冲突与协调:司法应对民意的理性思考

司法要不要考虑民意,与如何看待司法理性有关。从功能理性的角度分析,司法与民意之间的关系就是在司法过程中准确地界定法律规则和民意的地位与功能,使其能够在各自范围之内得以适当的发展。分析我国司法实践中民意对司法产生的效应和影响,提出通过养成法官公共理性、以正当程序疏导民意、认真对待公民诉权等措施对其予以规范,从而培育司法的功能理性。     

从大脑两半球功能特化理论论人的创造力

创造性思维是人重要而独特的思维功能,大脑两半球功能特化理论揭示了大脑两半球对创造性思维的影响。     

系统功能语法理论对大学英语教学的启示

韩礼德的系统功能语法理论应用于大学英语教学中可以帮助学生挖掘文章字里行间所隐含的深层意义,更好地理解作者的交际意图,从而有效地开掘学生运用语言的潜力,激发学生创造性运用语言的能力,提高学生自身的英语综合应用能力。     

Direct Payments and Disabled People in the UK: Supply, Demand and Devolution

Direct payments have brought new opportunities for self-determinationand independent living to disabled people in the UK, featuringprominently in government strategy and the 2006 White Paper,‘Our Health, Our Care, Our Say’. However, ten yearsafter direct payments legislation, take-up remains low and implementationvaries greatly. Rates of take-up in England remain more thandouble those in other parts of the UK, raising questions aboutdevolution and equity. This paper presents data from a nationalstudy to examine some of the mechanisms underlying uneven outcomesfor disabled people in different parts of the United Kingdom,with particular reference to the politics of devolved governance.The analysis focuses on scope for interpretations of policy;resources for information and training; the impact of mandatoryduties and targets; extensions to new user groups; and the roleof support organizations and disability activism. The evidencesuggests that local variations have been produced not only by‘local’ factors, but also by different opportunitystructures for policy development in England, Scotland, Walesand Northern Ireland. This raises questions about the impactof devolution on equity and opportunity for disabled peoplein the UK.     

曼海姆:社会重建时代的理性与非理性研究

曼海姆指出,现代西方社会危机根源于理性与非理性在社会发展中的失调,主要表现在:人类控制非理性能力发展的不均衡与分配的不平等;工业社会的功能理性导致实质理性的丧失;大众政治的非理性对现代民主的威胁;个人和社会处在一种“有组织的不安全”状态。曼海姆基于批判理性主义的立场,试图通过弘扬教育、实施民主、制定计划,来重建一种理性与情感协调的社会,以解决社会的危机。     

政府在社会救助中的责任及其职能的合理定位

社会救助制度是整个社会保障制度的基础子系统,作为社会保障体系中的“最后一道防线”,它通常被视为政府的当然责任或义务。本文通过对我国社会救助制度中政府失责问题的剖析,探讨了政府在社会救助制度中应承担的责任及其职能的合理定位。     

The Costs of Disability and the Incidence of Poverty

Both disability and poverty have been the subject of extensive research, although relatively few Australian studies have examined the relationship between them. Most poverty studies make no allowance for the higher needs (and costs) associated with disability, while few disability studies have focused on poverty among the disabled. Yet disability often leads to greater need and this will increase the risk of poverty. This paper uses data from the 1998–99 Household Expenditure Survey to estimate the costs of disability using a ‘standard of living’ approach and uses these estimates to compare poverty rates among those with and without disability. The results imply that where there is an adult in the household with a disability, poverty rates are higher even before allowing for the extra costs of disability. After account is taken of the costs of disability, estimated poverty rates rise substantially where there is a disability present. Taking account of costs that vary with the severity of the restriction associated with the disability is also shown to make a large difference to comparisons derived from conventional poverty research.     

Transitions to employment from labour market enterprises in Norway

In this article we analyse a labour market programme for partially disabled workers that involves the transition from labour market enterprises to a job in the ordinary labour market. We found that the percentage of these people who found jobs after a maximum two-year programme period increased over time. In 1995, 28 per cent became employed in the ordinary job market after leaving the programme. Exit rates to employment increased to 36 per cent in 1998 and to 39 per cent in 1999. We also found heterogeneity in the job transitions. Employment ratios for men were relatively stable over time, varying between 30 and 40 per cent over the period 1995–1999. For women, however, we found a significant change in employment ratios, with 21 per cent finding a job in 1995 and 40 per cent in 1999. In 1995, employment ratios for female participants were below those of male participants, although there was no difference over the whole period studied (1995–1999). In 1999, the average transition rate to employment was higher for female than for male participants.     

Living Healthy and Living Long: Valuing the Nonpecuniary Loss from Disability and Death

This analysis uses three valuation approaches—risk–risk tradeoff, paired risk–dollar comparison, and utility function estimation—to estimate the nonpecuniary cost associated with disability in late life. In addition, we obtain an estimate of the value of life using a paired risk–dollar comparison. The data were obtained from interviews with 548 persons using an iterative computerized questionnaire. Respondents reported a median value of life of $12 million. They were willing-to-pay .7–1.4 million to avoid disability in late life or approximately $47–$95 thousand for each year of disability over age 62. The results were robust to the valuation technique employed.     

Improving functional outcomes in college and university students with schizophrenia in the Western world

Retrospective research from patients with schizophrenia suggests that remission becomes increasingly less likely the longer psychosis goes untreated. Yet symptoms of schizophrenia are insidious and disease evolution varies between patients, requiring an ongoing diagnostic process. One way of justifying early treatment is by focusing on functionality rather than symptomatology. Most patients are diagnosed with schizophrenia between the ages of 17 and 25—when many young adults are undergraduates or pursuing post-graduate education. The extent to which schools partner with mental health services has implications for the short-term success of students' recovery and their future employability. Translating study findings on schizophrenia to the college setting remains an important area of investigation.