论仲裁第三人

一、概述 仲裁在解决国际民商事争议中发挥着越来越重要的作用，是越来越受欢迎的解决争议的方式。然而，由于国际交易变得越来越复杂，跨国多方当事人合同争议的增多，仲裁中的某些程序性问题正变得日益突出。…….     

In person

Based in Japan, John Tessensohn is a board member of ShusakuYamamoto, a leading Japanese IP practice. John specializes inpatent litigation, trademark, unfair competition, anti-counterfeitingand licensing matters. Born and raised in Singapore, he holdsan LL.B (Hons.) from National University of Singapore and     

论冲突中的道德和法律

道德和法律的冲突来源于道德的多元化。在专制主义下 ,道德和法律的冲突的调整方式是取消冲突或放任冲突。这两种方式被历史证明是行不通的。适度冲突论是解决道德和法律冲突的设想 ,目的就是要在二者适度的冲突中推动法治不断地进步。     

Morality and the law teacher

Teaching law to business students commonly raises two teaching issues: the tension between what business students require and what law tutors are conditioned to provide, and that business students struggle with the legal problem-solving exercises provided in their assessments. These apparently unrelated needs of business students share common skills: identifying issues, organising and analysing facts, and decision-making. A seemingly unrelated discipline is the science of proof, which was developed in 1913 by John Henry Wigmore.

Wigmore addressed the science with his chart method of analysing facts. He presented a visual method of identifying issues, organising and analysing facts accordingly, and consequential decision-making. These skills can provide genuine benefits for business law students. The key is to adapt the Wigmore model for these needs.

The aim of this paper is to explain the Wigmore chart method, derive the essence of the necessary thought processes, and adapt the chart method to suit the needs of business law students, providing basic skills that will enhance work-related decision-making and academic legal problem-solving.     

Enforcing Morality

In debating Patrick Devlin, H. L. A. Hart claimed that the “modern form” of the debate over the legal enforcement of morals centered on the “significance to be attached to the historical fact that certain conduct, no matter what, is prohibited by a positive morality.” This form of the debate was politically important in 1963 in Britain and America, and it remains politically important in these countries today and elsewhere; but it is not the philosophically most interesting form the debate can take. An older form of the debate appealed to natural law or critical morality. It centered on the question of whether political authorities could properly use the criminal law to enforce critical morality, including prohibitions on conduct that was not harmful or disrespectful to others. This paper engages with this older form of the debate. It offers some reasons for thinking that there is a presumption in favor of the view that it is a proper function of the criminal law to enforce critical morality, including that part of critical morality that is not directly concerned with preventing harm or disrespect to others. It then defends this presumption against some arguments recently pressed by Ronald Dworkin.     

Deception in Morality and Law

Law and Philosophy -     

论道德在法治中的地位

道德与法律的关系始终是法学范畴内倍受人们关注的话题。道德的多元化导致了法律规范的产生,也使得相容的二者之间存在着冲突。历史表明道德在法律体制中有着举足轻重的作用,这决定了我国今天的社会主义法治也不能忽视道德建设。道德的法律化是解决道德与法律关系的一种重要途径,但它只是在立法层面上解决了问题;法律的道德化可以使得制订的法律被自觉、良好地遵守,从而真正实现法治的要求。     

Morality and Law

Abstract. The controversy over law and morality between positivists and normativists is largely a result of failure on both sides to understand the idea of authority. The author argues that Plato, Aristotle, Aquinas and Hobbes held a common notion of legal authority that was distinctively moral. They all saw the virtue of law (and the source of legal obligation) in the equal protection it provides for all against the disorder to which passion makes men vulnerable, and not in the justice of its provisions. Michael Oakeshott, among contemporary theorists, best illustrates this approach to a resolution of the differences between positivists and normativists.     

法律之所遗道德之所补--论依法治国与以德治国相结合

法治与德治是相辅相成的.以德治国同依法治国一样都符合宪法规定.依法治国与以德治国相结合的关键是国家工作人员,特别是领导干部.     

哈贝马斯论域中的法律与道德

本文的研究旨在表明,在重构现代法律的合法性过程中,哈贝马斯所阐述的法律与道德之间的关系是暧昧不清的,这种暧昧不清表现为:一方面,哈贝马斯反对自然法传统中法律与道德之间的等级结构,认为"在后形而上学的论证层次上,法律规则和道德规则是同时从传统的伦理生活分化出来的,是作为两个虽然不同但相互补充的类型的行动规范而并列地出现的".     

On the Relationship Between Law and Morality

Abstract. Instead of being embarrassed and uneasy about the implications of the separation thesis, positivists should welcome the fact that they cannot account for the obligatoriness of law. The rule of recognition is only a social rule and introduces no grounds for obligation.     

论法和道德的现实与未来的冲突及构造

道德是法的价值核心．法是基本道德的国家强制。以建立社会主义法治国家为目标的中国应完成的任务不能仅仅只是法律体系的完备与转型,即停留在道德的法律化阶段,更重要的在于实现法律的道德化,即法与道德的和谐。