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Volume #14, Number #1

Published in June, 2010

In recent years, the U.S. Supreme Court’s treatment of commercial
speech has undergone transformations, from total non-protection under
the First Amendment to less protection or even to qualified protection.
However, why is commercial speech entitled to only less protection? The
transformations indicate that commercial speech may not be less valuable
than political speech according to truth or individual rationale but not
democratic rationale. Even though the Court has not been unanimous on
the issue, there are plenty of important precedents and studies in the U.S.
Despite significant alterations in judicial outcomes in recent years, certain
aspects of commercial speech may be much the same as before, and the
theoretical justification for this deferential approach has thus far not been
clearly spelled out. Compared with that, Judicial Yuan interpretations and
academic discussions on commercial speech are still limited in Taiwan.
This paper will sum up the main treatments of the Courts and review the
main claims and viewpoints of that topic in both countries.

Weber H. W. Lai

Voters are nested in electoral districts and are therefore often affected
by the macro-level characteristics of the districts. By incorporating both the
individual-level and district-level variables, we construct a two-level model
to analyze voters’ voting choices on the single-member-district ballot in the
2008 legislative election. We find that indeed some theoretically important
variables at both levels play significant roles in voters’ decisions. At the
micro level, we confirm that candidate evaluation, party identification,
political generation, ethnic origin, as well as ethnic identity are significant
factors. Furthermore, the evaluation of the then President Chen Shuibian’s
performance also figures significantly; that is, the more negative
the evaluation is, the less likely it is for a voter to vote for the DPP
candidate. This finding fits the expectations from the referendum voting
and retrospective voting theories. At the district level, on the other hand,
we also find that regardless of whether the candidate is an incumbent
legislature, whether the candidate’s party affiliation coincides with that of
the county magistrate/city mayor, the unemployment rate in the area, as
well as the percentage of population in the farming and fishery industries
also affect voters’ choices. In particular, we find that in the 2008 legislature
election voters in districts with a higher percentage of population in the
farming and fishery industries were more likely to vote for the KMT
candidates. This may indicate that the KMT has more or less maintained its
mobilization capability through local networks in rural areas.

Yi-ching Hsiao, Chi Huang

Contrary relations between utility and beauty are conceived by Han
Fei: one is that the two are incompatible and utility should take the place of
beauty, while the other has to do with redefining beauty in light of utility,
and thus not only making the two compatible, but also having the former
provide support to the latter. How these contrasting relations between
utility and beauty constitute a major portion of his political philosophy is
the concern of this study.
Han Fei’s political philosophy rests on, among other things, what
Tocqueville called individualism, or the pursuit of utility in a small or
intimate group. Since he did not believe that common folk could envision
the abstract entity of a society or nation, laws were necessary to extend
human economic rationality so that people would always regard common
welfare as being in their best private interests.
The greater utility or common welfare will, however, be hindered if
people are diverted toward beautiful things, hence Han Fei’s condemnation
of the beautiful. As far as moral things are beautiful, he condemns what can
be properly be referred to as social aesthetics. Yet, despite the hostility, he
still accommodates aesthetics when he sees the possibility of bringing it to
the service of the state. That would be state aesthetics, i.e., the doctrine that
all values and instruments installed by the state are beautiful.

Kang Chan

Whether people identify themselves as Taiwanese or Chinese has been
an issue of importance since the beginning of democratization in Taiwan.
This article explores whether the strength-of-association statistic between
education and self-identity among Taiwanese people has changed over
the past 15 years during which Taiwan has undergone substantial political
and social change. If the statistic did change during this time period, it is
necessary to further clarify which factors contributed to this change. The
analysis of survey data collected between 1992 and 2007 shows that the
strength-of-association between education and self-identity has steadily
weakened among the young cohorts and the mainlanders. Furthermore,
the variation in the strength of association between education and selfidentity
has been accounted for by the diminished functions of political
indoctrination in formal education as well as by the varied dispersion of the
two variables, namely, “education” and “self-identity”, over time.

Kuang-hui Chen, Chi-lin Tsai

In a democracy that features elections as the main mechanism
for its representative government, the interests and values of minority,
disadvantaged and non-mainstream groups in the pluralistic society
can never be fully pursued and reflected. On the other hand, under the
increasing influence of globalization, the importance and jurisdiction scope
of the agencies which are capitalist in nature inside the executive branch
have specifically crowded out other socially functioning agencies which
aim to mainly serve minority, disadvantaged and non-mainstream groups.
Thus, doubly confined by the representational deficit of representative
government and the institutional imbalance of the executive branch, the
notion and theory of representative bureaucracy has been brought forth
into the contemporary study of public administration. It also facilitates
the representation of various branches in terms of race, ethnic groups and
gender via the personnel composition of bureaucracy. These efforts are to
protect minority, disadvantaged and non-mainstream groups so as to ensure
the core values of democracy. Furthermore, in regard to the protection
of ethnic groups, a modern government shall further institutionalize
representative bureaucracy by establishing representative agencies for
respective ethnic groups in order to ensure their respective interests and
values. However, to avoid bureaucratic partiality and better justify the
representative agencies for ethnic groups, this article further analyzes the
development course of citizenship and the related ideological background
of cultural citizenship. This article then focuses on the functions of representative agencies for ethnic groups in Taiwan in order to explore
the features of the representative agencies for ethnic groups while looking
at Taiwan’s historic development course and social-political context. In
conclusion, this article proposes relevant policy recommendations with a
culturally competent public administration in mind for the executive branch
in order to protect the interests and values of ethnic groups, and foster
harmonious relationships among various ethnic groups.

Way Sun