A longitudinal test of the revised strain theory

Agnew's (1985) revised strain theory argues that delinquency results from the inability to escape legally from painful or aversive situations. There is much indirect support for the theory, with experimental and survey data indicating that delinquency is associated with a wide variety of aversive situations. The experimental data, however, are of questionable generalizability and the survey data are primarily cross sectional in nature, leaving unresolved the issue of causal direction. This study examines the relationship between environmental adversity and delinquency using longitudinal data from a nationally representative sample of adolescent boys. A distribution-free method (arbitrary generalized least squares) is used to estimate a covariance structure model depicting a reciprocal relationship between adversity and delinquency. The results support the revised strain theory: environmental adversity has a causal effect on delinquency, but delinquency does not have an effect on adversity.     

What does it mean to suffer loss? Haxton v Philips Electronics

In Haxton v Philips Electronics the Court of Appeal considered whether a widow could recover the diminution in value of her dependency claim following the defendant's tortious reduction of her life expectancy. The note outlines the development of the common law, demonstrating that Haxton is novel but not unorthodox, and tests whether Haxton's principles can provide a sound foundation for future cases. Positing three hypothetical scenarios, it argues that the disparity in outcome, rather than indicating a lack of unifying principle, as was suggested in Jobling v Associated Dairies, may be explained by combining Austin's division between primary and secondary rights with Gardner and Stevens' contributions as to how they are protected. Restitutio in integrum requires consideration of the reasons and values underlying the right in question and these are discernible in the jurisprudence. The note also considers whether Haxton could have been decided on the basis that a defendant should not profit from its own wrongdoing.     

‘Factual causation’ and ‘scope of liability’: What's the difference?

According to a dominant view, for the negligent defendant to be held liable for the plaintiff's harm the plaintiff must establish first, that the breach was the ‘factual cause’ of the harm, and second, that the harm is within the ‘scope of liability’. On this view, factual causation is purely factual, while scope of liability is normative and non‐causal. This article accepts the basic two‐step approach, but argues that the distinction is overstated. A close analysis of the principles shows that factual causation may require value judgment, and that scope of liability often involves an assessment of the strength and nature of the causal connection between breach and harm.     

帮助犯的因果关系

从不同的共犯处罚根据学说的立场出发,对帮助犯的因果性问题会有不同认识。但是,站在修正引起说的立场上,可以得出要求共犯行为也必须与通过正犯行为引起的法益侵害结果之间的因果关系的结论。在具体判断共犯行为与犯罪结果之间的因果关系时,要特别注意存在心理的因果性的情况。     

论船舶碰撞损害赔偿中的责任比例认定

在分析、比较英美法系、大陆法系因果关系理论的基础上,提出在船舶碰撞损害赔偿责任比例认定过程中,可采用＂两分法＂,即首先运用＂相当因果关系理论＂认定事实上的因果关系,即认定船舶从相遇到碰撞发生的整个过程中的过失行为对碰撞事故发生及碰撞损害后果的作用力的大小;然后采用＂直接结果理论＂和＂可预见理论＂认定船舶过失行为与损害后果之间的法律上的因果关系,而法律推定因果关系方法则不应当适用。     

Network strategies of nineteenth century Hesse-Cassel emigrants

Between 1820 and 1930 over 5 million Germans emigrated to overseas destinations, most to the U.S. By the 1850s the number of German migrants living in the U.S. was large, a consequence partly of cumulative causation. I provide evidence for the dramatic increase in networks by using micro-level data for the German principality of Hesse-Cassel in the mid-nineteenth century. A conservative measurement of network relationships finds that after 25 years almost half of them were related to a previous family member from the same village. Migrants who used family networks tended to move in small units. Usually only a few years separated networked family members, but some links lasted over a decade. Women were unlikely to start a network but more likely than men to travel to the U.S. Within some families, migrants switched from continental destinations to the U.S., perhaps due to the failure of the 1848 March Revolution.     

客观归责理论对台湾地区实务判断因果关系的影响——以台湾地区"最高法院"96年台上字第5992号判决为例

客观归责理论形成于德国。1990年代初,台湾地区刑法学界开始介绍客观归责理论,虽然未必成为主流,但在刑法学的研究上引起很大的重视。相对于此,台湾地区司法实务由于长期受相当因果关系的影响,客观归责理论的运用则是近十年来的事,且是从各级法院的第一审开始。台湾地区“最高法院”96年台上字第5992号判决突破相当因果关系说的束缚,大胆采用客观归责理论,可以说具有划时代的意义。一个法律学说从外国引进,能否在本土生根,是测试这个外国学说是否良好的指标。台湾地区“最高法院”虽然已经接受客观归责理论,但是否可能取代相当因果关系说而成为实务的主流,还需要后续的观察。     

美国反垄断法中界定“相关市场”的临界损失分析法

美国早期用来界定"相关市场"的方法没有限定市场弹性幅度,这个缺陷直到"假定的垄断者测试"产生后才得到弥补。1986年,美国改进了"假定的垄断者测试"操作方法,提出了临界损失分析法。虽然人们对临界损失分析法还存在不少争议,但它在美国和欧盟得到了越来越广泛的应用,相关判例得到了极大的丰富。     

论醉酒人犯罪的刑事责任

醉酒分为生理醉酒、复杂性醉酒和病理性醉酒三大类。其中 ,只有生理醉酒的人为完全责任能力之人。原因中的自由行为是 (生理 )醉酒人犯罪负刑事责任根据的有力学说。行为人对醉酒的不同心态 ,也是考察生理醉酒中行为人醉酒后犯罪的刑事责任时 ,需要考虑的重要因素。     

Nationality swapping in the Olympic field: towards the marketization of citizenship?

Nationality swapping in sports is commonly assumed to be a rapidly expanding practice that is indicative of the marketization of citizenship. Sports are said to have become wholesale markets in which talent is being traded for citizenship. In this article, we seek to empirically explore such claims by analysing 167 athletes who have competed for two different countries in the Summer Olympic Games. It seems that most switches occurred after the 1990s. Then, following a citizenship as a claims-making approach, we introduce the work of Bourdieu so as to connect citizenship as both legal status and practice with normative claims. The analysis reveals that the practice of nationality switching is shaped by structural conditions of the Olympic field. First, a complex realm of citizenship laws and regulations produces conditions under which athletes make legitimate claims to citizenship. Second, through a mechanism of reverberative causation, prior migrations are often echoed in contemporary nationality swapping . Only a limited number of athletes acquired citizenship via the explicit market principle we call jus talenti. Claiming that instrumental nationality swapping is indicative of the marketization of citizenship obscures the complex interplay between structures of and practices within the Olympic field.