人文主义法学引论

人文主义法学是指崇尚人的价值、尊重人的本性的法学观点或法学思想体系。人文主义法学的指导思想是将人作为目的。人文主义法学的基本原则及对法律思想的影响表现在如下方面:尊重人的需要和利益原则促进了权利、人权、自由的产生和发展;防范人的恶性原则促进了法治概念、民主政府、分权、法律程序、法律监督的产生和发展;宽容人的弱点原则主张法律对人的行为不宜提出过高的要求;鼓励人的优点原则主张法律允许人们参与法律实践活动、鼓励人的奉献行为。人文主义法学的兴起将促进法学研究和法律实践的发展。     

Addiction and Responsibility: An Introduction

Law and Philosophy -     

URLTA in Operation: An Introduction

The following articles examine the impact of legislation modeled after the Uniform Residential Landlord and Tenant Act (URLTA) in Portland, Oregon, and Cleveland, Ohio. Their conclusion is that the legislation has been only marginally effective, benefiting primarily middle-income tenants in the suburbs or in the cities' better neighborhoods, while largely failing in the aim of helping the inner-city poor and upgrading the quality of slum housing. The general lesson is an old one: law reform attempts at rearranging basic social-legal relationships often fail to achieve their intended effects, particularly when their effectuation is left to the initiative or ingenuity of those individual private parties who are least likely to possess or display these traits.     

法国侦查制度简论

侦查制度是指一个国家或地区有关侦查活动的组织、程序、人员方面规则体系的总称。法国侦查制度有其特定的侦查主体、侦查措施、侦查模式。     

Family history in canada: An Introduction

Contemporary debates about “family crisis” has led to a resurgence of interest in family history in Canada. The field builds on the strong tradition of demographic history in Quebec, and on historical sociology, historical geography, ethnohistory, and recent developments in cultural history. Recent projects in both Quebec and English Canada have accepted the challenge of international comparative analysis.     

中国"混合法"引论

"混合法"是中国法律文化的内在传统,它作为一种内在的传统深刻地影响并塑造着中国古代社会乃至现代社会的法律实践活动.中国的"混合法"根植于古典社会的生活实践活动,表现在古文字系统、思想价值、法律规范和人法并重的治理方略之中.它不仅是一种实际的历史存在,而且延续至今依然表现着强大的生命力,尤其是在当代世界法律文化日益走向融合之际,"混合法"的理论和现实价值显得更为突出.     

Social Justice and Environmental Management: An Introduction

Social Justice Research -     

Kelsen,Authority and Competence: An Introduction

Law and Philosophy -     

Luis Alfredo Garavito Cubillos: criminal and legal aspects of serial homicide with over 200 victims

This is the first scientific report on the crimes of the homosexual paedophile sadist Luis Alfredo Garavito Cubillos, based on a research stay of the authors in Columbia, and including discussions with the investigators, and the offender. Between 1992 and 1999, Garavito killed more than 200 children in the core age span between 8 and 13 years (as an exception, 6 to 16 years). His modus operandi remained stable. During daytime, he lured children of a lower social status out of crowded parts of the city into hidden areas that were overgrown with high plants. Garavito promised either payment for easy work, or drugs, or made other socially believable offers. The children were tied up, tortured, raped, and killed by at least one cut in the lateral part of the neck, or by decapitation. During the killings, Garavito was drunk. Even after his arrest (for attempted sexual abuse under a wrong identity) it was not immediately possible to track his crimes since Garavito had frequently changed his places of stay and his jobs. He also grew different hairdos and used wrong names. During his still ongoing confessions, he directs the investigators correctly to all scenes of crime spread over large parts of Columbia. In our report, we give an overview over the course of investigations, hint to similarities in the cases of the German serial killer Denke (1920's) and homosexual paedophile serial killer Jürgen Bartsch (1960's), and give preliminary impressions on the offender's personality. Furthermore, the violent environment and juridical peculiarities in Columbia are discussed. In spite of a total penalty of 2600 years in prison, it is formally well possible that Garavito will be released out of prison within the next 10 to 20 years, i.e. even before the maximum sentence of 40 years will be over.     

An Introduction to Biometrics and Large Scale Civilian Identification

This paper introduces the reader to biometrics and explains how modern biometric technology is used for verification and identification of individuals. It begins by defining the specialist terms used by the biometric industry. It then goes on to consider the difficulties of using biometric technologies in large-scale civilian environments such as National Identity schemes. The paper concentrates on the practical difficulties of accuracy and scaling and considers some fundamental limitations. After establishing that such large scale schemes are difficult to implement, it reflects on how biometric technologies have been adapted and augmented to cope with these challenging situations. The paper concludes by looking at the likely future of such schemes and the likely advances in biometric technology.     

荷兰行政强制法律制度简介

根据荷兰行政法学界的理解 ,行政强制有三方面的法律特征 :行政强制属于行政制裁 ;行政强制是补偿性制裁 ;行政强制的目的是阻止违法。《荷兰行政法通则》对行政强制的立法规定集中体现在该法典的第五章 ,包括监督检查、强制措施和执行罚三部分。     

Longitudinal Analysis: An Introduction to the Special Issue

Introduction

Longitudinal Analysis: An Introduction to the Special Issue     

法国著作权法的最新重大改革及评论

一、引论 2006年8月11日<信息社会中的著作权与相邻权法>(以下简称"新法")出台经历了极其漫长、痛苦的过程.激烈的辩论、意见的反复以及利益集团间的博弈使得该法律几度产生戏剧性的变化,而其中还夹杂着诸多令人意外的政治变数.