Vulnerability,Agency and the Ambivalence of Place in Narratives of Rape in Three High-Profile Swedish Cases

For decades, the media have frequently been instrumental in framing rape cases by linking the deed with the place. This study demonstrates that law courts are not innocent of such social framing; on the contrary, they are significant agents. We argue that courts, by shaping the plot in rape cases, participate in an ongoing cultural production of meaning, although in a more subtle and ambivalent way than the media. In a narrative analysis of three contemporary rape cases in Sweden, we bring together feminist research on place with the concepts of vulnerability and agency. We argue that place is framed as ambivalent in relation to vulnerability and agency, and dependent on the positioning of plaintiff and defendant. In court narratives, geographical places are made relevant, including the locations where the alleged rapes took place. Court narratives of rape include highly ambivalent connotations with place in relation to vulnerability and agency, distinguished by different narratives and outcomes in the various instances. The legal and social implications of our work should include an awareness of the relevance of place in relation to rape.     

代理授权行为法律地位辨析

代理授权行为是代理法律关系的核心要素之一,对其法律地位的不同认识将直接影响到代理行为的效力。在与此相关的各种学说当中,主张代理授权行为具有独立地位的无因性理论更具有可采性。在制定民法典时,建议以其作为完善我国代理立法的理论基础。     

我国推行股票期权的制度性障碍

股票期权制度使经营者报酬同公司经营业绩紧密联系在一起,降低了代理成本。但这种制度需要一定的制度环境方能产生、存在并发挥其作用。我国目前的制度环境并不适合股票期权制度,因而制度的创新成为必然。     

Potential through paradox: indigenous rights as human rights

This paper takes the ratification of the U.N. Declaration on the Rights of Indigenous Peoples as its departure point. Reactions to the Declaration have thus far been mixed. According to advocates, these events signal ‘a new consensus’ that brings ‘to an end the nation states’ history of oppression of indigenous peoples’. According to critics, however, we have uncritically assumed an alliance between human rights and Aboriginal rights initiatives. This paper draws on these conflicting accounts, the theories of Rancière, and a discussion of a current Canadian court case to offer an assessment of the political possibilities of the UN declaration. Overall we argue that the value of the Declaration rests on our interpretation of the political process by which these rights are enacted. The possibilities of rights-based politics are always contextually dependent. In some instances a human rights frame can represent radical repositionings and rearticulations while at the same time always risking the possibility of co-optation. The acts of politics, in particular acts of dissensus, are the key factors that will impact whether the Rights of Indigenous Peoples lead to transformation or to the reinforcement of the status quo.     

关于完善我国合同法商事代理制度的思考——以《合同法》第402条、第403条为视角

文章以《合同法》第402条、第403条为视角,比较分析了两大法系商事代理制度立法的理论基础,对我国合同法有关商事代理的规定进行深入的思考,提出了进一步完善我国商事代理制度的建议。     

劳动派遣用工的法律规制

劳动派遣为一种新型用工方式,在政府及企业的推动下发展迅猛,被视为是促进就业、解决剩余劳动力有序流动的主要手段。但伴随出现的却是劳动派遣机构的高额利润、用工企业的低成本使用劳动力,劳动者权益受到极大损害。因此,应根据我国国情,参考国外劳动派遣法律规制的有益经验,构建我国的劳动派遣法律制度。     

Reform Strategies Matter: Explaining the Perplexing Results of Regional Government Reforms in Norway and Denmark

Reforming the public sector often means imposing immediate costs on well-organised interests in return for longer-term, diffuse benefits to voters and taxpayers. Nonetheless, reforms sometimes are carried through. Investigations of this puzzle have followed two approaches: The first is structural and explains reforms as a consequence of the institutional setting in which policymakers operate. The second focuses on human agency. It investigates how reformers search for ways to overcome structural obstacles. This approach has lived a quiet life in recent decades. In this paper, we investigate recent attempts to reform the regional government level in Norway and Denmark. Despite very similar structural settings and political preferences, the reforms failed in Norway, but were successful in Denmark; failure and success being defined by the two governments' intensions. We argue that the explanation lies in the different reform strategies pursued by the central governments in the two countries.     

论闭锁公司的范畴及代理问题

闭锁公司是一种股东紧密持股,绝大部分股东参与经营,且股权不能在现成市场上公开流通的公司形态。本文认为,受其组织结构、投资属性与市场环境决定,闭锁公司法律规制的重点在于：在股东高度自治与资本严格锁定的环境下,处理好大股东控制权的正当行使与小股东合理期待利益的必要保护之间的冲突与协调问题。     

Agency and outcome expectancies for crime desistance: measuring offenders' personal beliefs about change†

Abstract

While the majority of offenders eventually desist from crime, the internal psychological mechanisms hypothesized to drive the process of desistance and offender change have not been systematically measured. This study developed scales for assessing intention to change, or offenders' beliefs regarding their perceived ability to stay crime-free (agency) and expected outcomes for crime and desistance (expectancies). Incarcerated offenders (N=142) endorsed these beliefs in a way that is consistent with theories of offender change. The structure of beliefs suggests offenders with positive expectancies for desistance and negative expectancies for crime also endorse a higher sense of personal agency to desist. Outcome expectancies for desistance were unrelated to static risk variables, suggesting these measures may be complementary to risk assessment. Overall, the scales developed for this research showed high internal consistency and evidence for concurrent and construct validity. Refining the measurement methods and assessing recidivism outcome post-release should further advance this avenue of research.     

民法总则的使命及其应规范之内涵——以中国民法总则草案为探讨中心

所有现代欧陆民法法典,不论是法国民法典、德国民法典,抑或是继承两民法典之法典以及参考两民法典之法典,均设有民法总则之规定。中国最近有制定民法总则的计划,并已提出建议稿,但此前已经有了9个单行之民法法律规范,构建了松散型的民法典体例,而民法总则属于一体型民法典之构成部分,这就需要对以往民法法律规范重新整合。结合中国民法总则草案建议稿,对民法总则应加以规范之内容,以及法律原则、权利能力和行为能力、法人、民事客体、法律事实、民事责任等具体规范加以分析探讨,以期为制定科学合理的民法总则提供参考。