The Infringement of the Right to Establish a Family for Jewish Spouses Who Are Mutually Proscribed from Marrying Each Other

Abstract

The article focuses on one of the most painful experiences in intimate relationships and unveils a hitherto unexplored type of human right infringement, namely the right to establish a family in Israel, purported to be a democratic state. Thousands of couples are proscribed from marrying each other every year in Israel. This paper focuses on Jewish couples consisting of male Cohanim (descendants of Jewish priests) and female divorcées, as one among other types of forbidden marriages. Four themes emerged from data analysis of narratives of 26 interviewees, which converged to a common motif of liminality of Cohen-divorcée couples. Based on empirical data, I describe the predicament attendant to this human rights violation which is transmitted to offspring of these couples. The article argues that this liminality undermines the basic rationale of the prevailing millet (personal law) system and discusses the implications of this liminality for human rights and religion-state relations.     

ADHD and Brain Anatomy: What Do Academic Textbooks Used in the Netherlands Tell Students?

Studies of brain size of children classified with ADHD appear to reveal smaller brains when compared to ‘normal’ children. Yet, what does this mean? Even with the use of rigorously screened case and control groups, these studies show only small, average group differences between children with and without an ADHD classification. However, academic textbooks used in the Netherlands often portray individual children with an ADHD classification as having a different, malfunctioning brain that necessitates medical intervention. This conceptualisation of ADHD might serve professional interests, but not necessarily the interests of children.     

大数据驱动下的政府治理机制研究——基于2020年后精准扶贫领域的返贫阻断分析

大数据时代已经到来，大数据驱动下的政府治理发生何种改变，目前相关研究较少。当前政府治理的考验集中在2020年实现全面脱贫后精准扶贫领域的返贫阻断。文章以该领域为切入点，探索大数据驱动下政府治理的内在机制。研究发现：大数据背景下，政府治理能力催生出新的核心能力，即数据治理能力。数据治理能力驱动下，政府治理主体多元化有利于实现政府治理资源的宽范围、精准化动员；政府治理方式实现经验式决策向数据化决策转变，有利于实现政府资源的高效率和公平配置；政府治理客体的精准识别，有利于政府资源的精准化和最优化运用。但是客观上必须具备数据治理能力，主观上必须按照大数据驱动的要求重构政府治理体系（包括治理主体、治理方式和治理客体），才能真正实现以数据治理驱动政府治理，进而提高政府治理能力的目的。而数据治理能力客观上也加速了政府治理体系的重构，进而加快了政府治理能力的提升，并最终提高政府治理绩效。在对标大数据应用不同阶段分析常规式返贫阻断和大数据返贫阻断的不足和差距的基础上，笔者提出重构政府治理体系和提升数据治理能力等针对性建议。     

有限责任公司涉章决议中的股权保护——基于对公司法人理论的思考

伴随《中华人民共和国民法总则》以及《最高人民法院关于适用〈中华人民共和国公司法〉若干问题的规定（四）》的施行，公司章程在公司法人治理中的地位进一步得到提升。但现代性条件下股东、公司法人以及外部社会之间的张力尚存，且现有法人理论不足以支撑公司尤其是有限责任公司的治理实践。为更好地规范涉章决议以避免其侵害股东权益，仍需进一步发掘我国公司法人理论。从股东在有限责任公司法人共同体中的特殊性权利义务出发，在公司法人差异化，章程、股东权类型化的前提下实现股东合法利益的最大化。     

Disaster Relief as Social Action: A Weberian Look at Postdisaster Donation Behavior

Disaster relief involves a broad range of participants, which often results in a disjunction between actual disaster needs and the perception of appropriate strategies in relief provision. This research examines data collected through interviews with donation drive operators responding to Superstorm Sandy in 2012 and the May 2013 Oklahoma tornadoes. Using Weber's ideal types of social action to understand motivations for engaging in disaster relief, this article argues that motivations for participating in and organizing such drives influence donation strategies, and these motivations can be used to explain persistent donation of nonuseful materiel items. Findings indicate several different motivations for involvement and that donation type appeared linked to motivation. We suggest that motivation for engaging in social action is a valuable approach to better understanding donation behavior and, consequently, addressing the social problem of materiel convergence in the postdisaster environment.     

“最低核心”理论与社会权的司法保护

为了澄清社会权的含义和内容以增进对其理解,国际人权学界提出了各种"最低核心"理论。其中影响较大的有最低核心内容理论、最低门槛理论和最低核心义务理论。关于最低核心理论与社会权司法保护之间的关系,长期以来一直存在两种对立的观点。支持者认为它可以提高社会权司法保护的程度,反对者则否认两者之间的关系,甚至否定它。尽管在理论上还存在诸多争议,但各国的司法实践已经证实了最低核心理论在推动社会权司法保护中的意义。     

Staff and family attitudes to fences as a means of detaining people with dementia in residential aged care settings: The tension between physical and emotional safety

This study investigates staff and family attitudes towards the use of the fences that surround many aged care facilities in Australia, in the context of indefinite detention of people with dementia. This indefinite detention has been described in a report from an Australian Senate Inquiry as “a significant problem within the aged care context”, which “is often informal, unregulated and unlawful”. Five focus groups comprising direct care workers, family members, nurse unit managers and facility managers discussed the reasons for and their attitudes towards fences. The results show a tension between the provision of physical and emotional safety. This is to say that even while it is illegal to detain people with dementia against their will, and even while participants understood the negative impact of fences on the well‐being and emotional safety of people with dementia, they accepted and supported the presence of perimeter fences because they provided the perception that fences kept people with dementia physically safe. This has implications for redressing the balance between physical and emotional safety in policy and practice.     

‘I nearly lost my work’: chance encounters,legal empowerment and the struggle for disability rights in Ghana

This article uses a case study from Ghana to argue that rights-based legal instruments are important but insufficient steps towards securing disability rights in non-western societies. Despite Ghana’s implementation of a Disability Act and ratification of the United Nations Convention on the Rights of Persons with Disabilities, a grassroots perspective shows that legislation and the model of legal empowerment will not automatically produce equal access to human rights. The paper will present this argument through a case study of an individual who became disabled in 2008 and struggled for four years to secure his rights to healthcare and employment. I also argue that the case has a wider significance for disability rights in Ghana and beyond.     

Navigating the ethical maze in disability research: ethical contestations in an African context

Despite changes in how disability is viewed, ethical requirements for disability research have hardly changed. Some ethical clearance procedures, processes and practices still consider persons with disabilities as not able, creating unease among researchers and research participants with disabilities themselves. This paper considers five ethical contestations arising from research in the area of disability in an African context: positionality, vulnerability, signed consent, anonymity, and research committee composition. We argue that ethical requirements in practice are still largely based on a medical model of disability and propose that culturally sensitive social and human rights models should influence disability research ethics.