《道德和法律理论中的难题群》

书名 :ＴｈｅＰｒｏｂｌｅｍａｔｉｃｓｏｆＭｏｒａｌａｎｄＬｅｇａｌＴｈｅｏｒｙ作者 :ＲｉｃｈａｒｄＡ .Ｐｏｓｎｅｒ出版 :ＴｈｅＢｅｌｋｎａｐＰｒｅｓｓｏｆＨａｒｖａｒｄＵｎｉｖｅｒｓｉｔｙＰｒｅｓｓ,1999,32 0 ｐｐ ;Ｃａｍｂｒｉｄｇｅ ,ＭａｓｓａｃｈｕｓｅｔｔｓａｎｄＬｏｎｄｏｎ ,Ｅｎｇｌａｎｄ .评论人 :ＩｒａＬ .Ｓｔｒａｕｂｅｒ,ＤｅｐａｒｔｍｅｎｔｏｆＰｏｌｉｔｉｃａｌＳｃｉｅｎｃｅ ,ＧｒｉｎｎｅｌｌＣｏｌｌｅｇｅ .Ｅｍａｉｌ:Ｓｔｒａｕｂｅｒ@ｇｒｉｎｎｅｌｌ.ｅｄｕ译者 :陈欣新校者 :吴玉章《…     

The judge,the academic and the public intellectual: the totemic scholarship of Richard A. Posner

Richard A. Posner plays a totemic role within law and economics, and not only. His scholarship is so wide to the point that it is quite impossible to face any topic without finding a seminal contribution by him. This introduction presents a special issue devoted to Posner’s scientific and academic work.     

信号传递、社会规范与法律——评Eric A.波斯纳的《法律与社会规范》

长期以来,对社会规范的研究并不是法律经济学的重心,人们更关注正式的法律制度.这表现在,当权利交换需要一个初始界定时,当个体理性与集体理性发生冲突时(如囚徒困境[1]、公地悲剧[2]以及其它的集团行动问题[3]),人们更容易想到的是法律,而不是社会规范.     

综合安全理念与社会公共安全

一．安全防范——以人为本的综合安全理念 1．安全的两种理解     

马克思与波斯纳的经济分析法运用比较

当代西方法律经济学中所运用的经济分析法与马克思主义法学甚至哲学中的经济分析法具有相同的名称甚至某些近似的表象.本文分别论述了这两种经济分析法的不同含义--一个是为了分析的便利而提出的学理假定,一个是对人类社会发展的客观规律的描述与预测;它们的出发点和着力点--一个是别具体事件和行为的微观阐释,一个是对人类社会整体的宏观解读;以及它们明示或暗示地确定的衡量标准--效率与进步;从而指出了这二者之间的区别与联系.     

A response to Rynerson and Fishel (1993)

According to Rynerson and Fishel (1993), domestic violence is a widespread problem deserving research attention, specifically with regard to measuring treatment program outcomes that result in decreasing the incidence and prevalence of domestic violence. While we convey our respect for their exploration in a much needed area, we found a lack of connection between program effectiveness and the variables investigated: locus of control and relationship satisfaction. Moreover, there are several shortcomings with the sample and other methodological problems which weaken the validity of their findings.     

Richard Mullender,Matteo Nicolini,Thomas D.C. Bennett and Emilia Mickiewicz (eds): Law and Imagination in Troubled Times. A Legal and Literary Discourse

Liverpool Law Review -     

O.J.'s defense: A reductio ad absurdum of the economics of Coase and Posner

A reductio ad absurdum takes the principles of a doctrine, applies them exactly as their creators did only to an entirely different subject and with horrendous results, and thus shows what absurd conclusions are logically compatible with the original thesis. This article applies the tenets of the Chicago law and economics tradition, as adumbrated by two of its most distinguished practitioners, Coase and Posner. It shows that on the basis of this canon a case can be made out for freeing O.J. Simpson—even if he did indeed kill his wife. The article is an attempt to show that the libertarian reliance on personal and private property rights is a much more robust thesis than the Chicago precept of wealth maximization.     

The new surveillance: Electronic technologies and the maximum security society

Conclusion Gary Marx' Undercover provides a fine basis for fuller sociological analysis of electronic surveillance in the late twentieth century. He is correct that new technology is implicated in a new surveillance, although the interplay between social and technological factors must constantly be in view. Above all it is computers, or, more properly, computers-plus-telecommunications that facilitate the new surveillance. They do so by allowing for the creation of novel categories of personal data, seen especially at present in computer matching. But they may also be enabling anather new departure, the integration of moments of surveillance once the province of quite distinct social institutions.The threat of a maximum security society emerging within the very liberal democratic contexts that cherish (above all economic) liberties is a reality. But fresh social analysis is called for, as the popularly-used and illuminative panoptic concept suffers from a number of basic flaws, and because we have yet to connect satisfactorily the equally pertinent themes of privacy and freedom. Modern social control seems to utilize several different disciplines, often acting in concert but in complex ways. The fact that some of the most potent arise in situations as apparently innocent as buying a restaurant meal with a credit card should not lull us into thinking that they are any less worrisome than certain undercover police tactics.