中国近代司法审判权的构建途径：权力重构与制度移植

权力一元到三权分立,中国近代社会权力体系的重构可以视为社会各层面政权管理体制上的转变.作为对德、日政体仿效的结果,近代中国对司法审判权体系的认识集中体现为建立独立的司法审判机关,配置独立进行司法审判的法官.但以理想的近代分权模式完成中国政治权力体系的重构,以理想的制度设计实现新型权力规范的正常运行,在近代中国社会,面临着现实的社会适应性难题.     

Preferences for information on probabilities versus prizes: The role of risk-taking attitudes

Many real-world decisions entail choices between information on either probabilities or payoffs (i.e., prizes). Simplified versions of such decisions are examined to gain insight into preferences for different types of information as a function of risk-attitudes. General and simple decision rules are derived for cases where the utility function is concave (or convex) over the relevant payoff interval.The article further describes several experiments to test business students' intuitions concerning these optimal decision rules. In general, risk-taking attitudes did not correlate significantly with subjects' preferences for information, in violation of theorems regarding mean-preserving spreads of risk. Other tests, e.g., narrowing certain probability ranges, also resulted in preferences contrary to expected utility (EU) theory.     

Magic Thinking

Derek Freeman, When S.F. Nadel3 who was the Foundation Professor of Anthropology in the Research School of Pacific Studies at the Australian ‘National University, was on study leave in England in 1955, he recorded two talks for the BBC entitled ‘Magic Thinking’. The texts of these talks were deposited in the Department of Anthropology following Professor Nadel's death in 1956. To the best of our knowledge they have never previously been published. It is considered appropriate that these talks should appear in the first issue of Canberra Anthropology, which is being edited by research students in the discipline that Professor Nadel so effectively established at the Australian National University.     

New Developments in Statistical Computing

In 1885, Sir Francis Galton first defined the term “regression” and completed the theory of bivariate correlation. A decade later, Karl Pearson developed the index that we still use to measure correlation, Pearson's r. Our article is written in recognition of the 100th anniversary of Galton's first discussion of regression and correlation. We begin with a brief history. Then we present 13 different formulas, each of which represents a different computational and conceptual definition of r. Each formula suggests a different way of thinking about this index, from algebraic, geometric, and trigonometric settings. We show that Pearson's r (or simple functions of r) may variously be thought of as a special type of mean, a special type of variance, the ratio of two means, the ratio of two variances, the slope of a line, the cosine of an angle, and the tangent to an ellipse, and may be looked at from several other interesting perspectives.     

Likelihood ratio test for independence with partial multivariate normal data

This article derives the likelihood ratio statistic to test the independence between (X ₁,…,X _r ) and (X _r+1,…,X _k ) under the assumption that (X ₁,…,X _k ) has a multivariate normal distribution and that a sample of size n is available, where for N observation vectors all components are available, while for M = (n + N) observation vectors, the data on the last q components, (X_k-q+1,…,X _k ) are missing (k+q≥r).     

Sub-Independence: An Expository Perspective

Limit theorems as well as other well-known results in probability and statistics are often based on the distribution of the sums of independent random variables. The concept of sub-independence, which is much weaker than that of independence, is shown to be sufficient to yield the conclusions of these theorems and results. It also provides a measure of dissociation between two random variables which is much stronger than uncorrelatedness.     

移居苏州的朝鲜族老年人:一项都市人类学的探索——基于苏州馨泰社区的实地调查

本文通过实地调查,了解到朝鲜族老年人定居苏州的深层次原因及其饮食、服装、语言等方面的习惯和社区适应的状况,发现他们在城市适应方面保持着显著的民族文化独立性。     

英美法不当得利制度适用探析——以反垄断领域超高定价为例

不当得利制度作为英美法返还请求权的核心正日益受到重视,为维护公平正义的价值理念而提供坚实的保障。在超高定价案件中,美国联邦法律只保护直接购买者,州法律虽然保护作为间接购买者的消费者,但是实践中却是背道而驰。当公平正义遭到侵害时,不当得利制度的优势凸显,但却遭到长期的忽视。文章努力强调英美不当得利制度之优势,对其在超高定价案件之适用困境进行分析,指出应还不当得利以独立之地位,发挥其独特之优势,保护消费者之权益,彰显公平正义之不朽精神。     

Gender Role Violations and the Sexual Double Standard

ABSTRACT

The sexual double standard (SDS) suggests that women are evaluated negatively and men positively for engaging in similar sexual behaviors. According to social role theory, the SDS exists due to gender role structures. Consequently, perceived violations of women’s sexual behavior are associated with the SDS. In addition to gender role violations of sexual behavior, two additional violations of gender roles exist: heterosexual sexual orientation norms and gender role characteristics. The current study aims to investigate whether the SDS persists for sexual orientation–violating and gender role characteristic–violating targets, and to examine which of the three gender role violations influence evaluations of others’ sexual behavior. A U.S. sample of 483 participants evaluated target individuals who were either female or male, heterosexual/gay man or lesbian, feminine or masculine, and had 1 or 12 sexual partners. Results indicate that SDS persists for gender role–violating targets but is exhibited differently for targets violating heterosexual sexual orientation norms and gender role characteristics.