The Structure of Censorship Attitudes

Research about censorship attitudes across disciplines shares the normative goal of predicting and modifying attitudes perceived as either too permissive or too restrictive. Understanding attitude structure is important to achieving this goal. This study explores the intra-attitudinal structure of public censorship attitudes, specifically the general tendency to endorse particular government actions. For twenty-one scenarios, respondents indicated their agreement with each of five possible government reactions: prior restraint; subsequent punishment; time, place, manner restrictions; allow, and protect. Scale scores were computed for each government response. There are strong correlations between the two punitive restriction options and between the two permissive government responses. The time, place, manner response option related moderately to the other scales. Additional structural information is provided by examining scale relationships with other variables: gender, liberal-conservative self-rank, religiosity, need for cognition, authoritarianism, neuroticism, openness, and extraversion.     

羁押必要性审查制度研究

我国在最新修订的法律及各种规范性文件中对羁押制度进行了修改与完善,其中修改后的《刑事诉讼法》确立了必要性审查程序,而最新的《人民检察院刑事诉讼规则(试行)》则对此进行了细化,通过多个条文予以具体规定,对审查主体、内容、方式等问题进行了初步的规定。由于法律和司法解释的规定都相对比较原则,导致该项制度在实施过程中仍存在程序规定不细致、审查标准不明确等问题。我们应在理清羁押及羁押必要性审查的概念、羁押必要性审查的理论基础及价值目标等基础理论的前提下,梳理出我国羁押必要性审查制度的立法现状,并在此基础上正确理解我国羁押必要性审查的性质、涉及的诉讼阶段、审查的案件范围、实施审查的工作主体等基本问题,进而结合基层检察工作实际,构建一套符合立法意旨且切实可行的羁押必要性审查机制。     

论民事诉讼立案审查制度

在民事诉讼中,对于当事人的起诉,国外大多数国家实行立案登记制度,我国实行程序审查和实体审查相结合的立案审查制度。这种制度存在很多弊端,有人主张废除该制度,实行立案登记制度。这种观点值得商榷,对现行程序审查和实体审查相结合的立案审查制度进行改良而不是全盘否定,似乎更符合我国的国情。     

Research on the Censorship Institution of Civil Appeal

我国民事诉讼立法对于提起上诉的条件仅规定了形式要件,缺乏实质要件的内容,这与理论上对上诉权的不适当定位关系密切.上诉权作为一项程序性权利,必然受到程序进行规律的制约,而不应当视为一项当然性权利.在此前提下,借鉴国外的上诉审查理念和制度,结合我国实际情况构建我国的上诉审查制度.     

民事上诉审查制度研究

我国民事诉讼立法对于提起上诉的条件仅规定了形式要件,缺乏实质要件的内容,这与理论上对上诉权的不适当定位关系密切。上诉权作为一项程序性权利,必然受到程序进行规律的制约,而不应当视为一项当然性权利。在此前提下,借鉴国外的上诉审查理念和制度,结合我国实际情况构建我国的上诉审查制度。     

Toward a theory of reproduction

Summary In this article I have attempted to theorize the relations of reproduction in a manner that makes their operation in history more apparent. Using an historical materialist analysis, I have diverged from previous analysis by situating reproduction in the base and positing a co-determinative relation between production and reproduction. I have argued that due to the distinctly different dynamic of reproduction, its longer completion time and its political subordination in class societies, we must pursue different research strategies than those used to illustrate the impact of production on reproduction. This article serves only to give the broadest outline of concerns and questions to focus upon in developing new strategies. As such it suggests that the ubiquity of patriarchy and its preservation, even in the face of structural contradictions with production, provide a starting place for such inquiry. To this end I have developed a model of the modes of reproduction in order to rediscover reproduction in history, its dynamic and its interaction with production.This perspective permits us to reanalyze old rules and customs previously understood exclusively as rules of production (e.g., rules of inheritance and property, certain labour and welfare laws), and discover within them the impact of the reproductive as well as the productive imperative. The model emphasizes the inextricable connection between production and reproduction at the same time that it calls attention to the distinctiveness of their dynamics. Dynamics which, because of their distinctiveness, do not automatically guarantee balance between the two spheres. Hence the continuous necessity for socially engineering this balance, a necessity requiring even more intervention as the two spheres become structurally more alienated.     

Dimensions of Censorship: Reconceptualizing Public Willingness to Censor

First Amendment scholars and advocates have often criticized the American public's inconsistent dedication to free expression. Many studies have attempted to identify variables that predict pro-censorship attitudes, but such relationships remain largely enigmatic. The confusion is due, in part, to the myriad ways in which censorship attitudes have been conceptually and operationally defined. Informed by First Amendment theory and case law, a conceptual and operational approach to measuring these attitudes is proposed and tested. The results show it is important to conceptualize censorship attitudes as multifaceted.     

论宪法法院审查制的成因

一、宪法法院审查制的现状及基本特色在宪法中最早明确规定设立宪法法院的国家,是1920年的奥地利共和国。此后,这类违宪审查体制在欧洲大陆法系国家迅速发展起来。除原来的一批欧洲国家如联邦德国、意大利、奥地利、西班牙、土耳其等比较早地实行这类体制外,原苏联的加盟共和国在苏联解体而独立后,其中的一些国家也设立了宪法法院。东欧和南欧原来的一些社会主义国家为配合最高国家权力机关实施宪法监督权,同时也基于地域和理念的因素,曾经设立了宪法法院,实行不完全的宪法法院审查制,如南斯拉夫、捷克斯洛伐克等,这些国家在剧变后更建立了完全的宪法法院审查制。身处亚洲的韩国,由于在法律理念上更接近于德国,于1988年成立了宪法法院,实行与德国相类似的宪法法院审查制。目前世界上实行这类体制的国家为40余个。该体制以德国为代表,故被称之为"德国型",同时因其具有现代理念,又被称为"现代型"、"宪法秩序保障型"。     

Newspaper Theft,Self-Preservation and the Dimensions of Censorship

One of the most common yet understudied means of suppressing free expression on college and university campuses is the theft of freely distributed student publications, particularly newspapers. This study examines news accounts of nearly 300 newspaper theft incidents at colleges and universities between 1995 and 2008 in order to identify the manifestations and consequences of this peculiar form of censorship, and to augment existing research on censorship and tolerance by looking, not at what people say about free expression, but at what they do when they have the power of censorship in their hands. Among the key findings is that men commit nearly 70% of newspaper thefts, which is inconsistent with much of the existing research on censorship and gender, and that those who censor college newspapers are far more concerned with their own self-preservation than with shaping public dialog on controversial social or political issues.     

Toward a New Legal History of Capitalism and Unfree Labor: Law,Slavery, and Emancipation in the American Marketplace

New work on the “history of capitalism” reveals how the personal freedom enjoyed by people living within the liberal capitalist mainstream is often purchased by coerced labor at the social margins. Walter Johnson's book River of Dark Dreams: Slavery and Empire in the Cotton Kingdom makes this argument with force, utilizing the concept of “slave racial capitalism” to suggest how race‐based slavery constituted a necessary component of early American economic expansion. Using Johnson's framework as a starting point, this essay argues that the legal institutions of property and contract, institutions underwriting a genuinely “slave racial capitalist” regime, also contained certain subversive possibilities within themselves, eventually challenging unfree labor as a modality of rule within the modernizing United States.     

Toward a Victimology of State Crime

State crimes have been studied by criminologists for nearly three decades. While far from stagnant, research and theory in this area of criminology have not developed at the pace one may have expected a decade ago. In an attempt to rejuvenate the study of state crime, we first identify and review the various types of victims and victimizers of state crime identified in the criminological literature. By employing a previously created typology of state crime, we discuss how individuals and groups of individuals can be identified as state crime victims in both domestic and international contexts. We then highlight the common themes involved in the victimizations, and offer six inductively generated propositions intended to facilitate future developments in the victimology of state crime. This revised version was published online in July 2006 with corrections to the Cover Date.     

Toward a Theory of Prisoners' Rights

This paper explores the issue of prisoners' rights. The conditions of incarcerated people in jails and prisons include psychological and physical deterioration brought on by their condition of confinement. The one sanction that has been debated extensively in the United States is the death penalty. Yet there are numerous losses or deprivations short of death that we might impose on legal offenders. In addition to broader issues such as the nature of rights and the basic moral rights possessed by individuals, issues specific to the rights of serious legal offenders are distinguished and discussed. The latter issues include whether offenders forfeit all or some of their moral rights, whether their retained rights are less stringent, whether the state has any obligation to facilitate exercise of their retained rights, and what specific rights prisoners retain or acquire.