Is the Constitution the Trap? Decryption and Revolution in Chile

Law and Critique - We will examine the revolts, begun in October of 2019, and currently developing in Chile under three conjoined parts. First, we will not try to theoretically ‘tame’...     

Crime and punishment in the soviet union and the united states: 1986–19901

A relatively recent development in the comparative criminology literature concerns cross‐national comparisons of criminal sentencing practices (e.g., Lynch, 1993). While there are now several studies comparing sentencing practices and lengths, there is a particular shortage of studies that examine the disposition of serious criminal cases through several stages of the criminal justice process. Specifically, there is a shortage of information concerning this issue in Russia and the former Soviet Union. To address this limitation, we present data on the police and court disposition of violent criminal cases in the former Soviet Union during the period of 1986 to 1990. For comparative purposes, comparable data from recent studies of criminal case dispositions in the United States are presented. Implications of the findings are discussed.     

The Role of Fear (Bhaya) in the Nikāyas and in the Abhidhamma

According to Buddhist soteriology, fear is a direct cause of suffering and one of the main obstacles in the path to liberation. Pāli Suttas and Abhidhamma present a number of sophisticated strategies to deal with fear and to overcome it. Nevertheless, in the Nikāyas and in the Abhidhamma there are also consistent instructions about implementing fear in meditative practices and considering it as a valuable ally in the pursuit of nibbāna By means of a lexicographical study of selected passages and especially of two compounds (bhayūparata and abhayūparata), this paper demonstrates that fear may have the crucial function of stimulating the meditator: through reiterated admonishments and reflections that evoke a feeling of dread, the meditator gets weary of unwholesome patterns and is prompted to put effort in his/her own practice. Evidence proves that this set of instructions is ultimately consistent with the several teachings that emphasize the importance of counteracting fear and fostering fearlessness, which is described as a quality of liberation as well as an attitude to be cultivated. In fact, a close analysis of the dynamics involved in bhaya (fear) and abhaya (fearlessness) as graphically depicted in the Nikāyas and in the Abhidhamma texts, reveals that stirring fear and letting go of fear are two essential steps of the same process.     

Euthanasia in the new born： doubts and interrogations

The debates on euthanasia are quite common nowadays, but few refer to euthanasia in newborns. But the day-to-day medical activities pose a lot of questions about the medical treatments of premature or newborn infants （with severe malformations which were not detected during pregnancy）. What is the criminal liability of the doctor in case of omission of treatment in newborns with severe birth defects？ The work will focus on an analysis of crimes of abortion, the omission of medical treatment and murder and injuries. At last I will try to identify the main trends to find a solution to the different situations-such as injury of the fetus in utero, the omission of treatment of newborns with severe malformations and the omission of basic health care of infants with minor malformations.     

Moore��s Moral Facts and the Gap in the Retributive Theory

The purely retributive moral justification of punishment has a gap at its centre. It fails to explain why the offender should not be protected from punishment by the intuitively powerful moral idea that afflicting another person (other than to avoid a greater harm) is always wrong. Attempts to close the gap have taken several different forms, and only one is discussed in this paper. This is the attempt to push aside the ‘protecting’ intuition, using some more powerful intuition specially invoked by the situations to which criminal justice is addressed. In one aspect of his complex defence of pure retributivism, Michael S. Moore attempts to show that the emotions of well-adjusted persons provide evidence of moral facts which justify the affliction of culpable wrongdoers in retribution for their wrongdoing. In particular, he appeals to the evidential significance of emotions aroused by especially heinous crimes, including the punishment-seeking guilt of the offender who truly confronts the reality of his immoral act. The paper argues that Moore fails to vindicate this appeal to moral realism, and thus to show that intrinsic personal moral desert (as distinct from ‘desert’ in a more restricted sense, relative to morally justified institutions) is a necessary and sufficient basis for punishment. Other theories of the role of emotions in morality are as defensible as Moore’s, while the compelling emotions to which he appeals to clinch his argument can be convincingly situated within a non-retributivist framework, especially when the distinction between the intuitions of the lawless world, and those of the world of law, is recognised.     

Policing and the Feeling of Safety: the Rise (and Fall?) of Community Policing in the Nordic Countries

A major trend in the Nordic countries is the increasing focus on citizens' perceptions of safety, the enhancement of which is seen as a task for the police. One way to accomplish this has been the introduction of proximity policing. Existing research on the subject from all the Nordic countries is evaluated, with special focus on a comprehensive evaluation of a Danish experiment. The evaluations demonstrate that the concept of proximity policing has had limited success, and it has been abandoned in Finland and Norway. The article concludes by offering some explanations for the lack of success, among these the high level of perceived safety already present in the Nordic countries, the lack of causal relation between police visibility and citizens' perception of safety, and the lack of tradition for citizen involvement in the Nordic welfare states.     

The Jewish population and family in the Polish–Lithuanian Commonwealth in the second half of the 18th century

The sources that can be employed to examine demographic aspects of the Jewish population and family in 18th-century Poland–Lithuania are sparse and mostly fiscal in origin. Since this source material has been preserved only for some periods and regions, few generalizations can be made. First, the authors have referred to the most comprehensive census that was carried out in 1791 by household in Cracow province (województwo krakowskie). It does not allow for detailed family reconstitution, however. Although extended/multiple family households might have been fairly common, the two-generational conjugal family unit seems to have prevailed, and no more than four nuclear families lived in one house. In addition, the age at first marriage was influenced only to a limited extent by the traditional practice of early marriage.     

Introducing the Open Clause to improve copyright flexibility in cyberspace? Analysis and commentary on the proposed “two-step test” in the Third Amendment to the Copyright Law of the PRC,in comparison with the EU and the US

The so called “three-step test”, that the limitations and exceptions of copyright shall be allowed in certain special cases, provided that they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author, grants copyright flexibilities to balance the interests of all stakeholders, especially within the European system of circumscribed limitations and exceptions. This is essential for the domain of computer law, confronted by rapid and unpredictable global technological developments, and is, thus, enshrined in the most important international intellectual property (IP) treaties. Through the proposed third amendment to the Copyright Law of the PRC, the legislature intends to adopt this test while also introducing an open-ended list of limitations and exceptions that constitutes a China-specific “two-step test.” This contravenes prima facie the thesis endorsed by the WTO Panel in the case concerning Section 110(5) of the US Copyright Act in 2000. In contrast, court decisions in China frequently apply the fair use doctrine of US copyright law, neglecting to consider its peculiar context of the US common law tradition and, thus, unduly expanding the Chinese courts' discretionary power.This paper summarizes the case law in China and takes a comparative approach to address the divergence between the judicial application of cyber copyright law and the existing legislation. It suggests revising the proposed Article 43 of the Copyright Law of the PRC to capture the due interpretation of the three-step test, thereby finessing the delineation between rights protection and free use with the compensation of remuneration under the principle of proportionality. It argues that transplanting the US fair use doctrine into Chinese copyright law is feasible, but with the preconditions of endeavouring to strengthen judicial reform to integrate the IP adjudication systems, enhancing the coherence and efficiency of copyright enforcement, and facilitating consistent dialogues between scholars, practitioners, and lawmakers.     

Families and mountains in the Balkans: Christian and Muslim household structures in the Rhodopes, 19th–20th century

This article investigates household structures and household formation patterns among Orthodox Christians and Muslim Bulgarians in the Rhodope Mountains between 1875 and 1935. The analysis, which is based on the computerized evaluation of household listings as well as on ethnographic sources, reveals obvious differences in the structures of Orthodox and Muslim households. Muslim households were more likely to be complex, whereas among the Orthodox population, nuclear families prevailed. But, despite the different cultural backgrounds and economic activities of the two communities, the underlying structure of their household formations shared also some common features. Christian and Muslim households did not differ with respect to size. The complex households of the Muslims were just a phase in the developmental cycle and rarely included more than two simple families. Among both Christians and Muslims, the village community was more important than descent groups. The Rhodopes therefore do not fit into the pattern of the zadruga (the large, complex family household in the western Balkans). A division appears to have existed between family forms and social network patterns for the eastern and western Balkans. Clearly, generalizations about family structures are difficult because of the great variability of family patterns within the Balkans.     

Comparative study of sustainable and non-sustainable interventions in technology development and transfer to the women’s vegetable gardens in the Gambia

In the Gambia numerous projects have been implemented to boost vegetable production. A survey was conducted in Kanifing Municipality and Western Division of the Gambia to determine the level of technology development and transfer. The result shows that the total membership of the intervention sites is 726 and 1,115 growers in the non-intervention sites respectively. From the survey 92% of farmers considered variety improvement as a priority area for technology development. The result indicated that 45% of the respondents regard that 80% of technologies comes research and farmers and 90% of technology dissemination to farmers is through the public extension system, and 20% of respondents mentioned farmer groups. The aim of this study was therefore to examine acquisition, technology development, and transfer to farmers and to come with appropriate strategies of technology transfer in The Gambia in the areas of production and marketing of vegetables.      

Women in campaigns 1550–1850 household and homosociality in the Swedish army

The article presents the main results from my study of social conditions in the Swedish Army between 1550 and 1850. The focus is on women's involvement and importance in the military. The most strikingly result is that women for a long time played a more crucial role in the Army than many people are unaware of. As a consequence, the unisexual, masculine, compulsory, military service which existed during most of the 20th century can be treated as an historical parenthesis. Nowadays women are permitted to serve in the military as soldiers, in older times women fulfilled their military duties as soldiers' wives. In a long-time perspective, the military role of women has shifted from wife to professional: the article explores this process. Soldiers on campaigns in the 17th century built households and had families, regardless of wartime or peacetime, and their households were also a natural part of the military, simultaneous with a strong male bonding principle, homosociality. Although conflicts existed between the two principles of organization, household and homosociality, they operated together at any rate until the beginning of the 19th century. The article illustrates how this cooperation worked, but also how the rise and fall of the household system in the military may be explained. Military thought, growth of state authority, a professionalization process and changed cultural norms were crucial. However, I want to emphasize the social practice of gender relations as a promoter of change: how norms and measures connected with marriage affected the military.     

Catalyst or Cause? Legislation and the Demise of Machine Politics in Britain and the United States

In the nineteenth century, British and American parties competed by hiring electoral agents to bribe and treat voters. British parties abruptly abandoned this practice in the 1880s. The conventional explanation is that legislation put an end to agent‐mediated distribution. But this explanation leaves many questions unanswered. Why did the parties use agents for decades, even though they imposed great expense on candidates and were viewed as untrustworthy? And why, after decades of half‐hearted reforms, did the House of Commons pass effective antibribery reforms only in 1883? In our formal model, parties hire agents to solve information problems, but agent‐mediated distribution can be collectively suboptimal. Legislation can serve as a credibility device for shifting to less costly strategies.     

Crime and punishment in Russia and the United States: 1990–1998

Since the collapse of the Soviet Union in 1991, dramatic sociopolitical changes have affected the ability of the Russian criminal justice system to effectively process violent crimes. This paper compares the police and court processing of selected violent crimes in Russia and the United States during the period 1990–1998. Using data from the Russian Ministry of Internal Affairs and the U.S. Bureau of Justice Statistics, we examine the disposition of homicide, rape, robbery, and aggravated assault (i.e., serious bodily injury) cases in both countries during this period. Our findings indicate that while arrests and rates of homicide, robbery and aggravated assault decreased in the U.S. during this period, they increased in Russia. On the other hand, rape rates and arrests decreased in both countries during this period. Conviction rates as well as the percentage of defendants sentenced to prison in Russia were both higher than in the U.S. for each of the offenses studied during this period. We discuss implications of the findings and suggest additional research.     

In the National Interest? Political Control and Registration in Norway and Sweden

Dokument nr.15. Rapport til Stortinget fra kommisjonen som ble nedsatt av Stortinget for å granske påstander om ulovlig overvåkning av norske borgere. [Document no. 15. Report to the Norwegian Parliament from the Commission Appointed by Parliament to Examine Allegations of Unlawful Monitoring of Norwegian Citizens]. (The Lund Report). 28 March 1996. (Cit. LR 1996).

Säkerhetstjänstkommissionen. [The Commission of Inquiry into the Security Service]. (Cit. STK).

SOU 2002:87 Rikets säkerhet och den personliga integriteten. Betänkande av säkerhetstjänstkommissionen. [National Security and Personal Integrity. Report from the Commission of Inquiry into the Security Service].

SOU 2002:88 Politisk övervakning och personalkontroll 1945‐1969. Forskarrapport till säkerhetstjänstkommissionen. [Political Monitoring and Background Checks 1945–1969. Research report to the Commission of Inquiry into the Security Service].

SOU 2002:89 Politisk övervakning och personalkontroll 1969–2002. Forskarrapport till säkerhetstjänstkommissionen. [Political Monitoring and Background Checks 1969–2002. Research report to the Commission of Inquiry into the Security Service].

SOU 2002:90 Den farliga fredsrörelsen. Forskarrapport till säkerhetstjänstkommissionen. [The Menacing Peace Movement. Research report to the Commission of Inquiry into the Security Service].

SOU 2002:91 Hotet från vänster. Forskarrapport till säkerhetstjänstkommissionen. [The Threat from the Left. Research report to the Commission of Inquiry into the Security Service].

SOU 2002:92 Det grå brödraskapet—en berättelse om IB. Forskarrapport till säkerhetstjänstkommissionen. [The Grey Brotherhood—A Story of IB. Research report to the Commission of Inquiry into the Security Service].

SOU 2002:93 Övervakningen av SKP‐komplexet. Forskarrapport till säkerhetstjänstkommissionen. [The monitoring of the SKP‐Complex. Research report to the Commission of Inquiry into the Security Service].

SOU 2002:94 Övervakningen av nazister och högerextremister. Forskarrapporter till säkerhetstjänstkommissionen. [The Monitoring of Nazis and Right Wing Extremists. Research reports to the Commission of Inquiry into the Security Service].

SOU 2002:95 Forskarrapporter till Säkerhetstjänstkommissionen. [Research report to the Commission of Inquiry into the Security Service].     

Angola and Kenya Pavilions in the 2013 Venice Biennale: African Contemporary Art and Cultural Diplomacy in the “Olympics of Art”

A record six African states were awarded a national pavilion at the 2013 Venice Biennale, the premier venue for showcasing a nation's contemporary art, from which Africa has historically been excluded. While first-time participant Angola won the top prize, Kenya's pavilion was the target of bafflement and ire. Using a cultural diplomacy framework that integrates the insights of leading scholars, this research makes concrete recommendations for practitioners vis-à-vis a comparative case study of the two pavilions. Analysis and recommendations consider the interests of a variety of stakeholders and offer insights relevant to Africa and other emerging regions.     

Reinventing the Market? Competition and Regulatory Change in Broadcasting

The reforms instituted by the Broadcasting Act 1990 led to a period of turbulence and upheaval within broadcasting with results that were at best unintended and, at worst, seriously undermined the ideal of public service broadcasting. A Hayekian economic perspective would suggest that the reforms failed because they did not go far enough in the direction of full ÔmarketizationÕ. The paper develops an alternative perspective, based on an adaptation of systems theory within the context of law and economics. This approach offers a broader methodological foundation for the understanding of Ôeconomic lawÕ and a different normative perspective on the broadcasting reforms. It is suggested that the difficulty with these reforms was not their failure to go further in the direction of the market, but rather their lack of clarity in articulating a clear alternative to the market as the basis for the organization of television production.