不真正连带责任的诉讼形态——权利实现与程序救济

由于立法不明确,法院对不真正连带责任诉讼形态的选择表现出不确定性.理论上也存在不同认识,在现实法律环境下,应当结合不真正连带责任的性质、效力、诉讼形态的划分标准等因素进行综合考虑,首先应当遵守现有的法律规定;在法律未作明确规定时,债权人具有选择权,可以向任一债务人起诉,也可以选择向全部不真正连带责任人一并起诉,如果债权人同时向不真正连带责任人分别起诉,则应当适用合并审理的有关规定.     

西方集体行动理论研究的演化及发展

集体行动是社会科学界长期关注和思考的核心问题之一,本文主要针对西方学者关于集体行动理论的分析和研究发展进行较为系统的介绍和简要评议,以图对国内的集体行动研究提供有益的思考问题的视角。     

存在哲学视野中的交往行为理论--哈贝马斯交往行为理论的另一种解读

哈贝马斯的交往行为理论作为一种批判的社会理论,在批判现代西方社会日益严重的弊病和危机的同时,旨在为这一社会提供一种建设性的解决方案。海德格尔的存在哲学则关注于人的生存问题,力图通过对"存在"整体的深度分析来揭示现实生活世界中人们的生存困境,并最终通过诗性的语言来得到克服。与海德格尔的这一思想进路相比较,哈贝马斯的交往行为理论也可以视为是面向生活世界的交往问题而提出来的。哈贝马斯以生活世界作为他的交往行为理论的现实起点,以交往行为为核心实现"交往范式"对"劳动范式"的理论置换,并通过对交往行为进行规范语用学分析将交往理性重建为一种规范的力量,揭示出植根于生活世界的交往活动之中的有效性规范,以此谋求对交往问题的规范性解决。     

When Futures Meet the Present

In this essay, I respond to Mische's work on projection and the research of future action. Further, I suggest a tri-partite framework of mechanisms—one I have termed "political semiosis"—that allows historical actors to materially and figuratively reorient and realign the past, present, and future in projects of transformation.     

Social Policy from Olson to Ostrom: A Case Study of Dutch Disability Insurance

Social policy development and reform in corporatist welfare states often follows a pattern of subsequent collectivization and de‐collectivization. This has to do, the article argues, with the social problems these phases address. Early social policy development forms a response to Olson‐type collective action problems that organized actors (labour and employers' organizations) in the field experience: state‐obliged benefits solve free rider problems, while bipartite administration allows labour and employers' organizations to organize their constituencies. This solution to Olson‐type collective action problems, however, also constitutes an Ostrom‐type collective action problem. Such a system functions as a common pool resource. Individual benefit take‐up is experienced as free and the costs of benefit take‐up are collectivized in the common pool. The article illustrates this pattern with reference to Dutch disability insurance.     

Assessing participants’ perceptions on group-based principles for action in community-based health enhancing physical activity programmes: The APEF tool

In community-based health enhancing physical activity (CBHEPA) programmes, group-based principles for action such as active participation, enjoyment, and fostering group processes are widely advocated. However, not much is known about participants’ perceptions of these principles as there are no assessment tools available. Therefore, this article describes the development of the APEF (Active Participation, Enjoyment, and Fostering group processes) tool and reports on its implementation in a Dutch CBHEPA programme. Indicators for the principles have been identified from literature research, interviews with professionals, and secondary analysis of three group interviews with 11 practitioners. To address the identified indicators, the APEF tool was developed, pretested, and used in 10 focus groups with 76 participants.The APEF tool consists of eight statements about group-based principles for action, on which CBHEPA participants vote, followed by in-depth discussion. The voting procedure engages participants. Spider diagrams visualise participants’ perceptions of group-based principles.The APEF tool addresses the challenge of relating group level outcomes to individual outcomes such as physical activity behaviour. The tool facilitates as well as evaluates group-based principles for action, it stimulates dialogue and is culturally sensitive, but it needs strong facilitating skills to manage group dynamics.     

Structuration d’un champ d’action publique : l’intervention publique sur les copropriétés dégradées

This article focuses on the social construction of the problem, which emerged in France during the 1980s, of dilapidated condominium apartment buildings and on the public policy instruments that have been used. A sociology of organized action serves to analyze this twofold process, which has resulted from the formation of networks of persons unfamiliar with the legal aspects of condominium ownership. Linking the periphery to the center, these networks have crystallized around norms ensuing from housing policy. The concept of “field” in the Weberian sense explains this crystallization, and also applies to the symmetrical process of conserving civil law on joint ownership. Parties attached to this normative system denied the problem of dilapidated condominiums, when it was presented to them. By pursuing a social activity based on applying and producing rules, individuals in the networks related to housing policy and persons concerned by condominium ownership contributed to maintaining and, too, revitalizing rules and norms.     

The Micro-Formation Mechanism of Trade Conflicts between Large Developing Countries: India’s Anti-dumping Action against China

Abstract

Employing Grossman and Helpman’s “protection for sale” model, this article uses data on anti-dumping actions from 1999 to 2009 to perform a quantitative analysis of factors influencing India’s determinations of anti-dumping duties against China, and reveals the micro-formation mechanism of economic conflicts between China and India. We find that the political power of India’s anti-dumping plaintiffs markedly increases the tariff level of its final determinations and that the relationship between the import penetration ratio and duty rates depends upon whether the plaintiffs are politically organized. Further, there is a significant positive correlation between India’s anti-dumping duty rates and its unfavorable trade balance with China. This indicates that in determining anti-dumping duties, Indian authorities are clearly influenced by the political clout of their domestic interest groups. They are also motivated by the desire to keep down China and gain the upper hand in the face-off between the “dragon and the elephant.”     

Anti-statism and Difference Feminism in International Social Movements

Feminist strategies that neglect or consistently deplore state action cannot accomplish what women need – because individuals need collectives such as states to solve collective action problems and to move toward more just social arrangements. Strategies that rely heavily on women's differences from men also cannot accomplish what women need – because women are like men in many ways relevant to individual and collective action. Despite these truths, social movements also need some strategies of action that work separately from and sometimes against the state. Moreover, strategies that accentuate the differences between oppressed and oppressing bring needed energy to a movement. The best overall strategy is, therefore, to realize that both states and difference theories are dangerous weapons, and proceed with caution.     

Morality and Nuclear Energy: Perceptions of Risks and Benefits,Personal Norms,and Willingness to Take Action Related to Nuclear Energy

We examined factors underlying people's willingness to take action in favor of or against nuclear energy from a moral perspective. We conducted a questionnaire study among a sample of the Dutch population (N = 123). As expected, perceptions of risks and benefits were related to personal norms (PN), that is, feelings of moral obligation toward taking action in favor of or against nuclear energy. In turn, PN predicted willingness to take action. Furthermore, PN mediated the relationships between perceptions of risk and benefits and willingness to take action. In line with our hypothesis, beliefs about the risks and benefits of nuclear energy were less powerful in explaining PN for supporters compared to PN of opponents. Also, beliefs on risks and benefits and PN explained significantly more variance in willingness to take action of opponents than of supporters. Our results suggest that a moral framework is useful to explain willingness to take action in favor of and against nuclear energy, and that people are more likely to protest in favor of or against nuclear energy when PN are strong.