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1.

Objectives

This paper tests the economic theory of criminal behavior. Specifically, it looks at “the carrot” side of the theory, studying how thieves react to changes in monetary gains from crime.

Methods

Using a unique crime-level dataset on metal theft in the Czech Republic, we study thieves’ behavior in a simple regression framework. We argue that variation in metal prices represents a quasi-experimental variation in gains from crime. It is because (1) people steal copper and other nonferrous metals only to sell them to scrapyard and (2) prices at scrapyards are set by the world market. This facilitates causal interpretation of our regression estimates.

Results

We find that a 1% increase (decrease) in the re-sale price causes metal thefts to increase (decrease) by 1–1.5%. We show that the relationship between prices and thefts is very robust. Moreover, we find that thieves’ responses to price shocks are rapid and consistent.

Conclusion

Our results are in line with the economic model of crime, wherein criminal behavior is modeled as a rational agent’s decision driven by the costs and benefits of undertaking criminal activities. Our estimates are also consistent with recent results from the United Kingdom, suggesting these patterns are more general.
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2.
This work attempts to understand whether it is possible to talk about the emergence of specific recurring linguistic patterns in UN resolutions, used as a political strategy. The paper presents a comparative analysis between a corpus of resolutions related to the Second Gulf War and to the 2011 North Korean nuclear crisis, focussing on ethic adjectives and preambulatory and operative phrases used in these resolutions. It is attempted to show how vague and weak expressions can be used either to lead to intentionally biased interpretations of the law as was supposed in the Iraqi case, or to mitigate international tensions, though maintaining a firm position against international threats, as supposed for North Korea.  相似文献   

3.
4.
This report reviews technology transfer in light of the Stevenson-Wydler Technology Innovation Act of 1980. Following a brief introduction, a section on “Definitions” explains the several meanings that the phrase “technology transfer” now carries in policy discussions. The next section, on “Passive Technology Transfer”, reviews traditional Department of Defense scientific and technical information programs that relate to technology transfer. A section on “Military Industrial Transfer” examines technology transfer from the Defense Department to private industry, expecially to defense contractors. A section on “The Stevenson-Wydler Act and Active Technology Transfer” describes the principal provisions of the new act and why Congress passed it. The next two sections, on “NASA’s Technology Transfer Program” and “The Federal Laboratory Consortium” outline the two existing Government programs Congress relied upon in developing ideas for the new law. A section on “Implementation of the Stevenson-Wydler Act”, discusses several important issues that must be considered by Navy laboratory management as the new law is put into effect in the Navy. Finally, a brief conclusion emphasizes the major point of the report: That Congress, in passing the Stevenson-Wydler Act, did not fully consider what relationship the new technology transfer programs it was requiring in the Executive Branch should bear to existing programs with similar purposes. If the public interest is to be served, the report argues, the Navy must consciously and carefully determine the proper nature of this relationship.  相似文献   

5.
Presupposition is the semantic-pragmatic phenomenon whereby a statement contains an implicit precondition that must be taken for granted (presupposed) for that statement to be felicitous. This article discusses the role of presupposition in legislative texts, using examples from Swiss constitutional and administrative law. It illustrates (a) how presuppositions are triggered in these texts and (b) what functions they come to serve, placing special emphasis on their constitutive power. It also demonstrates (c) how legislative drafters can distinguish between “good” presuppositions and “bad” presuppositions by weighing their main advantage, conciseness, against their main flaw, reduced transparency. The present study argues that, if employed carefully, presuppositions can be a useful stylistic means to keep legislative texts free from unnecessary clutter that merely elaborates on the obvious; however, it also suggests that, if applied wrongly, presuppositions can camouflage the duties and obligations placed on the subjects of a law and thus impede its accessibility and its efficient and effective implementation.  相似文献   

6.
In this review essay, I offer reflections on three themes. I begin by exploring Alejandro Chehtman’s expressed methodological commitments. I argue that his views move him closer to Lon Fuller and away from the thin accounts offered by HLA Hart and Joseph Raz. Moreover, to make sense of his views, he must offer a more normatively robust theory of law. Second, I turn to his use of Raz’s theory of authority. I argue that Chehtman fails to distinguish between Raz’s views and his own, but more importantly, I maintain that his discussion of Raz is superfluous: in the course of “unpacking” Raz’s views, he leads us back to his own core theses. Finally, I explore Chehtman’s ability to deal with perennial worries that plague any attempt to offer a justification for International Criminal Law in general, and the International Criminal Court in particular (i.e., “victor’s justice”, “show trials”, “peace vs. justice”). I argue that unless Chehtman is able to demonstrate that the enforcement of International Criminal Law is able to impart dignity and security on the most vulnerable, his account will be significantly weakened.  相似文献   

7.
This article studies the decline of a long‐standing mafia known as thieves‐in‐law in the post‐Soviet republic of Georgia. In 2005 an anti‐mafia campaign began which employed laws directly targeting the thieves‐in‐law. Within a year, all Georgia's thieves‐in‐law were in prison or had fled the country. This article looks at the success of the policy by investigating how Georgia's volatile socio‐economic environment in the 1990s affected the resilience of the thieves‐in‐law to state attack. The article presents data showing that the chaos of this period impacted on the ability of thieves‐in‐law to coordinate activities, regulate recruitment, and protect their main collective resource—their elite criminal status. Due to this, the reputation of the thieves‐in‐law as a mafia drastically declined creating vulnerability. The article adds to the literature on resilience in criminal networks and the study of organized crime in the post‐Soviet space.  相似文献   

8.
The NASA Technology Transfer Program has taken on a variety of roles during the past twenty years. This paper briefly reviews these roles. It presents then several organized approaches that could be adopted to maximize the cost/benefit of technology transfer from NASA to the private sector.  相似文献   

9.
This paper critically assesses the compatibility of s3 Digital Economy Act 2010 (DEA) with Article 8 of the European Convention on Human Rights (1950) (ECHR). The analysis draws on Ofcom’s Initial Obligations and two UK cases, namely: British Telecommunications Plc & Anor, R (on the application of) v The Secretary of State for Business, Innovation and Skills,11 British Telecommunications Plc & Anor, R (on the application of) v The Secretary of State for Business, Innovation and Skills [2011] EWHC 1021 (Admin).View all notes and R (British Telecommunications plc and TalkTalk Telecom Group plc) v Secretary of State for Culture, Olympics, Media and Sport and others.22 R (British Telecommunications plc and TalkTalk Telecom Group plc) v Secretary of State for Culture, Olympics, Media and Sport and others [2012] EWCA Civ 232.View all notes It argues that the implementation of this obligation allows directed surveillance of subscribers’ activities without legal authorisation under the Regulation of Investigatory Powers Act 2000 (RIPA). It also analyses compliance with the Strasbourg Court’s three-part, non-cumulative test, to determine whether s3 of the DEA is, firstly, ‘in accordance with the law’; secondly, pursues one or more legitimate aims contained within Article 8(2) of the Convention; and thirdly, is ‘necessary’ and ‘proportionate’. It concludes that unless the implementation of s3 of the DEA required the involvement of State authorities and was specifically targeted at serious, commercial scale online copyright infringement cases it could infringe part one and part three of the ECtHR’s test, thereby violating subscribers’ Article 8 ECHR rights.  相似文献   

10.
How does arms availability affect armed conflict? What implications does increased arms availability have for the organisation of armed groups involved in war against the state? This article explores these questions by looking into the civil war in Libya and the subsequent proliferation of weapons in the broader Sahel/North Africa region. Its argument is based on secondary sources: online databases, international organisations reports and news media. First, we examine the question of firearms in Libya in order to understand how changing conditions of weapons availability affected the formation of armed groups during different phases of war hostilities (February–October 2011). We highlight that, as weapons became more readily available to fighters in the field during this period, a process of fragmentation occurred, hindering efforts to build mechanisms that would allow control of the direction of the revolutionary armed movement. Next, as security continued to be a primary challenge in the new Libya, we consider the way in which unaccountable firearms and light weapons have affected the post-war landscape in the period from October 2011 to the end of 2013. Finally, we put the regional and international dimensions under scrutiny, and consider how the proliferation of weapons to nearby insurgencies and armed groups has raised major concern among Libya’s neighbours. Short of establishing any causal relationship stricto sensu, we underscore the ways in which weapons from Libya have rekindled or altered local conflicts, creating permissive conditions for new tactical options, and accelerating splintering processes within armed movements in the Sahara-Sahel region.  相似文献   

11.
The European Stability Mechanism (ESM) is the rescue fund that may grant loans to struggling euro zone governments by issuing bonds, collectively by the euro zone members. The implementation of the ESM spawned a lot of legal challenges brought to higher judicial authority in Ireland, Austria, Estonia, Germany and Poland. In the fall of 2012 the ESM was subject to legal analysis in the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Delivering much anticipated rulings in legal challenges to the legal provisions establishing the ESM, courts avoided upsetting the complex arrangements in question by producing legal decision of direct political import and letting EU bailout measures go forward. In looking over different critical responses, we have seen an argument raised by media and legal scholars, according to which courts’ capitulation before the power of financial markets in the EMS rulings represents “a sign of judicial crisis” that marks the weakness of modern European jurisprudence. In light of their importance, we undertake a preliminary semiotic analysis of the ESM rulings of the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Our analysis aims at discerning the crucial aspects of those rulings is performed on the basis of different semiotic methodologies combined with the refined ideas of the Scandinavian analytical school of the doctrinal study of law. In traditional legal studies there seems to be a taken for granted assumption that there is one analytical way to dissect judicial reasoning of the supreme courts. This paper argues that the manner of analyzing the constitutional reasoning needs to be congruent with the particular research methodology.  相似文献   

12.
Judicial independence is generally accepted as a key component of the rule of law. It empowers judges to make unbiased decisions without concern for political repercussions. In countries governed by an unconstitutional, unlawful or corrupt regime, such as Zimbabwe,2 International Bar Association Human Rights Institute, Zimbabwe: Report Highlighting the Critical Situation Faced by Judges and Lawyers in Zimbabwe (2001). View all notes Swaziland,3 International Bar Association Human Rights Institute, Swaziland: Law, Custom and Politics – Constitutional Crisis and the Breakdown in the Rule of Law (2003). View all notes Pakistan4 International Crisis Group, Building Judicial Independence in Pakistan (9 November 2004). Available at: www.crisigroup.org/home/index.cfm?1=1&id=3100, accessed 1 February 2010. View all notes and Fiji,5 International Bar Association Human Rights Institute, Dire Straits: A Report on the Rule of Law in Fiji (2009). View all notes that independence, and in turn the rule of law, is threatened. More particularly, acceptance of judicial office in an unlawful regime could be regarded as making an implicit bargain with the government to recognise its validity.6 See, in relation to Fiji, Chief Justice R. French, Judges in Fiji face ‘interim’ problem, The Australian (Sydney), 2 May 2008. View all notes

This article begins with a discussion of the importance of judicial independence, both from a national and an international perspective. It then examines the standards of judicial integrity and some of the factors that impact upon independence, including appointment and tenure, and the less obvious influence of jurisdiction. The article then moves on to consider the issues arising from acceptance of judicial office in an illegal regime in the context of Fiji, where lawyers and judicial officers have recently been forced to decide whether or not to accept appointment in a regime with an unelected government. After outlining the background to the latest events in Fiji, the article examines the competing considerations and ethical dilemmas involved in deciding whether to accept judicial appointment in an illegal regime. It then goes on to consider the possible repercussions of accepting such appointment from both a disciplinary and criminal perspective.  相似文献   


13.

Unprecedented and dramatic increases in crime rates in countries of Eastern Europe (data are available to document the increases for Poland, Bulgaria, Romania, the Czech Republic, Slovakia, and many of the former Soviet Republics) raise the issue of whether the political and social transformations that have been taking place in Eastern Europe must inevitably lead to social disruption and resulting crime increases. Since the nature of the phenomenon is historically unique (there has never been a similar revolutionary transition from socialism to capitalism), a new, unconventional, and innovative theoretical approach is needed to account for the phenomena being discussed here. Assuming that the transformations can be legitimately subsumed under the concept of ‘‘socio‐political process,’’ the purpose of the paper is to identify some basic and inherent characteristic features of the causal mechanism at work, specifically —?''How do the dynamics of the Eastern European socio‐political process explain the rising crime rates?'’ (''What causal factors inherent in the dynamics are responsible for the crime rises?'') Another issue to be examined is that because of the unprecedented nature of the process being talked about here, a different dimension of the socio‐political process theory must be realized and examined. The paper will be based on three hypotheses: 1. The Eastern European transformations imply a need for a new component of the socio‐political process theory (transition from socialism to capitalism, not vice versa as has historically been the case).

2. To the extent that crime is a product of socio‐political change, crime rates are bound to increase much more during a socialism‐to‐capitalism transition rather than during a capitalism‐to‐socialism transition.

3. Some inherent traits of socialism‐to‐capitalism transitions explain why crime rates increase much more during those transitions than during capitalism‐to‐socialism ones.

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14.

Objectives

The paper explores the effects of electronic monitoring (EM) on young offenders’ educational outcomes and contributes to the evaluation of EM as a non-custodial sanction with a new outcome measure.

Methods

The study is based on a natural experiment exploiting a reform in Denmark in 2006 introducing electronic monitoring to all offenders under the age of 25 with a maximum prison sentence of 3 months. Information on program participation is used to estimate instrument variable models in order to assess the causal effects of EM on young offenders’ educational outcomes. The empirical analyses are based on a comprehensive longitudinal dataset (n = 1013) constructed from multiple official administrative registers and including a high number of covariates.

Results

The EM-program increases the completion rates of upper secondary education by 18 % points among program participants 3 years post-release. The EM-program includes house arrest under electronic surveillance, labor market or education participation, unannounced drug and alcohol tests and a crime preventive program. It is not possible to separate the treatment effects of the different program elements in the empirical analyses.
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15.
The role of an individual known as a ‘linker’ is examined and the similarities between his role and those of ‘gatekeeper’, ‘opinion leader’, and ‘innovator’ are discussed in detail. Not only are the similarities among these roles pointed out but also the unique characteristics of the ‘linker’ are clarified. A Linker Model for Technology Transfer is presented showing the value of a ‘linker’ to the parent and users organizations. Managerial endeavors to understand and promote technology transfer can be facilitated by the in-depth research presented.  相似文献   

16.
First developed by human rights lawyers and activists, transitional justice emerged from the so-called third wave of democratisations in Latin America. Over the last 30 years, transitional justice has risen to become a ‘global project’ of global governance. Locating the emergence of transitional justice within the global rise of neoliberalism, this article shows that transitional justice serves an important function in regards to the particularly neoliberal contours of many transitions. Understanding this relation, the article argues, is best served with recourse to what Wendy Brown describes as neoliberalism’s practice of omnus et singulatim, a double process through which ‘communities’ are gathered together as stakeholders to take part in economic activities whilst simultaneously being individualised as ‘responsibilised’ and self-sufficient entrepreneurial units. Taking this concept, I argue that transitional justice also undertakes a process of omnus et singulatim that usefully prefigures and supports processes of neoliberalisation during ‘transition’. Transitional justice, it concludes, does the necessary work of bringing conflictual, traumatised, societies back together, whilst doing so on terms that do not threaten but instead prefigure the individualising demands made upon subjects at the sites of neoliberal transition.  相似文献   

17.
18.
Singapore was brought to the world's attention in the spring of 1994, when it sentenced Michael Fay to six lashes with a cane. Many debated the issues presented by that case and there were many half‐truths released about Singapore and the eighteen year old male from Ohio. This research does not raise the issues of caning or corporal punishment. Rather, the research was done to explore ‘'Justice in Singapore'’ and how its system of justice really operates.

More specifically, this research will focus on this city‐state consisting of many divergent peoples, races, cultures, languages, and its thriving economy. The major part of the research focuses on crime related matters. The research compares U.S. and Singapore crime rates, and has found the overall U.S. rates to be 200% to 380% higher in the 1980s. Violent crime rates for ten years were also compared, and the U.S. rates range from 749% to 1,405% higher than Singapore. The paper also examines the ‘'drug problem'’ in Singapore and its response to it.

The last section of this paper explores why there is generally very strong support for police in Singapore (little corruption and few acts of police brutality). The court structure was also explored and an analysis has been done on how it functions. Lastly, the prison system is examined and its operations are presented. Justice in Singapore works very well, but it is also very different from other nations of the world.  相似文献   


19.
The Technology Transfer issue has aroused much controversy in the last two decades among management researchers. This paper attempts to discuss the problems of Technology Transfer, the debate on this issue and some of the theories concerned. It also presents a suggested theoretical framework to assist the LDCs in determining need for, and receiving of, new technology.  相似文献   

20.
We report results from pre-testing an Europe-wide Survey on Violence against Women. A questionnaire on women’s experiences of stalking, harassment, psychological, physical, and sexual violence by non-, ex-, and current partners was tested on 10 known victims of violence in intimate relations and 20 randomly selected women. Multiple Correspondence Analysis uncovered two profiles of victimization: women poly-victimized in multiple life ambits and women distinctly victimized in only some of them. Known-victims of intimate partner’s violence (IPV) were more likely to be poly-victimized than randomly selected women. Heterogeneity in women’s socio-economic conditions could only partly account for IPV’s over-representation among poly-victimized women. This gave more credence to an interpretation that highlights the role played by previous traumatic experiences of victimization on re-victimization.  相似文献   

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