再论经济法的基础

经济法有其社会、经济和政治基础。这种基础集中表现为各种思想主张和制度安排。就其社会基础而言核心是个人自由与社会秩序,就其经济基础而言核心是市场调节与国家干预,就其政治基础而言核心是契约自由与人权保障,而上述三者又可进一步归结为自由竞争与秩序调控。在这些基础上形成一种特定的社会关系,即市场竞争关系和宏观调控关系,它由经济法调整,进而构成经济法的基础。     

Responses to prenatal opioid and alcohol abuse: A review of US and Australian mandatory reporting laws

Prenatal substance use, specifically opioid and excessive alcohol use, can cause significant adverse effects for the unborn foetus in both the short-and long-term. Responses by state social systems occur on a spectrum of prevention and early intervention to support mothers. Some but not all states include reporting duties, so that professionals made aware of the situation may alert agencies that can intervene to provide appropriate support. This article will review legal duties to report maternal substance use during pregnancy in the US and Australia. We identify variations in these laws regarding who is required to report, what circumstances must be reported and what indicates child abuse or neglect. Inconsistencies in laws raise questions about the nature of different approaches, and how reforms might be made to improve provision of support. Informed by the medical literature, the contemporary context and federal policy in the US, we make recommendations for reform, and for the appropriate response to such reports.     

“Y,what do you think about what X just said?” Conversation analysis of stance-eliciting questions in open dialogue network meetings

Open dialogue is a resource-oriented approach to mental health, which aims to help those involved in a crisis situation support each other and engage in dialogue. While language use in open dialogue is generally characterized as being open-ended, nondirective, and nonevaluating on the professionals' side, little is known about the specific conversational features. The aim of this study was to analyze the interactional functions of a stance-eliciting question of the form: “Y, what do you think about what X just said?” We used conversation analysis (CA) to examine this in eight video-recorded Danish open dialogue network meetings. In CA, stance involves expressions of attitude, affect, or judgments about people or events. We describe the interactional functions of these stance-eliciting questions and discuss how clinicians used them as a tool for accomplishing neutrality. The findings can be used to gain a more nuanced understanding of open dialogue psychotherapeutic practices.     

Youth and their workers: the interacting subjectification effects of neoliberal social policy and NGO practice frameworks

The effects of neoliberalism on young people and youth workers through outsourcing government services has attracted critique from multiple sources. Post-structural analysis interrogates subjectification effects of these policies on youth. However, this kind of analysis of the governmental formation of youth ought to consider the interaction between the knowledge of youth underpinning neoliberal social policy, and those employed by non-government agencies implementing them. The interaction between these two shape the reciprocal governing activity within the young person and youth worker power–knowledge relationship that, this paper will argue, is an important factor in the critique of neoliberal social policy. Young people are governed by a diverse array of knowledges developed by government, youth studies, NGOs and young people themselves. These knowledges interact, reinforce and contradict discourses of youth work. This paper focuses on a neoliberal social policy (FLO) which constructs youth as a surplus population in need of risk management, and youth workers as the producers of young workers. Furthermore, I will consider the interfering subjectification effects produced by an intake and assessment tool (Your Story) utilised by a non-government FLO provider. These discourses underpinning Your Story and FLO render young people and their workers as relational beings or economic citizens respectively.     

Limited Nomination Reliability Using Single‐ and Multiple‐item Measures

This article examines a variety of reliability issues as related to limited nomination sociometric measures. Peer nomination data were collected from 77 sixth grade classrooms. Results showed that, although some single‐item peer nomination measures were relatively reliable, many single‐item peer nomination measures using limited nominations were quite unreliable. Overt aggression nomination items were the only set of single‐item measures where mean classroom reliability estimates were .75 or greater. Combining multiple items led to substantially better reliability, as combining the two least reliable items for a category into a single measure made the composite more reliable than the most reliable single measure. Having more nominators in the sample also increased reliability. The limited nomination items overall tended to be less reliable than similar unlimited nomination items from other studies. The authors end with recommendations for obtaining the most reliable peer nomination data possible from a study.     

Trauma and couples: mechanisms in dyadic functioning

Research traditionally has focused on the development of symptoms in those who experienced trauma directly but overlooked the impact of trauma on the families of victims. In recent years, researchers and clinicians have begun to examine how individual exposure to traumatic events affects the spouses/partners, children, and professional helpers of trauma survivors. The current study reports data from a larger mixed-methodology study that includes qualitative interview data from 17 individuals, coded to identify the mechanisms that may affect the couple's interpersonal functioning when there is a history of trauma exposure in one or both partners. The following primary themes were identified: role in the relationship, boundary issues, intimacy problems, triggers, and coping mechanisms. Areas for future research and clinical implications also are identified.     

Governing inter-organisational R&D supplier collaborations: a study at Jaguar Land Rover

This article discusses the importance of collaboration with suppliers and partners during research and development (R&D) technology projects. It details how this can be accomplished using the collaborative enterprise governance (CEG) concept to manage a technology project. CEG is based on the premise that parts of companies work with parts of other companies, which are reconfigured on dynamic bases according to a variety of different internal and external factors. This article presents an overview of the founding literature, the CEG and its methodology, and examples based at Jaguar Land Rover in the UK. CEG has been used here to explain why some technology projects have succeeded while others have done less well. This article concludes by offering new propositions, inducted through grounded theory, relating to the successful management of R&D projects, which should be picked up by future research studies in the area.     

基于建筑符号学的苏州建筑地域性传承探析

针对全球化背景下苏州现代建筑地域性缺失问题,总结苏州现代建筑地域化的发展历程及演变手法,提出基于建筑符号学的“得意忘形”的苏州现代建筑地域性传承的方式方法,从建筑符号学角度切入,剖析建筑符号学的内涵、分类及应用,解读建筑地域化概念与意义.从建筑风格、色彩、空间组合及意境四个方面阐述苏州传统建筑地域性特征,并具体阐述其应用手法,该方法可有效指导苏州现代建筑地域性的传承与创新.