Laws and Universality,Laws and History

The article begins by examining two arguments used by Derrida in work published in 1967. The first claims against Lévi-Strauss that an empirical pattern of events cannot be injected into or superimposed onto an historical pattern claiming universality, for then there can be no disconfirmation of what is said. (This argument is used against Marxian history by some who write in the wake of Existentialism, Paul Roubiczek for instance.) The second claims against Foucault that he does not distinguish between reason as part of thinking and language and reason as an empirical historical structure capable of modification along time. The article then discusses the use of very similar if not identical arguments in Derrida’s much more recent work on laws, Force of law. The intelligibility, the interpretability, of laws and their history comes after the laws, not before, and is thus not fully universalisable.     

论直接言词原则与公诉案卷的移送及庭前审查

直接言词原则对法庭审理过程中证据调查和辩论及法院判决时证据的运用都有严格而系统的法律要求。我国立法对公诉案卷移送及庭前审查制度的规定在许多方面都违反了直接言词的要求及各国立法的通例。直接言词原则的彻底贯彻要求我国立法对公诉案卷移送及庭前审查制度进行相应的改革和完善。     

Implementing and evaluating crime prevention and control programs and policies

The history of crime prevention and control efforts in the United States has demonstrated little progressive improvement in our ability to deter crime. The major obstacles to implementing effective interventions and policies have been a weak scientific knowledge base about how to prevent crime, the research community's inability to effectively disseminate what is known about the causes of crime and to translate this knowledge into operational programs and policies, and a resistance on the part of practitioners and policy makers to evaluate programs and policies and to use this information in the development of new programs and policies. In the last decade, there have been major advances in our understanding about the causes of crime and we have now demonstrated the effectiveness of selected prevention programs. But there is little evidence that this scientific knowledge is informing current practice or policy. Problems in the dissemination of this information and the resistance to utilizing it remain. These problems are discussed and suggestions are made for addressing them. Our knowledge base remains modest, but it is now sufficient to inform policy and practice. The research community must work to do a better job of disseminating this information and overcoming the resistance to utilizing it before we will be successful in implementing effective crime prevention programs and policies. This revised version was published online in July 2006 with corrections to the Cover Date.     

Sentencing policy and disparity: Guidelines and the influence of legal and democratic subcultures

This study analyzed the effects of sentencing policy on sentencing outcomes and the determinants of sentencing decisions. The authors used hierarchical modeling to examine the impact of sentencing reform on legal and individual- and county-level extralegal factors in addition to the sentencing outcomes themselves. The research was framed within the legal and democratic subculture perspective developed by Richardson and Vines (1970) for understanding lower court decision making. The results indicated that sentencing policy acts as a filter, through which cues from each subculture are synthesized, and helps to shape the effects of both legal and extralegal variables on sentencing outcomes.     

International aid,trade and investment and access and allocation

International Environmental Agreements: Politics, Law and Economics - The access to goods and their allocation (who gets what, when, where and how) is one of the analytical problems of the 2009...     

Crime Volume and Law and Order Culture

The literature on public opinion about crime and justice has neglected the exploration of macro‐ or community‐level influences on individual‐level attitudes. A key macrofactor that may be related to individual level attitudes is the volume of violent crime. High crime rates can facilitate the development of a culture of “law and order,” a response that may be a practical or instrumental attempt to control crime. The present paper tests the hypothesis that persons residing in nations marked by a high volume of crime will be more likely to adhere to elements of a law and order culture. It employs data from the International Social Science Program (N = 15,024). Controls are taken from major theoretical perspectives on public opinion about crime as well as demographic factors. The results from a hierarchical linear model support the hypothesis that individuals residing in nations with high crime rates are more likely than others to support law and order ideologies. The findings extend the support for this relationship from research based on the US alone to other industrialized societies.     

人权与公民权之异同

人权和公民权是两个关系非常密切的概念,它们既有相同之处,又有细微差别。它们的共同点表现为:起源相同,社会基础和制约条件相同,内容基本相同,价值取向和理论基础相同。它们的区别体现在:主体不完全相同,适用范围不同,属性不同,表达方式的差异,实施和监督机制的差异,救济途径的差异。     

Analysis of blood and tissue for amoxapine and trimipramine

A method for the identification and quantitation of two tricyclic antidepressants, amoxapine (Asendin) and trimipramine (Surmontil) is presented here. Samples were extracted with hexane at pH 10, back-extracted with 1.0N sulfuric acid. The acidic layer was adjusted to pH 10 and re-extracted with hexane. Electron impact mass spectra were obtained. The base peak and molecular ion for amoxapine were at m/z 245 and 313, respectively. The base peak and molecular ion for trimipramine were at m/z 58 and 294, respectively. There were three forensic toxicology cases involving amoxapine in Cook County, IL, in 1980 and 1981. The concentrations of amoxapine in blood for these three cases were 1.66 mg/L, 7.16 mg/L, and 2.95 mg/L, respectively.     

Law and ethics for the bioeconomy and beyond

The convergence of biological, technological and economic realms of life has fostered the development of the bioeconomy as a new feature of contemporary society. As the meaning of life and the human body is redefined in the context of the bioeconomy, new challenges have emerged for ethics and law In the face of these challenges, it is imperative that the currency of regulatory frameworks is maintained through the processes of regular review and update. The National Health and Medical Research Council has recently released the new National Statement on Ethical Conduct in Human Research to provide guidance for health research in Australia. The new National Statement will play an important part in supporting innovation and the development of the knowledge economy.     

Economic cycles and punishment: Unemployment and imprisonment

Research on the relations between the labor market and forms of punishment, inaugurated by Rusche, has developed along two lines, broadly speaking: first, the historical evolution of the links between the structure of the labor market and the structure of punishment and secondly, the conjunctural variations in admissions to prison and in prison populations with fluctuations in the employment situation. The present study is of the latter type. It stems from observations on two aspects of the French situation:

The concomitant long-term evolution (1875–1985) of curves for unemployment and for prison populations, given the downward trend in imprisonment rates until recent years.

The constant over-representation, among prisoners, of groups whose position on the labor market is insecure.

The link between unemployment and imprisonment was tested by multiple regression using data on economic, demographic, penal and correctional aspects (French figures, 1920–1985). The results show the participation of demographic factors in the variations in prison populations. They point to a significant correlation between variations in unemployment (in volume and rate) and the evolution of prison populations, all else being equal in terms of recorded crime. Analysis of the functioning of the criminal justice system, showing the existence of an internal subsystem characterized by its procedures — pretrial detention —, the offenses — street crime —, the sentences — imprisonment — and the social characteristics of those convicted, suggests an approach to the interpretation of these findings.     

政府理性的演进逻辑及其现代性思考

政府理性与政府行动的价值取向及政府所选择的行政模式有关。政府理性是伴随着社会历史的变迁和公共行政模式的转变而逐渐具备现代性的。政府理性在寻找现代性的过程中曾一度被市场理性淹没,又在管理主义之风盛行之下将自身的价值理性迷失,最后在与社会及公民形成的互动治理网络中通过公共协商的方式找到了现代性。现代政府的理性是公共理性。     

改革创新干部培训 工作加强领导干部能力建设

现时干部培训工作以认知为主,能力培训缺乏,培训形式、教学方法、教学内容没能以提高能力为核心目标,缺乏科学的培训质量评估体系和考核制度,庞大的培训资源浪费严重,培训体制缺乏活力,培训效果差强人意,客观上影响了干部能力建设。能力为本的干部培训改革势在必行。针对上述问题,需要转变观念,准确定位干部培训工作及其目标,实现由“认知为本”向“赋能为本”升级;建立培训市场机制,形成与领导干部整个职业生涯设计需求相配套的培训体系;加强培训机构自身的培训,提高培训机构自我更新、自我提升的能力。     

Science and Technology and the President's Crime Commission

The U.S. President's Commission on Law Enforcement and Administration of Justice added a Task Force on Science and Technology as somewhat of an afterthought because there had then been very little interaction between science and technology and the criminal justice system (CJS). The task force focused on the CJS as a whole and interactions among its parts, with an important emphasis on analysis of the operating systems and on the important potential role of information systems as the technology advanced. The potential applications of contemporary information and electronic technologies is considerable, especially for assessing risk and needs of identified offenders and for providing relevant information wherever needed. There is urgent need for scientific evaluation of many of the positive and negative aspects of the operation of the CJS and of the potential for new technologies.     

亲子关系的推定与否认制度的建构

法律上亲子关系实为立法构建的产物。亲子关系的确定应兼顾血缘真实、身份安定和未成年子女的最佳利益。以法律推定方法确定子女法律上的父亲,既应适用于婚生子女,也应适用于同居关系中的非婚生子女。对于与真实血缘不符的亲子关系的推定,特定当事人应当享有进行否认的权利。因此,法律应对各主体否认权的赋予具有不同的正当性基础,区分各否认权人的否认理由和否认时效,以体现不同的政策考量。同时还应对否认的法律后果做出明确规定。     

The relationship of suggestibility and compliance with self-deception and other-deception

The aim of the study was to assess the relationship of interrogative suggestibility and compliance with other-deception and self-deception. The Gudjonsson Suggestibility Scale (GSS 1), the Gudjonsson Compliance Scale (GCS), the Eysenck Personality Questionnaire (EPQ), and the Other and Self-Deception questionnaires (ODQ and SDQ) were administered to 237 Icelandic prison inmates. Other and Self-Deception scores did not correlate significantly with suggestibility and compliance, whereas significant correlations were found between the deception scores and EPQ Psychoticism, Neuroticism and Lie scores. The EPQ Lie score explained about one-third of the variance in the ODQ score, suggesting a considerable overlap between the two impression management measures. The most important practical implication of the findings is that self-favouring bias does not appear to significantly influence suggestibility and compliance scores.     

巴比妥单克隆抗体制备及其免疫学特性鉴定

目的建立抗巴比妥单克隆抗体杂交瘤细胞株,制备抗巴比妥单克隆抗体,并对其免疫学特性进行鉴定。方法将巴比妥分子环状丙二酰脲环上氨基引入活性羧基,然后通过缩合反应分别与匙孔血蓝蛋白(KLH)和牛血清白蛋白(BSA)偶联,得到完全抗原BAR-KLH和BAR-BSA,并用紫外分光光度计鉴定。用BAR-KLH免疫Balb/C小鼠,利用细胞融合技术建立稳定分泌抗巴比妥单克隆抗体的杂交瘤细胞株;采用体内诱生腹水法制备巴比妥单克隆抗体,饱和硫酸铵法、亲和层析法纯化,并进行免疫学特性鉴定。结果完全抗原偶联成功,其偶联率为30∶1;筛选出1株杂交瘤细胞命名为5C6,其产生的单抗效价为1∶6.4×104,属于IgG1/kappa,抗体亲和力常数为2.27×108L/moL。纯化后的巴比妥单克隆抗体用ELISA法检测其灵敏度为130ng/mL,并与其他7种镇静催眠类药物交叉反应率小于1%。结论本研究制备的杂交瘤细胞株5C6分泌的抗体具有高特异性和灵敏度。     

Territorial functioning and victimisation: conceptualisation and scale development

The purpose of this study was to develop and validate territorial functioning measures and to examine the link between territorial functioning and victimisation in a high-crime context. To this end, four sequential stages of scale development were undertaken: conceptual model development, item generation and content validation, exploratory study and confirmatory study. Confirmatory factor analysis confirmed the three dimensions of territorial functioning, namely, neighbourhood attitudes, sense of control and marking behaviour, as dimensions of the second-order territorial functioning construct. The results of the structural model support findings reported in the literature that associate high territorial functioning with low victimisation. The theoretical and practical implications of the study and directions for future research are discussed in the concluding sections of this study.     

Attitudes and Family Violence: Linking Intergenerational and Cultural Theories

Drawing on intergenerational transmission and cultural (attitudinal) theories, this study examines the extent to which attitudes help explain (1) the relationship between experiencing violence while growing up and subsequent violence against one amp apose;s children and spouse, and(2) demographic differences in violence. Structural equation modeling techniques are used to examine data from a representative sample of the general population and a sample of ex-offenders. The findings indicate that experiencing violence while growing up is related to favorable attitudes towards violence against spouses. The experience of violence while growing up and attitudes are related to violence against both children and spouses. The relationship between experiencing violence while growing up and engaging in violence against spouses is mediated by attitudes. The results also suggest that men and nonwhites are more approving of violence towards spouses. However, attitudes do not account for demographic differences in violence against children and spouses.     

“亲亲相隐”与亲属间窝藏、包庇类犯罪的豁免

"亲亲相隐"制度源远流长,在古今中外都具有旺盛的生命力。我国现行刑法对窝藏、包庇类犯罪的规定中全面舍弃了"亲亲相隐"制度,这有违人之常情,而且也有可能造成人情淡漠。应在立法中对古代"亲亲相隐"制度进行改造,构建出现代"亲亲相隐"制度,从而达到法律和亲情的平衡,避免国家刑罚权与人类亲情的直接、正面冲突。     

Security,privacy and freedom and the EU legal and policy framework for biometrics

The adoption of the Treaty of Lisbon and the granting to the Charter of Fundamental Rights of the same legal force as the Treaty has lent a new impulse to the consideration of fundamental human rights by the European Union (EU). The question remains, however, as to how this legal discourse, centred upon human rights, is actually shaping the EU regulatory framework in specific policy domains. The aim of this paper is to critically appraise the ways that the fundamental rights of security, privacy and freedom guaranteed by the Charter are being construed in the context of EU law and policy on biometrics, an ethically and morally sensitive security technology whose development and use are being actively promoted by the EU. We conclude that the interpretation of the pertinent rights, as well as their balancing, owes a great deal to the goals of EU policies for research and development, and under the auspices of Freedom, Security and Justice, shaped largely by political and economic considerations. These considerations then tend to prevail over ethically or morally-based legal claims.