点的近现代民主。对民主政制史的考察还表明，它一直处于流变之中，并且似乎也并不存在什么发展的“禁区”，而这为判断民主政制的未来以及儒家中国对民主政制发展的可能贡献提供了启示性基础。     

When Do Benevolent Capitalists Change Their Mind? Explaining the Retrenchment of Defined‐benefit Pensions in Britain

This paper explores the politics of welfare retrenchment, but differs from much of the current literature in this area by focusing not on the decisions of politicians but those of private sector employers. In countries with a large private welfare sector, employers are major social policy players with a significant influence on the generosity of welfare provision, but the rationale behind their actions is not well understood. To explore these issues, a case study is used of the recent fundamental change in UK occupational pension provision, involving a rapid shift from defined‐benefit to defined‐contribution pensions. The paper shows by means of a micro‐simulation of the relative performance of defined‐benefit, defined‐contribution and state pensions that this shift represents a significant retrenchment. It suggests, using historical material, interview data and insights from behavioural economics, that existing explanations for this change, while valuable, have important gaps because they are based on too narrow a conceptualization of business motives. In this regard, the paper highlights the importance of herd behaviour.     

When practices, promises, profits, and policies outpace hard evidence: the post-menopausal hormone debate

Currently, there is widespread controversy regarding the risks and benefits of hormone therapy for women over 50. The history of hormone therapy provides an excellent example of how different constituencies with competing objectives can produce health practices and policies of questionable benefit. We examine this history from the perspectives of women who now live longer, expecting higher quality of life throughout their later years, healthcare providers who are influenced by the real and perceived needs of their patients as well as information provided by drug manufacturers, the pharmaceutical industry which seeks to identify and promote drugs that offer the most promise for both patients and shareholders, and medical researchers —including the National Institutes of Health and the Federal Drug Administration .     

古代中华与美洲文明探源——《殷地安之迷》序

一、打破"欧洲中心论",重现真实"世界史"现由中国时代经济出版社出版的《殷地安之迷》一书,是《图说美洲图腾》一书的重新修订与再版。《图说美洲图腾》一书,先是     

Challenges in Rural Social Work Practice: When Support Groups Contain Your Neighbors,Church Members,and the PTA

Rural social work occurs in unique practice environments with challenges and rare opportunities. Strong social ties, commonly found in rural communities and often missing in urban areas, can serve as sources of resilience for group members facing adverse life circumstances. Therapeutic formal and informal support groups, bolstered by this support and led by social workers in rural communities, can face numerous challenges due to locale, lack of transportation, and potential worker burnout. This article highlights ethical considerations rooted in a theme of rural group work while providing helpful hints based on the IASWG Standards for Social Work Practice with Groups.     

刑罚威慑理论:过去、现在和未来——刑罚的经济学分析

威慑理论是法经济学在刑法领域的核心贡献。自贝卡利亚和边沁之后很长一段时间,威慑理论归于沉寂,贝克尔复兴了这一理论,近代波斯纳、沙维尔、莱维特等使之更加细致,深入研究了刑罚决定各个影响因素及其之间的关系。尽管一些实证研究证明威慑效应确实存在,但批评意见始终不绝。在批评意见的激励下以及借助于经济学的新进展,威慑理论在向着更加精致化、实证化的方向发展,其中行为经济学的引入大大提高了威慑理论的现实性。     

Assets Testing: Problems in Reconciling Economic,Welfare and Legal Perspectives When Defining Assets

Australia's assets test on pensions is designed to advance a needs policy without trenching unduly on other values. This article explores the policy tension stemming from the different perspectives of economists, lawyers and welfare workers. It is contended that the policy balance is out of kilter, and that welfare objectives have been down-graded. This is said to be due to an over-reliance, in the framing and administration of the test, on manipulating the concepts and definitions coined by economists and lawyers. This is illustrated by reference to the overreach of the test in potentially impacting upon residents in nursing homes. The article argues that the remedy lies in placing greater reliance on the inclusion of discretions in the law (and their creative utilization). The hardship provisions of the present legislation are advanced as good examples of the potential which exists for this to be achieved, a potential which it is suggested the Department has only partially realised to date.