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We offer a theory about public policy adoption that depicts a game between state supreme courts and state policymakers. We hypothesize that court ideological hostility or friendliness operates to discourage or encourage policy enactment, with the likelihood of subsequent court intervention magnifying the relationship. To test the argument we examine the influence of court ideology on the enactment of state abortion and death penalty laws since the 1970s. Empirical analyses provide strong support for our theory, indicating that court ideological hostility or friendliness significantly influenced state abortion and death penalty policy enactments. In addition, the likelihood of court intervention conditioned this relationship, with the most pronounced effect occurring where subsequent court review was mandatory. The findings reveal courts exert important preemptive influence on law without hearing a case. This facet of judicial influence expands the traditional view of actors involved in the policymaking process.  相似文献   

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In 1991, the Philippines joined a growing list of countries that reformed health planning through decentralization. Reformers viewed decentralization as a tool that would solve multiple problems, leading to more meaningful democracy and more effective health planning. Today, nearly two decades after the passage of decentralization legislation, questions about the effectiveness of the reforms persist. Inadequate financing, inequity, and a lack of meaningful participation remain challenges, in many ways mirroring broader weaknesses of Philippine democracy. These concerns pose questions regarding the nature of contemporary decentralization, democratization, and health planning and whether these three strategies are indeed mutually enforcing.  相似文献   

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One of the most important pre-Columbian gold assemblages made up of more than one hundred objects from two tombs in the Cauca river valley, Colombia, was studied to obtain archaeometric information. Although several attempts have been made to arrange gold production in time and space from the stylistic point of view, no firm conclusions were possible due to the lack of archaeological contexts. This paper presents first results of a new, fully instrumental approach, in which different analytical techniques, including OM, SEM-EDS, XRF, PIXE, RBS, AMS and X-ray imaging, were applied in order to determine a technological, metallurgical and chronological frame of the so-called Quimbaya Treasure.  相似文献   

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Decentralization projects, such as that initiated by the Rawlings government in Ghana at the end of the 1980s, create a political space in which the relations between local political communities and the state are re‐negotiated. In many cases, the devolution of power intensifies special‐interest politics and political mobilization aiming at securing a ‘larger share of the national cake’, that is, more state funds, infrastructure and posts for the locality. To legitimate their claims vis‐à‐vis the state, civic associations (‘hometown’ unions), traditional rulers and other non‐state institutions often invoke some form of ‘natural’ solidarity, and decentralization projects thus become arenas of debate over the boundaries of community and the relationship between ‘local’ and national citizenship. This article analyses one such debate, in the former Lawra District of Ghana's Upper West Region, where the creation of new districts provoked protracted discussions, among the local political elite as well as the peasants and labour migrants, about the connections between land ownership and political authority, the relations between the local ethnic groups (Dagara and Sisala), and the relevance of ethnic versus territorial criteria in defining local citizenship.  相似文献   

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This essay introduces a special issue of the Journal of Medieval History on the topic of ‘Conversing with the minority: relations among Christian, Jewish, and Muslim Women in the High Middle Ages’. Despite the fact that both interfaith relations and women's history are now well established subdisciplines within the field of medieval studies, the question of how medieval women themselves established cross-sectarian relations has rarely been explored. Documenting women's history is almost always problematic because of limited source materials, but this essay suggests that much can be learned by looking at areas where Christian, Jewish, and Muslim women shared certain facets of their lives: either by reason of social relations tied to religion and ethnicity (money-lending being a common bond between Jewish and Christian women, slavery between Christian women and Muslims) or by reason of events that connected them due to their shared sex and gender (childbirth, caring for the dead, even cosmetics). By actively looking for ‘spaces’ where women would be found, we can begin to hear the dialogues that passed among women across religious lines.  相似文献   

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The social and material conditions of postcolonial haciendas in Yucatan, Mexico, were greatly influenced by power relations intrinsic to the institution of debt peonage. Although landowning elites exercised enormous control over debt peons, hacienda social relations involved continuous negotiation between master and servant. Recent investigations at Hacienda Tabi, a sugar hacienda in southern Yucatan, explore the interplay between power relations and the creation and maintenance of the built environment. The evidence from Tabi suggests that during the Porfiriato (1876–1911) hacendados manipulated the settlement landscape to emphasize an order of social inequality. The spatial and structural elements of the hacienda's settlement reflected and supported the owners' attempts to control resident peons. However, those attempts were challenged by the resident Maya community, who defined the hacienda landscape imposed on them in alternative ways.  相似文献   

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胡汉民的立法思想与立法实践   总被引:1,自引:0,他引:1  
郑素一 《史学集刊》2004,5(4):43-48
1 92 8年南京国民政府建立后 ,胡汉民以孙中山先生“遗教”代言人身份 ,坚持旧三民主义 ,充分阐述了自己的建国、立法主张。他提出“以党治国”的训政纲领 ,奠定了南京国民政府的宪政基础 ;借鉴西方以个人利益为本位的经济立法原则 ,结合中国传统的“仁恕公平”的思想 ,提出“王道主义”的社会经济立法原则 ;还提出了男女平等、妇女解放等民法、继承法的立法主张。在 1 92 8——— 1 931年担任立法院院长期间 ,完成了立法院的组成框架 ;任用高水平的立法委员 ;主持制定了大量的新法典、厘定了旧的法律、法规。他为南京国民政府六法体系的形成及中国近代法律体系的完备作出了建设性的贡献。  相似文献   

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1963年末发生的"周鸿庆事件"引发了台日关系的危机.在这场事件中,日本不顾台湾当局的压力,坚持允许周鸿庆返回大陆.在台湾看来,这是日本亲大陆的严重过失行为,因此对日采取了激烈的报复措施,台日矛盾激化,一度濒临"断交"的边缘.作为台日双方的盟友,美国利用驻台"大使馆"向台湾当局斡旋,不断对其施加压力.美国国务卿腊斯克也亲自访日、访台,为解决双方矛盾不遗余力.最终,在美国的调节下,台日双方各让一步,就此渡过了这场"外交"危机.在解决整个事件的过程中,美国的重要作用不可低估,同时,美国在远东的战略意图也反映得淋漓尽致.  相似文献   

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The existence of the tutela mechanism and the endemic weaknesses of the legislative and executive branches of the Colombian state have led to a de facto judicialization of health policymaking. The objective of evidence‐informed policy is to identify effective policy approaches and legitimize policy decisions. Questions arise about the basis on which judges take decisions with significant policy and budgetary consequences, and the forms of evidence they use to inform these. This article focuses on the extent to which courts take account of research evidence in judgements and assesses the implications for health policy in Colombia. We place these discussions in the context of a broader analysis of the ongoing reforms to the Colombian health system and the most recent literature on evidence‐informed policymaking. The judicialization of health policymaking offers a suboptimal means to achieve the objective of evidence‐informed policymaking. The emergence of a range of evidence advisory bodies in recent years is an attempt to address the issue of judicialization alongside the other constitutional and political weaknesses Colombia faces.  相似文献   

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The influence of emulative behavior on the material and socioeconomic transformations of the eighteenth- and nineteenth-century Anglo-American world is widely debated. A study of historical archaeological sites and probate inventories in Virginia implicates emulation as one ethic operative in rural communities but also identifies a second dynamic: a tendency for many planters of divergent means to act in step with one another, responding in similar ways to new circumstances. Here termed a cultural accord, this affinity enabled some individuals who occupied middling social positions to use emulation advantageously in ways that less privileged members of the population could not.  相似文献   

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徐友珍 《史学月刊》2006,8(8):49-54,86
英美在是否承认新中国问题上的立场明显不同:英国主张尽早承认,尽管其决策取向经历了一个从事实承认到法律承认的递进过程;美国则始终坚持反对过早承认和主张有条件承认,具有不承认的实质性内容,并注定了不承认的结局。1949年1~5月,英美分歧凸显;1949年7月至1950年初,英美就承认问题不断磋商,但整个协商过程表明双方各执己见,最终各行其是,英国于1950年1月6日正式承认新中国,而早在1950年初美国在近期内承认新中国的可能性已不存在。  相似文献   

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The social relations of class, gender, and ethnicity affected individuals and families in the nineteenth century and shaped (as well as were shaped by) uses of the material world. Changes in demographic composition of the household, successions in land ownership, and other events that altered the developmental course of the family unit, however, were also significant. Variations in the material and spatial expressions of gender ideologies, for example, were more than simply deviations from middle-class cultural norms. They represented the active negotiation of dominant ideologies and the construction of alternate meaningful gender relations and forms of domesticity.  相似文献   

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Law and legal discourses are an integral part of social life, a central means of producing social identities and exercising social power in day to day life. Critically informed geographical perspectives on law have illustrated in a number of ways how the legal and social (and therefore the spatial) are mutually constitutive. This paper argues that perspectives from critical legal geography can offer insights into the operation of asylum and immigration law in the UK in the late 1990s. This paper argues that legal practices and relations are organised in hegemonic and counter-hegemonic ways in different places and institutional contexts in London. In addition law and legal practices comprise a particularly important way in which ‘community’ can be constructed simultaneously across a variety of different scales in ways that can marginalise and exclude relatively powerless groups like asylum seekers. Thus refugee identities offer a particularly clear example of how social realities are constituted by law and legal practice.  相似文献   

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What factors cause policies experiencing long periods of stability to be interrupted occationally by a short period of large changes? This study argues that electoral incentives might influence the search, supply, and processing of information on constituency issues, as well as the associated cognitive or institutional frictions, and thus determine the presence and variation of punctuated policies. This article develops and evaluates this claim within a systemic framework consisting of policy transparency, political institutions, and electoral incentives. For the purpose of identifying policy punctuations, this research uses the Generalized Pareto Distribution in the Extreme Value Theory. This study analyzes budget spending data collected from FY 1988 to FY 2008 for all 50 American states. This study finds that greater policy transparency is associated with larger spending stability. By contrast, greater gubernatorial competition is more likely to produce extreme spending changes. Electoral incentives shaped by public preference and political term limits have a profound impact on nonincremental policy changes. The impact of policy transparency is conditional on public preference, while that of electoral competition and legislative professionalism is moderated by political term limits. Particularly, a transparent policy consistent with public preference and legislative professionalism with term limits are more likely to give rise to punctuated policies, while gubernatorial (legislative) competition leads to less punctuated changes when governors (legislators) are subject to term limits.  相似文献   

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After entering Beijing in January 1949, the Communist Party immediately sent cadres to local factories in order to mobilize female industrial workers into a women's movement and to establish the idea of "revolutionary citizenship." The Party wished to nurture this idea in both the local political arena and in women's lives inside and outside the factories. This article demonstrates that a host of factors defined revolutionary citizenship, including party directives, choices in revolutionary strategy, cadres' interpretations of directives and their own initiatives, and workers' reactions to mobilization. It was in this complex mix of mobilization, women's strategies to protect and advance their own interests, and the politics of group representation in the revolution, that female workers came to understand the meaning and impact of revolutionary citizenship and the shape of labor-state relations in the emerging socialist China.  相似文献   

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Between 1934 and 1939, over 5000 people, mainly ex-miners and their families, were settled in government-owned land settlements in England and Wales. This policy emerged as a response to mass unemployment, and complemented other schemes for the unemployed developed by the inter-war National Government. This paper will consider the geographical conditions that were imagined, realized and contested in these settlements. Acknowledging the hybrid and liminal nature of these spaces, the paper mobilizes new work in cultural and historical geography and draws out the heterotopic potential of the settlement programme.  相似文献   

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