重庆市康复机构中自闭症儿童家长需求的研究

通过问卷调查法、访谈法对重庆市6个康复机构中近60名自闭症儿童家长的需求进行调查研究。研究发现:自闭症儿童的家长在家庭教育中的内部与外部需求众多且极为迫切,主要表现在:需要机构教师的长期帮助;希望设置更多的自闭症儿童疗育机构;提供医疗补助与更多的咨询信息。文章在对家长的内部与外部需求进行分析讨论的基础上,从家长本身、康复机构、政府部门及其他相关专业人士等四个方面提出针对性的建议。     

The biggest extension of rights in Europe? Needs,rights and children with additional support needs in Scotland

ABSTRACT

The Education (Additional Support for Learning) (Scotland) Act 2004 boosted the rights of parents of children with additional support needs (ASN) by improving access to information, instituting a Code of Practice and establishing new redress mechanisms such as the ASN Tribunal and independent mediation. More than a decade later, Scottish legislation enacted in 2016 and implemented in 2018 attempted to increase children’s rights, broadly placing them on a par with those of parents and young people. This paper draws on data from an ESRC project entitled Autonomy, Rights and Children with Special Needs: A New Paradigm? (ES/P002641/1). Analysis of Scottish Government policy and legislation, key informant interviews and official statistics are used to examine the extent to which the new rights are likely to be realised in practice, given the complexity of the legislation and competition between discourses of needs, broadly synonymous with the wellbeing agenda and rights. The paper concludes with a discussion of the lessons which may be learnt from the Scottish experience, which will be of interest to an international audience.     

The rights of children and young people under special educational needs legislation in England: an inclusive agenda?

ABSTRACT

In this article we consider the rights of children and young people with special educational needs and disabilities in England, introduced under the Children and Families Act 2014, within the context of the wider reforms made by the Act. Drawing primarily on key informant interviews conducted as part of an ESRC project on Autonomy, Rights and Children with Special Needs: A New Paradigm? (ES/P002641/1), and making reference to the international framework of children’s and disabled persons’ rights, we present an analysis of the (mostly professional) viewpoints gathered and what they tell us about the progress towards the realisation of children and young people’s autonomy and agency in this field.     

‘But they are Norwegians!’ Talking about culture at school

Although heavily debated and sometimes rejected in the scholarly debates, notions of culture and identity have to a large extent become the framework through which to understand the realities, effects and implications of transnational migration for European societies as well as for migrants themselves. Drawing on ethnographic data from a Norwegian primary school which presents itself as multicultural and on textual data from the wider political debate in Norway, the author aims to explore the understandings of culture that are at play in such a context and the possibilities and restrictions these are providing for practices of inclusion. At the same time as teachers are proud of their efforts to ‘make cultural diversity visible’, there is also a significant frustration with a multiculturalist language that tends to equal identity with primordial spatial belonging. In response, new understandings of culture and identity that are more focused on commonality are emerging.     

现代道德危机下的德性重建与精英主义之悄然复归 ——麦金太尔德性论的内在逻辑

二十世纪中叶,以安斯库姆为首的伦理学家针对近代社会严重的道德危机,掀起了美德伦理学的复兴潮流。麦金太尔作为这场潮流中的主要人物,主张批判地重构亚里士多德的德性论,其中关于亚里士多德德性论的精英主义就是他批判的重点之一。然而我们却发现,这种为其所拒斥的倾向正在重构的过程中“悄然复归”。对此,应该首先着眼于德性论的基本框架及其内在逻辑,通过了解亚里士多德德性论的主要观点及其存在的问题,以探析麦金太尔德性论的内涵。在明确其对亚氏德性论的具体批判后,展示德性论的重建以及精英主义的悄然复归。最后,针对精英主义“悄然复归”的现象,在德性论理论形态内部的基本要素中来寻找其深层原因,回到亚里士多德,证明精英主义与德性论存在着内在的逻辑联系。     

中国债转股法律问题探析

当前我国的债转股法律制度,在制度设计和相关立法上存在一定缺陷．通过对债转股中债权出资、债转股法人治理结构设计、转股企业选择的定位以及金融资产管理公司退出机制的讨论,对完善我国债转股法律制度作出了积极的思考．     

公民的权利位阶初探

通过对昆明钢琴噪音案的思索,作者提出了公民权利的位阶是否存在问题,并从公民权利的基础出发,论述了权利位阶的评价标准：权利满足的是公民的何种需要和利益,以及该需要和利益对公民的生存和尊严的作用大小。文章提出解决公民权利冲突的三个原则;(1)权利均衡原则;(2)高位阶权利优先原则;(3)公平限制原则。     

Mobilising capitals? Migrant children's negotiation of their everyday lives in school

This paper considers how first‐generation immigrant children contribute to processes of capital accumulation through their negotiation and positioning in Irish schools. Drawing on the concepts of social and cultural capital, as well as inter‐generational analyses of children's role in the structuring of everyday life, the paper highlights migrant children's strategic orientation to their primary schooling, positioning themselves in order to maximise the exchange value from their education. Social class, gender and ethnic/migrant status were identified as significant to the strategies adopted, and how children coped with their positioning as ethnic ‘other’ in school.     

麦金太尔的地方性共同体思考

地方性共同体是麦金太尔应对现代性挑战所作出的一种政治伦理思考。在道德缺失的政治现实中,麦金太尔认为只有地方性共同体才能拯救现代道德与文明。地方性共同体内嵌于一种给予与接受的社会关系网络中,其对人类依赖性的强调,加强了共同体成员对共同善的认同与追求。地方性共同体对资本主义制度的拒斥和对共享思想的强调,既体现了社会主义的基本任务,也彰显了社会主义的核心价值理念。尽管地方性共同体是一个不甚完美的政治模式,但麦金太尔为现代性拟订了一个社会主义的走向,这是值得思考和借鉴的。     

Child Voice: How Immigrant Children Enlightened Their Teachers with a Camera

Changes in global patterns of residence mean that preschool teachers welcome immigrant children and families into preschools in increasing numbers. Many teachers report both anticipation and apprehension about having immigrant children in the classroom. Apprehension is related to concerns about a lack of enough knowledge about languages and cultures to sensitively work with children and families. To overcome apprehensions and challenges, teachers are encouraged to learn from the work of other adults. This study builds upon research that suggests that teachers can also look to the children as a source of knowledge. The purpose of this study was to explore how preschool immigrant children might use a disposable camera to communicate with their teachers. The participants of this qualitative study were immigrant and native-born students in a local preschool. Each child was given a disposable camera, instruction about taking photographs and the request to take pictures of what was important to them. Data were collected by recording each child telling the teacher about the pictures. Data were analyzed for themes, patterns and categories. Findings indicated that the messages that the children conveyed to their teachers included important information about language development and family cultural identity. Findings also identify teacher strategies that helped and hindered child ability to communicate during the photo-narration process. An implication of the study was a shift of child agency within the teacher child relationship during photo-narration activity.     

代理.无权代理.表见代理

代理、无权代理和表见代理是民法学“代理”这一范畴中的三个重要法律现象。代理是“代理的完全形式，无权代理是“代理”的缺陷形式，表见代理是“无权代理”的变异形式。三既有联系又有区别。     

后现代境况下的德性伦理

在道德缺失的后现代境况下,麦金太尔提倡回归亚里士多德德性伦理是提升个体和整个社会道德水准的一种艰难而高尚的选择。德性伦理可以将个人和群体引向终极的善,但当下仍不能放松规范伦理的建设,因为规范伦理可以保证行为的正当性。     

Pre-school children’s agency in learning for sustainable development

In recent years, there has been a growing interest in pre-school children’s meaning-making and learning in education for sustainability. Young children should be recognized as ‘agents for change’ and active participants in their own day-to-day practices. Such issues are thoroughly discussed in the early childhood education for sustainability field. However, only a few research reports are presented on the subject. In this paper, our purpose is to examine empirically how agency is constituted when pre-school children explore science-related issues in a context of education for sustainability. The empirical material consists of video-recording sequences of four- to five-year-olds. In the analysis, we use a methodological approach based on Dewey’s pragmatist philosophy. We describe what a small group of children are doing and their ‘course of action’ towards ‘fulfilment’. In view of this, agency is explained as something that children achieve together in transactions rather than something they possess. Furthermore, the findings show the significance of the aesthetic relations in the constitution of agency. At the end of the article, we also discuss agency in relation to the ongoing debate on participation in young children’s meaning-making for sustainability.     

对表见代理的功能和构成要件的再思考

表见代理的功能在于保护交易安全,平衡第三人和本人的利益,鼓励交易,提高资源利用效率,进而提出表见代理的特殊构成要件,驳斥了表见代理的主观要件二要件说,并提出了表见事实的形成和本人无关也是表见代理构成要件之一的观点。     

论商事代理留置权

商事代理留置权是商事代理人享有的一种特殊权利,具有保全商事代理人债权的功能。商事代理留置权是建立在商事留置权的基础上,以商事代理独立于民事代理制度为前提。它具有民事留置权的一般特征,其形成条件受制于商事代理的营业性特点。商事代理留置权有拒绝返还的抗辩、留置物的处分以及优先清偿的法律效力。     

新外贸法出台后外贸代理制度的法律定位

我国对外贸易经营体制改革的一项重要内容就是推行外贸代理制度。2004 年 7 月 1 日,我国已正式实施新的《中华人民共和国对外贸易法》,该法的实施必然会使外贸代理制度从公法领域回归至私法领域。因此,制定统一的代理法,使外贸代理与内贸代理受统一的代理法的调整是大势所趋。     

后现代境况下的德性伦理

在道德缺失的后现代境况下。麦金太尔提倡回归亚里士多德德性伦理是提升个体和整个社会道德水准的一种艰难而高尚的选择。德性伦理可以将个人和群体引向终极的善,但当下仍不能放松规范伦理的建设,因为规范伦理可以保证行为的正当性。