行为法经济学视角下的政治哲学——一种自由至上的、不对称的、新型的温和家长主义

以行为法经济学实证理论为依据,在扬弃自由主义和家长主义的基础上,提出了一种新的政治哲学思想,即自由至上、不对称、新型的温和家长主义,认为这一思想在法律和政策层面有重要的规范意义。     

同意的困境——基于以同意理论证成政府家长式干预的视角

在自由主义语境中,对政府家长式干预行为可行性的分析诉诸于对个人意愿真实性的探求,而同意理论作为个人意愿的有效表达方式成为家长主义者和反家长主义者论辩的重点。但是,由于同意本身所具有的局限性,使得通过诉诸于个人意愿的方式证成政府家长式干预行为的路径遭遇到了不可避免的困境。     

Frontline managers' perceptions and justifications of behavioural conditionality

The debate on behavioural conditionality is characterised by abundant controversies. Frontline managers have a particularly important role in implementing these policies because their interpretation of the welfare policies regulates the frameworks of street-level bureaucrat's discretionary powers. A nationwide survey among frontline managers in the Norwegian Labour and Welfare Administration revealed that 86% of the managers expressed strong normative support towards welfare conditionality. With this as a backdrop, this paper develops a better understanding of managers' perceptions and justifications of the Norwegian type of behavioural conditionality. Analysis of focus group interview data showed that the managers adopted a broad definition of conditionality, meaning promotion of an overall (re)integration of the client into the society as opposed to the narrow definition focusing solely on labour market integration. Furthermore, the implementation of welfare conditionality primarily was perceived as mild and client sensitive. The managers mainly justified welfare conditionality in terms of care and paternalistic defences, arguing that requirement of work and activities are in the client's best interest, understood in terms of social democratic values.     

Paternalism in Australian welfare policy

Since at least the 1990s, policies comprising welfare reform in Australia have focused on securing employment for jobless people. This article demonstrates that these policies are highly paternalistic, and argues that despite the absence of the term ‘paternalism’ from relevant government discourse, paternalism is indeed a substantial characteristic of the policies. Such policies have been substantially justified through appealing to the objective of advancing the interests of those people subject to the policies while simultaneously involving compulsion. The research is based on evidence from 1996 to 2011. Through the analysis of government documents and interviews with policy makers, the presence of a benevolent justification is identified and analysed, focusing on two subordinate justifications: reducing welfare dependency, and promoting social inclusion. Policies aimed at getting people into work are then examined, where it is found that compulsion is the primary policy instrument. It is shown that the compulsive elements in workfare, when linked to the objective of helping workfare subjects, renders the policies implicitly paternalistic.     

Going Against the Historical Grain: Perspectives on Gendered Occupational Identity and Resistance to the Breakdown of Occupational Segregation in Two Manufacturing Firms

This article discusses a process of restructuring of working practices within two manufacturing firms with respect to its implications for gendered occupational segregation. A contextualized, historically situated analysis is presented, which is cast within debates on the nature of gendered occupational identity, equality initiatives and arenas of power and influence for women and men, within what were traditionally male‐dominated organizational contexts. Such an analysis serves to highlight the significance of the new restructuring in sweeping away 150 years of practice and embedded ‘ways of doing things’ and offers explanations for the actions of contemporary men and women in opposing what were seen by management and the trade union as emancipatory changes.     

透过苔丝狄蒙娜与爱米莉娅看莎士比亚的女性观

本文通过戏剧《奥赛罗》中的苔丝狄蒙娜与爱米莉娅进行对比,阐明莎士比亚的女性观。     

民事诉讼发回重审制度中的利益衡平

依照现行民事诉讼法的规定,当案件在原审法院未获实质审理时,二审法院或再审法院应当将案件发回原审法院进行重新审理。设置发回重审制度的初衷在于保障当事人的审级利益。现行立法对审级利益的绝对保障实质上是一种法律父爱主义的做法,当事人的程序利益遭到漠视。缺少制约的发回重审有产生异化的风险,反转成为法院拒绝司法、规避审限规定之借口。民事诉讼法修订时,发回重审制度的重构应以审级利益与程序利益相平衡为前导法理,并通过确立当事人的程序选择权,即承认当事人之间以是否发回重审的合意为内容的诉讼契约之效力,以遏制审判权行使的恣意、恶意因素,最终实现当事人利益的最大化。     

女性主义转向：成年监护制度改革应有之义--兼评《民法总则（草案）》相关规定

新近《民法总则（草案）》的出台并未撼动中国父权主义成年监护制度基础。女性主义理论认为，传统家父制监护忽略了被监护人的“女性化”事实，将被监护人排除在“理性人”范围之外，否认其存余的意思能力，以便对其进行“控制管理”。因此应将女性关怀伦理引入到成年监护改革中，设计更加合理、公正的“情境化”功能性意思能力评价方法，以“关怀”被监护人的理念矫正传统的父权主义监护措施，以支持型的决定模式取代传统的替代型决定模式，更好地保障被监护人的自由意志及各项权益。     

Ethnicity,nationalism and race relations: The chinese treatment of the solon tribes in Heilongjiang frontier society, 1900 – 1931

The Solon tribes, including the Oroqen, the Ewenk and the Daur, have lived in Heilongjiang (North Manchuria) for millennia. For centuries, the Solon led a hunting life in the mountains and along the rivers. Their constant migration earned them a reputation as nomads. Russian penetration into the region in the late nineteenth century Russified many of the Solon, which alarmed the Chinese government into action. The Chinese persistently embraced every opportunity to win them over. The principal policy adopted by both the Qing dynasty and the Chinese Republic was to turn Solon nomads into sedentary farmers. The government erected villages for the Solon, helped them to adapt to new life, and educated them to be Chinese citizens. These paternalistic yet preferential measures, however, rapidly Sinicized the Solon in just three decades.     

Coercion and justice: a critical analysis of compulsory intervention towards adult substance abusers in Scandinavian social law

Compulsory interventions towards adult substance abusers have a long tradition in the Scandinavian countries. Attitudes towards such controversial measures have changed during the last decades, and currently all three countries (Denmark, Norway and Sweden) emphasise individual autonomy and integrity as the basic principle in social law. In this article justifications of compulsory interventions are analysed on the basis of three general principles of justice: the liberal Principle of Autonomy, the Principle of Care and the utilitarian Harm Principle. A critical approach towards the weighting of these principles is applied in the discussion of the legal foundation of compulsory measures in the Norwegian, Swedish and Danish social laws.