论哈特的内在视角及其理论意义

哈特的重要贡献是,在一般法理论中提出并引入了内在视角。内在视角包含行为模式的趋同与批判反思态度这两个关键因素。批判反思态度既有一种认知维度,又有一种意志要素。通过与外在视角的坐标对照,可以确定内在视角是实践参与者的内在化视角,它与哈特自身的理论立场存在一定的联系与区别。内在视角的引入,有助于说明和理解法律规范性并建构一种有关法律陈述的语义学。此外,内在视角还应被视为法理学的方法论基调。     

Sickness Absence,Sick Leave Pay,and Pay Schemes

Utilizing Norwegian linked register and survey data, while exploiting a discontinuity in public sick pay legislation, I show that the public sick pay compensation level causally affects male performance pay workers' sick leave days. Both male and female performance pay workers experience longer sick leaves when provided private supplementary sick pay compared with those being eligible for public sick pay only. This differential impact of the replacement rate on workers' sick leave rates reveals heterogeneous behavioural changes following public sick pay cuts, and this heterogeneity will be reinforced by the provision of employer‐provided sick pay to attractive worker groups.     

Social security policy with public debt in an aging economy

This paper analyzes a social security policy with public debt in an overlapping generations growth model. In particular, the paper considers a situation in which population aging causes a heavy burden of social security payments where public debt is issued by the government to finance the payment. In the model presented below, an economy with an aging population may achieve two dynamically inefficient equilibria. Under certain conditions, the effects of pension reform and population aging on capital accumulation are entirely different between the two equilibria. Received: 23 July 2001/Accepted: 22 August 2002 I am deeply grateful to an anonymous referee and Professor A. Cigno, the Editor of this journal, for their valuable comments and suggestions. I am also grateful to Kazuyo Tanimoto and Kiheiji Nishida for their research assistance. Any remaining errors are my own. The research reported here was conducted as part of a larger study, the “Project on Intergenerational Equity” at the Institute of Economic Research, Hitotsubashi University. Financial support from Kani Hoken Bunka Zaidan is also gratefully acknowledged. Responsible editor: Alessandro Cigno.     

Does time preference change with age?

This study looks at compensating differentials in the National Longitudinal Survey of Youth (NLSY) to derive estimates of the levels of time preference for labor force participants in each of 15 waves of data from 1979 to 1994. With these estimates the evolution of time preference over the life course is described. Future utility among labor force participants appears to be valued more highly by subjects who are older, more schooled, white, or male. Controlling for schooling level, a higher IQ is associated with a preference for more immediate rewards.If social rates of time preference are correlated with individual rates of time preference then population aging could create intergenerational asymmetries in the social rate of time preference.This phenomenon could make the optimal investments of young populations appear selfish to future generations that are older.Support from Hopkins Population Center (R24) is gratefully acknowledged. I am thankful for helpful comments received from Jim Burgess, Mike Grossman, Bruce Hamilton, Fritz Laux, Athanasios Orphanides, Katie Roche, and Eric Slade. All errors are my own. Responsible editor: Alessandro Cigno.     

Overlapping generations models with realistic demography

This paper revisits the literature on overlapping generations models in the demographic context of a continuous age distribution and a general age schedule of mortality. We show that most of the static results known for the 3 or N age-group models can be extended to the continuous model. Some results, previously established for economies without capital, are extended to productive economies. We also make some progress on the existence of some steady states as well as on the dynamic properties. Received: 27 March 2000/Accepted: 25 April 2001     

Hidden information problems in the design of family allowances

We consider the optimal determination of family allowances in a model where some of the parents have higher ability to raise children than others. First-best policy gives both types of parents the same level of utility. If neither parental ability nor parental actions are fully observable, however, the policy maker has to take into account the incentive-compatibility constraint that more able parents should not find it profitable to mis-represent their true ability by investing less in their children, and having a lower number of children. The second-best policy induces more able parents to have the first-best number of children, and to invest in each child at the first-best level. Less able parents are induced to have fewer children than in first best, and will underinvest in each child. Whether the government should subsidize more the more able parents, or the less able ones, depends on the properties of the cost function. In second best, however, less able parents will end up with lower utility than more able parents whatever the cost function.All correspondence to Annalisa Luporini. The paper has benefitted from comments by three anonymous referees. Responsible editor: Junsen Zhang.     

TAX POLICY REFORM: THE ROLE OF EMPIRICAL EVIDENCE

To understand the role of evidence in tax policy design, this paper organizes the empirical analysis of reform under five loosely related headings: (i) key margins of adjustment, (ii) measurement of effective tax rates, (iii) the importance of information and complexity, (iv) evidence on the size of responses, and (v) implications from theory for tax design. The context for the discussion is the recently published Mirrlees Review of tax reform. Although the Review focused on all aspects of tax reform, this paper highlights the taxation of earnings. It also comments on earnings taxation in the context of VAT base‐broadening reforms and the taxation of capital.     

Taxation and the value of nonmarket time

In this study, the value of nonmarket time is estimated for American families using the opportunity cost approach whereby the market wage is taken as a measure of the value of time and used to impute nonmarket income to each household. In cases where the market wage is not observed, a new estimation technique is used to obtain consistent estimates of the wage. It is shown that the nonmarket income of families increases with family money income and family size, but decreases with age and the number of job holders in the family. The implications for taxation are discussed.     

作家梁晓声研究综述

特殊的时代造就了特殊的一代。身为知青文学典型代表之一的梁晓声自上世纪80年代步入文坛,用小说、随笔、杂文等多体裁、多手法的文学作品,创作了一系列张扬理想主义、抗拒世俗为主题的艺术作品,为新时期文学的辉煌乃至新世纪文学的发展进行了可贵的探索并做出了独有的贡献。作者对近10年来关于梁晓声的评论进行粗线条的梳理,从中看出其鲜明特色及由此带来的局限与不足。     

哈特对美国现实主义法学的批判及其问题

哈特对现实主义法学的批判主要包括两个方面：一是以语言的开放结构为工具,通过质疑“逻辑贬抑论”、“规则怀疑论”对现实主义法学的“法律不确定性”命题进行挞伐;二是以内在观点与外在观点、内在陈述与外在陈述的二分工具对现实主义法学的“预测模式”进行诘难。哈特对现实主义法学“法律不确定性”命题的批判并没有说出比现实主义者更新的内容,并且未曾或故意忽略了该命题提出的历史背景、理论旨趣和适用范围。对“预测模式”的批判主要是基于一种不同理论立场的“误读”,即要求一种司法面向的法理学去承担本体论上的任务。