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Fair Measures: A Behavioral Realist Revision of 'Affirmative Action' 公平措施:对“平权法案”的行为现实主义修正
Pub Date : 2006-01-07 DOI: 10.2307/20439059
Jerry Kang, M. Banaji
New facts recently discovered in the mind and behavioral sciences have the potential to transform both lay and expert conceptions of affirmative action. Drawing on recent findings in implicit social cognition (ISC) and applying a legal methodology called behavioral realism, the authors advance four arguments. First, evidence of pervasive implicit bias allows us to avoid problematic backward- and forward-looking justifications for affirmative action and instead focus on addressing discrimination here and now. Second, evidence of biased interpretation and stereotype threat suggests that merit is currently being mismeasured, and that more accurate measurement processes should be adopted. Third, evidence of the malleability of implicit bias suggests interventions different from the traditional social contact hypothesis, such as deploying debiasing agents. Finally, instead of an arbitrary deadline, a better terminus for various affirmative action programs is when our society reaches alignment between explicit normative commitments and measures of implicit bias. Through this analysis of the legal and policy implications of cutting-edge social cognitive research, the authors shed the freighted term affirmative action and produce instead a scientific and normative common ground in favor of fair measures.
最近在心理和行为科学领域发现的新事实有可能改变非专业人士和专家对平权法案的看法。根据内隐社会认知(ISC)的最新发现,并应用一种称为行为现实主义的法律方法论,作者提出了四个论点。首先,普遍存在的隐性偏见的证据使我们能够避免为平权行动提供有问题的向后和前瞻性理由,而是专注于解决此时此地的歧视问题。其次,有偏见的解释和刻板印象威胁的证据表明,目前的优点被错误地衡量了,应该采用更准确的衡量过程。第三,内隐偏见具有延展性的证据表明,干预措施与传统的社会接触假设不同,例如部署消除偏见的代理人。最后,对于各种平权行动项目来说,一个更好的终点是当我们的社会在明确的规范性承诺和隐性偏见之间达成一致时,而不是一个武断的截止日期。通过对前沿社会认知研究的法律和政策影响的分析,作者摆脱了平权行动这个沉重的术语,而是提出了一个科学和规范的共同点,支持公平的措施。
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引用次数: 171
Labor Restructuring in China's Industrial Sector: Towards a Functioning Urban Labor Market 中国工业部门的劳动力结构调整:走向有效的城市劳动力市场
Pub Date : 2006-01-01 DOI: 10.2139/ssrn.873528
Xiao-yuan Dong, L. Xu
This paper examines the magnitude, patterns, and determinants of the labor restructuring process in China's industrial sector using a firm-level dataset for the period between 1998 and 2002. The results show that the SOE sector has undergone substantial labor retrenchment. The removal of employment guarantees for state workers has led to substantial employment shifts both within and between sectors. As compared to many countries in Central and Eastern Europe in the early phase of transition, China has experienced a more synchronized pace of job destruction and creation, as well as higher rates of excessive reallocation. Our results also show that the employment adjustment and downsizing process has been driven largely by market forces, i.e., the changes in sales, wages, and technology, and the need to correct labor misallocations created by the managed labor system, such as over-manning and skill-mismatching. We find a notable resemblance in the patterns of enterprises' response to demand shocks between the state and the private sectors. These findings have important implications to the timing and sequencing of public sector reforms.
本文利用1998 - 2002年的企业数据,研究了中国工业部门劳动力结构调整过程的规模、模式和决定因素。结果显示,国有企业已经经历了大规模的裁员。取消对国有企业工作人员的就业保障,导致了部门内部和部门之间的大量就业转移。与转型初期的许多中欧和东欧国家相比,中国经历了更为同步的就业岗位破坏和创造,以及更高的过度再分配率。我们的研究结果还表明,就业调整和裁员过程在很大程度上是由市场力量驱动的,即销售、工资和技术的变化,以及纠正管理劳动力制度造成的劳动力错配的需要,如人员过剩和技能不匹配。我们发现,国有企业和私营企业对需求冲击的反应模式有显著的相似之处。这些发现对公共部门改革的时机和顺序具有重要意义。
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引用次数: 15
Wage and Employment Effects of Immigration to Germany: Evidence from a Skill Group Approach 德国移民的工资和就业效应:来自技能组方法的证据
Pub Date : 2005-12-01 DOI: 10.2139/ssrn.870272
Holger Bonin
The paper analyzes the labor market impact of migration by exploiting variation in the labor supply of foreigners across groups of workers with the same level of education but different work experience. Estimates on the basis of German register data for the period 1975-97 do not confirm the hypothesis that penetration of migrants into skill cells has a significant negative effect on the earnings and employment opportunities of native men. The results indicate that a 10 percent rise of the share of immigrants in the workforce would in general reduce wages by less than one percent and not increase unemployment. Though the adverse effects appear stronger for less-qualified and older workers, the evidence altogether sharply contrasts that from a parallel study for the United States indicating a consistent and substantial negative impact of an immigrant labor supply shock on native competitors.
本文通过利用具有相同教育水平但不同工作经验的不同工人群体中外国人劳动力供给的差异来分析移民对劳动力市场的影响。根据1975- 1997年期间德国登记数据所作的估计并不能证实移民进入技能部门对当地男子的收入和就业机会产生重大负面影响的假设。研究结果表明,移民在劳动力中所占比例每增加10%,通常会使工资减少不到1%,而且不会增加失业率。尽管对资历较低和年龄较大的工人的不利影响似乎更大,但与美国的一项平行研究形成鲜明对比的证据表明,移民劳动力供应冲击对本土竞争对手产生了持续而实质性的负面影响。
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引用次数: 96
Fixed Term Employment Contracts in an Equilibrium Search Model 均衡搜索模型中的固定期限雇佣合同
Pub Date : 2005-11-01 DOI: 10.2139/ssrn.869437
F. Álvarez, Marcelo Veracierto
This paper analyzes the effects of fixed-term contracts using a version of the Lucas and Prescott island model with undirected search. A fixed-term contract of length J is modeled as a tax on separations of workers with tenure higher than J . While in principle these policies require a very large state space to analyze the firms and households' problems, we show that equilibrium allocations solve a simple dynamic programming problem. Analyzing this problem we show that equilibrium employment dynamics are characterized by two dimensional inaction sets. Finally, to understand the effect of these contracts, we compare them with two extreme cases: for J = 1 the fixed-term contracts are equivalent to the case of firing taxes, and for large J they are equivalent to the laissez-faire case. In a calibrated version of the model, we find that temporary contracts with J equivalent to three years length close about half of the gap between those two extremes.
本文利用卢卡斯和普雷斯科特岛模型的无向搜索分析了固定期限合同的影响。长度为J的固定期限合同被建模为对任期高于J的工人的离职征税。虽然原则上这些政策需要一个非常大的状态空间来分析企业和家庭的问题,但我们表明均衡分配解决了一个简单的动态规划问题。通过分析这一问题,我们发现均衡就业动力学具有二维不作为集的特征。最后,为了理解这些合同的效果,我们将它们与两个极端情况进行比较:对于J = 1,定期合同相当于解雇税收的情况,对于大J,它们相当于自由放任的情况。在该模型的一个校准版本中,我们发现,J相当于3年的临时合同可以弥补这两个极端之间的一半差距。
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引用次数: 7
The American Experience with Exclusive Representation: Implications for the Issue of Plural Unionism in South Korea 排他性代表的美国经验:对韩国多元工会主义问题的启示
Pub Date : 2005-10-24 DOI: 10.2139/SSRN.837406
K. Dau-Schmidt, Ryan Hamilton Vann
Although there is a wide diversity of labor laws among the industrialized democracies of the world, two common purposes behind these laws are the fostering of employees' right to collectively bargain and the promotion of industrial peace. Certainly these are shared purposes behind the laws of the United States and the Republic of Korea. The question of whether to determine employee representation through exclusive representation or plural unionism is a one that touches on both of these fundamental issues in the development of a system of industrial relations. Exclusive representation can improve a union's bargaining power relative to the employer, helping to ensure that the employees can make meaningful contributions to collective bargaining. Exclusive representation can also simplify the problem of collective bargaining, promoting cooperation between the parties by focusing the employer's attention on one set of employee representatives and discouraging strategic behavior by subsets of employees at the expense of overall cooperation. However, exclusive representation can also pose a barrier to employee organization, a problem that has plagued the American industrial relations system. Furthermore, lumping employees with disparate interests together in one unit with one representative can complicate the union politics of collective negotiations and leave minority interests unrepresented. Indeed, in the United States we have found it important and necessary that the grant of exclusive representation to a union be accompanied by a duty to fairly represent all employees in the designated bargaining unit. In this essay we will examine the policy choice between a system of industrial relations based on exclusive representation and one based on plural unionism. We undertake this examination by presenting the American law and experience with respect to exclusive representation, and discussing the relevance of that experience to the question of plural unionism. In the first section we discuss the American law with respect to exclusive representation, including a brief overview of our election procedure, the doctrine of the duty of fair representation and recent developments with respect to the recognition of minority unions and members only contracts in the United States. In the second section we discuss the American experience with exclusive representation and multiple units in one employer and the decline of the American labor movement. In the final section we discuss the implications of the American experience for the issue of plural unions in the Republic of Korea. The United States is an interesting case study on the question of exclusive representation or plural unionism because perhaps no other country has as formal a system for determining questions of representation or clings so closely to the exclusive representation model. On the other hand the United States also has ample experience with multiple unions within one employer. We conclude that th
虽然世界上工业化民主国家的劳动法各不相同,但这些法律背后的两个共同目的是促进雇员集体谈判的权利和促进工业和平。当然,这些是美国和大韩民国法律背后的共同目的。是通过排他性代表制还是多元工会制来决定雇员代表权的问题,涉及到劳资关系体系发展中的这两个基本问题。独家代表可以提高工会相对于雇主的议价能力,有助于确保雇员可以为集体谈判做出有意义的贡献。排他性代表也可以简化集体谈判的问题,通过将雇主的注意力集中在一组员工代表上,促进双方之间的合作,并以牺牲整体合作为代价,阻止员工子集的战略行为。然而,排他性代表权也会对员工组织构成障碍,这一问题一直困扰着美国的劳资关系制度。此外,将利益不同的员工集中在一个单位,由一名代表代表,可能会使集体谈判的工会政治复杂化,并使少数人的利益得不到代表。事实上,在美国,我们发现,在授予工会独家代表权的同时,公平代表指定谈判单位所有雇员的义务是重要和必要的。在本文中,我们将研究基于排他性代表制的劳资关系体系和基于多元工会主义的劳资关系体系之间的政策选择。我们通过介绍美国关于排他性代表制的法律和经验,并讨论这些经验与多元工会主义问题的相关性,来进行这项研究。在第一部分中,我们讨论了美国关于独家代表权的法律,包括对我们的选举程序的简要概述,公平代表权义务的原则,以及在美国承认少数工会和仅限成员的合同方面的最新发展。在第二部分中,我们讨论了美国的独家代表性和一个雇主的多个单位的经验以及美国劳工运动的衰落。在最后一节中,我们将讨论美国的经验对韩国多元婚姻问题的影响。在排他性代表制或多元工会主义问题上,美国是一个有趣的研究案例,因为也许没有其他国家有像美国这样正式的制度来确定代表制问题,或者与排他性代表制模式如此紧密地联系在一起。另一方面,美国在一个雇主内部存在多个工会方面也有丰富的经验。我们的结论是,韩国向单一渠道谈判的多元工会主义转变是明智的,尽管我们强调公平代表责任的重要性,工人在没有共同利益时可能需要通过多种渠道组织起来,以及让当事人决定如何进行集体谈判的可能性。
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引用次数: 0
The 2004 Global Labor Survey: Workplace Institutions and Practices Around the World 2004年全球劳工调查:世界各地的工作场所制度和实践
Pub Date : 2005-09-01 DOI: 10.3386/W11598
D. Chor, R. Freeman
The 2004 Global Labor Survey (GLS) is an Internet-based survey that seeks to measure de facto labor practices in countries around the world, covering issues such as freedom of association, the regulation of work contracts, employee benefits and the prevalence of collective bargaining. To find out about de facto practices, the GLS invited labor practitioners, ranging from union officials and activists to professors of labor law and industrial relations, to report on conditions in their country. Over 1,500 persons responded, which allowed us to create indices of practices in ten broad areas for 33 countries. The GLS' focus on de facto labor practices contrasts with recent studies of de jure labor regulations (Botero et al., 2004) and with more limited efforts to measure labor practices as part of surveys of economic freedom (Fraser Institute) and competitiveness (World Economic Forum). Although our pool of respondents differs greatly from the conservative foundations and business leaders who contribute respectively to the Fraser Institute and World Economic Forum reports, the GLS and the labor market components of the economic freedom and competitiveness measures give similar pictures of labor practices across countries. This similarity across respondents with different economic interests and ideological perspectives suggests that they are all reporting on labor market realities in a relatively unbiased way. As a broad summary statement, the GLS shows that practices favorable to workers are more prevalent in countries with high levels of income per capita; are associated with less income inequality; are unrelated to aggregate growth rates; but are modestly positively associated with unemployment.
2004年全球劳工调查(GLS)是一项基于互联网的调查,旨在衡量世界各国事实上的劳工做法,涵盖结社自由、工作合同监管、雇员福利和集体谈判的普遍程度等问题。为了了解实际情况,GLS邀请了劳工从业人员,从工会官员和活动人士到劳动法和劳资关系教授,报告他们国家的情况。超过1500人回应,这使我们能够在33个国家的10个广泛领域创建实践指数。GLS对事实劳动实践的关注与最近对法律劳动法规的研究(Botero等人,2004年)形成鲜明对比,并且在衡量劳动实践作为经济自由调查的一部分(弗雷泽研究所)和竞争力(世界经济论坛)方面的努力更为有限。尽管我们的调查对象与分别为弗雷泽研究所(Fraser Institute)和世界经济论坛(World Economic Forum)提供报告的保守基金会和商业领袖有很大不同,但全球劳工调查和经济自由与竞争力指标的劳动力市场组成部分给出了各国劳工实践的类似图景。具有不同经济利益和意识形态观点的受访者之间的这种相似性表明,他们都在以相对公正的方式报道劳动力市场现实。作为一个广泛的总结性声明,全球劳工调查显示,对工人有利的做法在人均收入水平高的国家更为普遍;与较小的收入不平等有关;与总增长率无关;但与失业率呈正相关。
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引用次数: 51
Core Labour Rights – The True Story (Reply to Alston) 核心劳工权利-真实故事(回复Alston)
Pub Date : 2005-06-01 DOI: 10.1093/EJIL/CHI124
Brian a. Langille
The concept of 'core labour rights' has, over the last decade or so, assumed a central role in debates about the role of international labour law in an integrated world economy. Some, including Philip Alston, see this development as a retreat from and a threat to the existing international labour law regime, especially the International Labour Organization's international labour code. On this view the new concentration upon core rights undermines the existing regime from within by narrowing its focus, weakening the legal status of the core rights, relegating the 'non-core' to a second-class status, watering down its 'enforcement' mechanisms, and so on. This view, while popular, is available only on a very narrow and conventional understanding of the purpose of international labour law. A better understanding is available which enables us to see core labour rights as conceptually coherent (and not politically arbitrary), morally salient (and not merely part of an empty neo-liberal conspiracy) and pragmatically vital to the achievement of our true goals, including the 'enforceability' of the 'non-core' (and not an undermining of the whole regime from within). This essay defends this second and positive account of core rights by reacting to Philip Alston's recent essay in this journal, which is taken as the most comprehensive and aggressive articulation of the 'anti-core rights' point of view.
在过去十年左右的时间里,“核心劳工权利”的概念在关于国际劳动法在一体化世界经济中的作用的辩论中发挥了核心作用。包括菲利普·奥尔斯顿在内的一些人认为,这种事态发展是对现有国际劳工法制度,特别是国际劳工组织的国际劳工法的退步和威胁。在这种观点下,对核心权利的新集中从内部破坏了现有制度,缩小了其关注范围,削弱了核心权利的法律地位,将“非核心”权利降至二等地位,淡化了其“执行”机制,等等。这种观点虽然很受欢迎,但只是基于对国际劳工法目的的非常狭隘和传统的理解。更好的理解可以使我们看到核心劳工权利在概念上是连贯的(而不是政治上武断的),在道德上是突出的(而不仅仅是空洞的新自由主义阴谋的一部分),对实现我们的真正目标至关重要,包括“非核心”的“可执行性”(而不是从内部破坏整个政权)。本文通过回应菲利普·奥尔斯顿(Philip Alston)最近在本刊上发表的一篇文章,捍卫了对核心权利的第二种积极解释,这篇文章被认为是对“反核心权利”观点最全面、最激进的阐述。
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引用次数: 86
The Benefits of Separating Early Retirees from the Unemployed: Simulation Results for Belgian Wage Earners 将提前退休人员与失业者分开的好处:比利时工薪阶层的模拟结果
Pub Date : 2005-04-01 DOI: 10.2139/ssrn.708187
Raphael Desmet, Alain Jousten, S. Perelman
The pool of early retirees is characterized by a large heterogeneity along several criteria. The present paper focuses on the key distinction between those in forced early retirement and those who retire early by individual choice. We start by estimating a retirement probit model for older workers in Belgium. Based on these estimates, we then perform micro-simulations relating to a hypothetical actuarial reform of a pension system, i.e., a reform imposing on average actuarial neutrality with respect to the time of retirement. We explore two scenarios, one where the entire population is subjected to the actuarial system, and one where a duly screened sub-sample of the unemployed is shielded against these actuarial adjustment factors, a group we call the truly unemployed. We evaluate the impact on the average retirement age, the pension budgets as well as indicators of redistribution within the group of the elderly. We find that the extra budgetary gain of exposing this subgroup to the full-blown reform is modest, while the distributional cost is rather high. Our results thus comfort the idea that the budgetary cost of a focused unemployment system are moderate, and that returning the unemployment insurance to its primary role might be a desirable strategy.
提前退休人员的特点是在几个标准上具有很大的异质性。本文的重点是强迫提前退休和个人选择提前退休之间的关键区别。我们首先估算比利时老年工人的退休概率模型。基于这些估计,我们随后对养老金制度的假设精算改革进行了微观模拟,即,对退休时间的平均精算中立性施加改革。我们探讨了两种情况,一种是整个人口都受到精算系统的影响,另一种是经过适当筛选的失业人口的子样本不受这些精算调整因素的影响,我们称之为真正的失业人口。我们评估了对平均退休年龄、养老金预算以及老年人群体内部再分配指标的影响。我们发现,将这一群体暴露于全面改革的额外预算收益是适度的,而分配成本却相当高。因此,我们的研究结果支持这样的观点,即集中失业制度的预算成本是适度的,使失业保险回归其主要作用可能是一个可取的策略。
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引用次数: 18
A Theory of the Worst Forms of Child Labour 最恶劣形式的童工劳动理论
Pub Date : 2005-01-01 DOI: 10.1111/J.1468-0297.2004.00960.X
Sylvain Dessy, St́ephane Pallage
Although intuitive and morally compelling, a ban on the worst forms of child labour in poor countries is unlikely to be welfare improving. We show that harmful forms of child labour have an economic role: by maintaining wages for child labour high enough, they allow human capital accumulation in poor countries. Unless appropriate mechanisms are designed to mitigate the decline in child labour wages caused by reduced employment options for children, a ban on harmful forms of child labour will likely prove undesirable. We perform our analysis within a simple model of parental investment in children's education.
尽管在直觉上和道德上令人信服,但在贫穷国家禁止最恶劣形式的童工不太可能改善福利。我们表明,有害形式的童工具有经济作用:通过将童工的工资维持在足够高的水平,它们允许贫穷国家的人力资本积累。除非设计适当的机制来减轻由于儿童就业选择减少而造成的童工工资下降,否则禁止有害形式的童工劳动可能是不可取的。我们在一个简单的父母在孩子教育上的投资模型中进行分析。
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引用次数: 108
Immigration and the Survival of the Welfare State 移民与福利国家的生存
Pub Date : 2004-12-01 DOI: 10.2139/ssrn.849506
Francesc Ortega
This paper analyzes the political sustainability of the welfare state in a model where immigration policy is also endogenous. In the model, the skills of the native population are affected by immigration and skill accumulation. Moreover, immigrants affect future policies, once they gain the right to vote. The main finding is that the long-run survival of redistributive policies is linked to an immigration policy specifying both skill and quantity restrictions. In particular, in steady state the unskilled majority admits a limited inflow of unskilled immigrants in order to offset growth in the fraction of skilled voters and maintain a high degree of income redistribution. Interestingly, equilibrium immigration policy shifts from unrestricted skilled immigration, when the country is skill-scarce, to restricted unskilled immigration, as the fraction of native skilled workers increases. The analysis also suggests a new set of variables that may help explain international differences in immigration restrictions.
本文在移民政策内生的模型中分析了福利国家的政治可持续性。在该模型中,本地人口的技能受到移民和技能积累的影响。此外,移民一旦获得投票权,就会影响未来的政策。研究的主要发现是,再分配政策的长期生存与明确规定技能和数量限制的移民政策有关。特别是,在稳定状态下,非熟练的多数人承认有限的非熟练移民流入,以抵消熟练选民比例的增长,并保持高度的收入再分配。有趣的是,均衡移民政策从无限制的技术移民(当一个国家技术稀缺时)转变为限制非技术移民(当本地技术工人的比例增加时)。该分析还提出了一组新的变量,可能有助于解释各国在移民限制方面的差异。
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引用次数: 11
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