商代婚姻观念、制度与古代东西方各国婚姻观念、制度异同考析

中国商代与古代的印度、希腊、罗马的婚姻观均是承继嗣、承祭祀 ,然而婚姻制度却大相径庭 ,前者实行一夫多妻制而后者多为一夫一妻制。造成制度不同的原因有两个方面 ,即宗教的影响和政治的影响。     

Polygamy In Family Court: A Resource For Judges Dealing With An Unfamiliar Family Structure

Cases concerning polygamous households can present difficult challenges for family courts. Though a growing number of Americans practice polygamy, the lifestyle still remains shrouded in mystery. Many polygamists are religious (and sometimes racial) minorities that have suffered from discrimination. The most influential judicial precedents concerning polygamy come from the nineteenth century and are tinged with religious and racial stereotypes, which can make judges uncomfortable with citing those decisions. There is a need for reliable, unprejudiced, and up‐to‐date information about polygamy that judges can cite while maintaining an image of objectivity and impartiality. This Article seeks to provide that resource. It provides information about the evolutionary influences that shape polygamy, how polygamy is practiced in the modern world, and common problems affecting polygamous households that judges should be aware of.     

北极航道通行中环保限制问题的法律思考

北极航道的开辟使北极航道通行和环境保护的关系成为关注的热点。北极各国复杂的利益争议以及国际统一法律规范的缺失使北极航道沿岸国以环保为由对通行进行限制成为可能。基于此,通过梳理现有的法律治理模式、考量沿岸国进行环境限制的可能模式并进行法律分析,为解决上述问题提供思路。同时建议中国在《极地规则》的制定中强调环保措施与通行权利的平衡,反对北极航道沿岸国以环保为由限制合法的通行要求,反对沿岸国寻求超出《联合国海洋法公约》规定之外的利益。     

Precariousness or prosperity? The diverse faces of widowhood in rural Buenos Aires during the nineteenth century

In this article, I will explore the resources and capacities women could mobilize in the countryside of Buenos Aires at the beginning of the nineteenth century when they had to confront the domestic crisis triggered by their husbands’ death. It is of course essential to study the foreseeable options (taking over the helm of the family farm, seeking refuge with relatives, or quickly remarrying) they had and the role played by what are commonly considered as crucial resources (family composition, patrimony, and networks). This study nevertheless seeks to identify other factors (notably the legal framework, patterns of colonization, and widows’ own know-how and experiences as farmers and settlers) that bring to light the specificity of widowhood in rural Buenos Aires during this period. As a consequence, the juridical aspects of inheritance proceedings and the concrete practices they reveal will be analyzed before I examine the wide social spectrum (namely the inhabitants of San Antonio de Areco, La Matanza, Quilmes, and San Vicente, four areas of rural Buenos Aires) registered by the censuses of 1813 and 1815.     

Reading for Law and the State: Theaters of Problematization and Authority

Constructing a particular nation, that of early modern England, is seen here as a series of theatrical performances. Shakespeare’s work is taken as a series of thought experiments. Some, like The Merchant of Venice, are reassuring that threatening circumstances and innovatory social practices are capable of being overcome or assimilated from the unknown to the known. Some, like King Lear and Hamlet, ponder the consequences of a failure to discover a resolution. Some writers have argued that England was historically quite early in beginning to conceive of itself as a nation, rather than as a population of possibly heterogeneous regions subject to a dynasty, a state of affairs summarized in the by now clichéd remark attributed to the Sun King, “L’Etat, c’est moi”. For Shakespeare, if not for all of his contemporaries, the Englishman is a bit slow-witted, owing to his fondness for beef and red wine, but he is distinguishable from others and provides material for the second pieces of theater I look at. If there could be an Englishman, his experience with the absolutist pretensions of the Stuart monarchy allowed there to be a free-born Englishman (and, actually, Englishwoman). The two crucial battles of the English civil war, Marston Moor and Naseby, followed by the Army Debates of 1647–1649 form the stage for an at least aspiring egalitarianism we now know as the rights of man, or the rights of the civic person.

迁徙自由与户政管理非治安化

迁徙自由权是公民的基本人权 ,市场经济须由没有身份界限的具有平等主体性的公民的自治参与。禁止迁徙自由 ,实行城乡分割政策 ,是社会整合与发展的一大障碍。我国立法确认迁徙自由权的条件已经成熟。国家的户政不宜再作为治安问题由公安机关管理 ,可由民政部门管理。废除城镇户口与农村户口的区分。公民迁徙不再实行户口迁移审批制而实行登记制。     

Merger—the name of the FE game

In the Australian legal environment today the overwhelming importance of laws made by Parliament is obvious, yet many first year law programmes pay insufficient attention to the coordinated teaching of statutory interpretation (SI). This project formed part of a collaborative initiative between an educational developer and the coordinator of legal research methods (LRM) to introduce statutory interpretation into a first year unit of study. Our study used a qualitative research framework – a questionnaire was administered to students at two intervals throughout the first semester. In Week 3, 160 students participated in the questionnaire and at Week 4, a keystone module on statutory interpretation using a building block approach was introduced in LRM. Since the nature of assessment in LRM is largely reflection, this unit lent itself well to investigating the language and literacy challenges of statutory interpretation, in particular, to students monitoring their own progress in this regard. The overall aim of the project was to establish a framework for students to build on their knowledge and understanding of statutory interpretation throughout their undergraduate studies, and in the interests of improved learning and teaching outcomes, for staff to be able to document the changes in student thinking. This paper focuses on the preliminary stage of our investigation into the language and literacy challenges involved in introducing statutory interpretation into a first year unit of study.

I know of only one authority which might justify the suggested method of construction. “When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean, neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master – that’s all.”

(Alice Through the Looking Glass, c. vi.)

After all this long discussion, the question is whether the words “If a man has” can mean “If a man thinks he has.” I am of opinion that they cannot, and that the case should be decided accordingly.

(Lord Atkin in Liversidge v Anderson [1942] AC 206)     

对我国合作网络预警系统的思考

合作治理作为治理理论的一种研究途径,强调公共管理的多主体参与。当前我国经济社会发展中存在的风险因素使突发公共事件预警工作有必要引入合作治理理念,构建全新的“合作网络预警”系统。     

大鼠早期心肌缺血纤维蛋白原与肌红蛋白的免疫组织化学对比性研究

按Selye法结扎Wistar大鼠冠状动脉左前降支，复制早期心肌缺血（EMI）模型。根据心肌缺血不同时间（15min、30min、1h、2h、3h）分5个实验组，另设1个对照组；每组取心尖部及其邻近的心肌组织制成石蜡切片，进行HE、链霉系合素生物素过氧化物酶（SAB）染色。结果表明：早期心肌缺血30min组，缺血区心肌即出现肌红蛋白（Mb）缺失和纤维蛋白原（Fg）染色增强。随着缺血时间延长，Mb缺失或Fg染色增强范围扩大，程度加重，从心内膜下向外层心肌发展呈“波浪式推进现象”，二者在心肌缺血过程中的变化规律相同，灵敏度相似，但Fg易受血液污染而致其可靠性较Mb差。在注意血液污染的前提下，SABC－Fg技术为诊断EMI提供了新的途径。     

中国在北极的国际海洋法律下的权利分析

面对北极争夺的升温,首先论述了在《联合国海洋法公约》《斯瓦尔巴德条约》以及国际海事组织相关公约等现有国际法律体系及机制下,中国在北极海域所享有的国际法权利;然后从政治和法律两个角度,提出了中国参与北极事务以争取获得更多海洋法权利的途经。