透视新制度经济学视野中的国家法与民间法

新制度经济学关于正式制度与非正式制度的分类及对两者在制度结构、制度绩效、制度联动和制度变迁等方面关系的阐释,恰是用来释解我国学者语境中国家法与民间法论题的对应框架,并为我们提供了一种看待国家法与民间法关系的新颖理论智识,对在该论域研究的知识增量中吸纳国外先进经验和输入其他学科方法具有重要的借鉴和启发意义。     

浅析农村社会存在的违法行政问题--由"精神病人死得其‘锁''"引发的思考

农村存在大量违法行政现象的主要原因是由于行政执法者和农民的法律意识淡薄、农村社区的行政执法监督机制不健全、缺乏相应的物质条件等方面的因素,以及由此导致的执法存在乡村习俗与国家法的“合作”、执法过程中的“低成本”运作、以及由此导致的法律权威尚未树立等问题。从我国法治建设的进程、农村的经济发展和权力运行模式和农民主体意识的养成等方面看,农村通往法治的路仍然相当漫长。     

Kinship care or upbringing by relatives? The need for ‘new’ understandings in research

This article addresses knowledge production on formal kinship foster care. In spite of growing interest in this phenomenon, little attention has been paid to how kinship care should be understood in research – as a service under child protective services or as upbringing by relatives. Each of these understandings leads to different research questions and creates guidelines for what falls into or outwith the focus of research. In kinship care research, this phenomenon has primarily been studied as a service. Research that seeks to evaluate the effect of kinship care compared to non-kinship care is used as a case to discuss the implications for the type of knowledge that researchers produce. While we acknowledge the importance of this research, we demonstrate the many challenges it involves and why this should not be the primary focus in kinship care research. On the background of these limitations, we argue in favour of approaching kinship care as upbringing by relatives – as ways in which family life can be organised and structured. This can lead to relevant knowledge that will enable us to obtain a better understanding of what kinship care is and involves.     

Re-bounding EU citizenship from below: practices of healthcare for ‘(Il)legitimate EU Migrants’ in Italy

Since multiple crises are currently affecting Europe, interest on changes in intra-EU mobility patterns, policies and EU movers’ strategies of integration has re-emerged in academic debates. What seems to still lack to date is a focus on the chaining actors linking the macro level of policies and the micro level of individual strategies, that is, civil servants who are in charge of implementing national policies in their daily encounters with EU citizens. Through an in-depth qualitative analysis of formal policies and daily practices in the field of healthcare for EU citizens in Piedmont, in the North of Italy, this contribution analyses how EU citizens’ right to free movement and equal access to social protection is officially framed and concretely enacted within the boundaries of the Italian National Healthcare System and the role of health workers as de facto citizenship-makers. It suggests that, along with managerial orientations, different evaluations of the Italian economic and financial situation, and of EU citizens’ root motivations behind their decisions to move across Europe play a crucial role in shaping health workers’ assessments of EU citizens’ deservingness of healthcare.     

Impacts of child development accounts on parenting practices: evidence from a randomised statewide experiment

ABSTRACT

This study examines the impact of Child Development Accounts (CDAs) on parenting practices of mothers with young children in a statewide randomised experiment conducted in the United States. The experiment included 2704 primary caregivers of children born in Oklahoma during 2007: 1358 were randomly assigned to the treatment group and 1346 to the control group. Structural equation modelling suggests that the punitive-parenting score among treatment participants was .12 standard deviations smaller than that among control participants (p < . 05). Findings indicate that CDAs reduce punitive parenting, and may serve as an additional tool for positive parent–child interactions.     

CULTURAL STUDIES IN AUSTRIA

One of the two main lines of argumentation of this text turns around the idea of ‘intellectual practices’. This idea is used here to criticize the hegemony that both academic institutions and publishing industries have been exerting on representations of the idea of ‘the intellectual’. In ­addition, the idea of ‘intellectual practices’ is useful to make more visible the diversity of forms in which intellectual work informs current social practices, as well as to show that this work assumes forms not limited to writing practices. The other line of argumentation turns around the conceptual pair ‘culture and power’. This pair, explicitly or implicitly used by many intellectuals, allows the formerly mentioned reflection to be grounded in a relatively more limited universe of practices. Moreover, the reference to this pair highlights the importance of the particular set of practices that explicitly or implicitly relate to it. These practices may be characterized as simultaneously involving a cultural approach (focusing on socio-symbolic dimensions) of issues of power, and a political approach (focusing on relations of power) of the cultural (socio-symbolic) dimensions of social processes. Finally, this article also presents a critic of the idea of ‘Latin American cultural studies’, which fundamentally criticizes a de-contextualized and de-contextualizing application of certain representations of the idea of cultural studies in Latin America, as well as studies about Latin America from abroad. Such de-contextualization impoverishes the critical impulse of such an intellectual perspective, and at the same time diminishes the visibility of other significant practices in culture and power developed in Latin America.     

From a Given to a Construct

The transition towards a cognitive and post-industrial economy has led to the emergence of new strategies of capture of the immanent productive capacities of the social forces. Heritage entities are subject to, and also participate in, processes by which common creativity and knowledge are being harnessed by novel forms of rent and control. The objective of this paper was to show that conceiving heritage as a common situated in specific contexts rather than as a universal essence can open up novel epistemological spheres of communication between different knowledge practices. Also, it can help bridge some ontological gaps among the various stakeholders in the arena of heritage, such as academics, managers, architects, local communities and market forces. This entails considering heritage as an emergent material and immaterial construction process involving many different agents. Currently, these processes tend towards the privatization of common values and the shattering of local communities. Normally, this situation entails a fundamental alienation between objects and subjects, and the reification of heritage. This paper suggests that considering heritage as a common could provide a different perspective to tackle this crucial problem. Accordingly, scholars should not only be bound to a critical discursive stance, but should also commit to ‘ontological politics’ that would situate them as mediators between the global hierarchies of value generated by heritage and the common productive potential of local communities.     

Confucian values and the implications for international HRD

Abstract

The consideration of cultural issues has become increasingly important in scholarly inquiry and explorative practice in international human resource development (HRD). We review and explore the core characteristics of Confucian-based culture in relation to organizations and unfold how these Confucian values may affect organizational and management practices in China and other Asian countries. Five major aspects of Confucianism are examined. They are: (a) hierarchy and harmony, (b) group orientation, (c) guanxi networks (relationships), (d) mianzi (face) and (e) time orientation. The impact of these values on management practices in the Chinese organizational context is presented in four areas: (a) working relationships, (b) decision-making processes, (c) ruling by man (ren zhi) instead of by law (fa zhi) and (d) HR practices. Implications for organizations and international HRD are also discussed.     

From Women's Struggles to Distorted Emancipation

This article develops a critical analysis of transformations of the idea and practice of women's emancipation in late-modern western society under the influence of globalizing advanced capitalism. It builds on analyses of feminist critical theory and critical globalization studies and argues that global capitalism initiates processes in which the practice of emancipation is distorted. Distorted emancipation refers to the social consequences of the marketization and commodification of areas of social life that were previously excluded from market relationships. Care practices, which have been a fundamental issue in women's emancipatory struggles, are used as a reference point. The article argues that even if commodification creates certain possibilities for financial rewards of care, it institutionalizes a double misrecognition of care as both nonproductive work and paid work that cannot be a source of social recognition. Furthermore, distorted emancipation makes positive moments of changing gender patterns available only for some groups of women in socioeconomically, geopolitically or culturally privileged positions. These positive moments are dependent on transnational care practices, which are understood as a manifestation of distorted emancipation.     

社会主义建设时期就业政策与实践探索

1956年社会主义改造基本完成之后，我国进入社会主义建设时期，随着社会主义制度的建立，经济发展的诸多情况发生了根本的变化，就业问题就是其中具有代表性的问题之一。在社会主义建设时期，我们采取过什么样的就业政策和进行过什么样的就业实践，这些就业政策和就业实践对我们今天经济社会发展有什么借鉴意义，对今天的就业政策和就业实践又有什么借鉴意义，都是值得我们思考的问题，同时也是有着重大的理论和实践意义的。