生命预嘱制度建构初探简

生命预嘱（Living Will）是人们事先也就是在健康或意识清楚时签署的,说明在不可治愈的伤病末期或临终时要或不要哪种医疗护理的指示文件。生命预嘱尊重患者的医疗自主权,强调了医护人员和患者及家属之间在医疗工作中的合作关系,是医学领域中必要的创新。事实上,由于种种原因,在中国临终放弃治疗已经相当普遍,但对临终患者是否可以预立生命预嘱,告诉医护人员他是否想要手术,插管进食或使用呼吸机来维持生命,我国法律尚无此类规定。由于缺少相关法律制度对医师的行为进行有效的保护和约束,临床实践中医师对临终患者的处理做出决策相当困难。就死亡过程而言,社会提出了明确要求,法律就应当认真对待。本文通过介绍国内外的生命预嘱立法及其实践情况,了解实践中生命预嘱在我国的存在空间,探讨我国未来生命预嘱的立法思路,为我国未来生命预嘱的主要制度的构建略尽绵薄之力。     

Proportional Representation and Female Parliamentarians

This article asks, “What effect does the choice of a nation's electoral system have on the gender composition of its parliament over time?” I find that the electoral system has an important part to play, but previous work has overstated, by factors of between two and three, how much of a difference an electoral system can make. This article contributes an updated nonlinear theory of female representation, an improved dataset on women's representation across space and time, and more modern statistical techniques than previously used in research on this question.     

THE ROLE OF SOLICITORS IN DIVORCE PROCEEDINGS*

“I was walking down the boulevard one day with my sister who was down for a week's holiday. She said off the cuff ‘When are you going to get divorced?’ I said ‘I don't know.’ Seeing a solicitor's office, I said ‘ I'll pop in here’—just the job, just like going in the shop for a loaf of bread. So I sees the receptionist. She said ‘ I'll see if he can see you straight away.’ Well, he gave me an interview straight away. Within an hour everything was done. He told me to bring all the gen I could in a couple of weeks time, which I did and then we got on with the job.”     

Special Characteristics of the Post-Soviet Political Regime

When the editors of Rossiiskaia gazeta asked me to write an article on Russia's future policy toward Asia, they did not catch me completely unawares. I have been thinking about this now extremely complicated problem for a long time. Here I attempt to share my preliminary conclusions. I am not sure that these conclusions are final, but we must initiate a discussion.     

The impact of demographic and socio-economic change on the living arrangements of the elderly in Sundsval,Sweden, during the nineteenth century

The essay examines the impact of socio-economic and demographic change on the living arrangements of different groups of elderly in Sundsvall, an industrial town in nineteenth-century Sweden. The proportion of old parents having children living nearby was stable throughout the century, although the proportion living in the same households as their children decreased over time, probably because the children had the economic resources to form households of their own earlier. The proportion of elderly not having relatives at hand increased, however, due to a higher proportion of unmarried old persons, many of whom had in-migrated to Sundsvall late in life.IntroductionChildren's responsibility for their old parents was deeply rooted in preindustrial Sweden. In medieval legislation, it was already stressed that the main responsibility for caring for the elderly lay with the family. The fountainhead of this obligation can be found in the Fourth Commandment: “Honor thy father and thy mother.”     

关于案例指导制度在中国建立的两个困境

我很想对案例指导制度讲一些话,因为前些年在郑州法院搞先例制度的时候,我曾经实地考察过,也和当时的院长比较细致地探讨了这个问题,和他们两位法官也讨论过。两位法官和我有一番论证,他们俩是坚决反对,认为一个区法院怎么可以搞一个先例制度呢？他们认为至少应当在最高人民法院或者是高级人民法院这个层次。     

New Labour’s communitarianism,supporting families and the ‘rationality mistake’: Part II

In Part I of this study, we argued that New Labour is keen to use legislation to promote what it sees as desirable family forms and to discourage other, less-favoured family practices. The codification of this approach in the 1998 Green Paper Supporting Families - and, in particular, the 'New Deal for Lone Parents' - was compared with recent empirical research on how people make decisions about their moral economies. We concluded that the government's approach is subject to a 'rationality mistake' - people do not make decisions in the way the government assumes and hence legislation can be inefficient or even oppressive. Here, we examine this contention further, this time focusing on chapter 4 of the Green Paper, indicatively entitled 'Strengthening marriage'. Using recent empirical research on mothers' views on marriage and cohabitation, we find further evidence of the 'rationality mistake', where the government has misunderstood the ways in which people make decisions about partnering and hence misplaces the role of family law. We conclude that supportive and flexible legislative frameworks are needed that recognize the varying ways in which people take moral economic decisions.     

Living and learning in Tacna,Peru

I spent the summer after my first year of college in Tacna, Peru. I lived in community with five Peruvian nuns and worked in the school where they were the administrators. I was completely immersed in the culture and language as no one spoke English. It was an experience that allowed me to connect with new ideas about community and social justice, ideas that have contributed to the way I have come to understand my position and my responsibilities in my global community. When I returned home from Peru, I wrote this reflection about my experience adapting and living in this wonderful and vibrant community.     

The Liability Rule,Proprietary Remedies and Body Parts

Sometimes courts and commentators disavow a proprietary approach to excised body parts in the belief that non-proprietary remedies are adequate to the task. A belief of this sort, this type of conceptual resistance to the application of property law to body parts, is allegedly captured in the compendious expression known as the liability rule. Moore v Regents of the University of California clearly illustrates this type of opposition. Some recent scholarship has also tried to ground this sort of exclusive non-proprietary approach to body parts in the liability rule component of the analytical framework developed by Calabresi and Melamed. This piece interrogates the idea that nonproprietary causes of action should exclusively furnish the applicable theory of liability in relation to body parts; it suggests an understanding of the theoretical framework of Calabresi and Melamed which facilitates a proprietary approach to body parts along with current non-proprietary approaches. I argue that property, liability and inalienability rules basically serve the same purpose (protection of an entitlement in the nature of a property interest) and that the difference amongst them is one of degree rather than nature; also, none of the triad applies separately and independently of one another. Thus, I suggest that the liability rule is not essentially non-proprietary and could be used to protect a proprietary entitlement. I tested my understanding of Calabresi and Melamed’s framework against a case that involved damaged kidney in order to show the difference the framework, as conceived by me, could make to the remedial fortunes of a claimant in body parts’ litigation.     

隐私的价值独特性:个人信息为何应受保护?

要想准确理解已经开始施行的《个人信息保护法》,就必须恰当回答“个人信息为何值得保护”的问题,而这个问题的答案经常与“隐私”的价值关联在一起。但是,对隐私的理解,主要被一种“隐私并不具备独特价值”的化约论所统治;因此,只有击败化约论,才能最终证明隐私的价值独特性,也才能最终说明隐私为何值得保护。击败隐私化约论最主要的理由是,如果认为隐私不具备价值独特性,那么对任何特定个体而言,就只能提供“我是我”的对待,而这种对待将会带来贬损、甚至否认“我是人”的结果,这将会严重损害人的尊严。     

Elderly widows and widowers and their coresidents in late 19th- and early 20th-century England and Wales

This article examines the family and household patterns of widowers and widows in England and Wales between 1891 and 1921 in terms of the proportion of widowers and widows who lived with never- or ever-married children, servants, or inmates, with nonrelatives only, or on their own. The absence of marked change between 1891 and 1921 in the frequency with which elderly widowers and widows lived with a married or never-married child are in line with the Laslett [J. Fam. Hist. 12 (1987) 263.] expectation that family patterns evolve only slowly, certainly much slower than the forces of political and economic change. Where changes can be detected, as in the decline in frequency of coresidence with servants or inmates, these changes were experienced by the younger as well as the older widowed and by married people. Apparently, the residence patterns of the elderly widowed changed due to the introduction of means-tested old-age pensions in 1910. A second investigated is the extent to which the socioeconomic environment influenced the residence patterns of the widowed in a given time period. The effect in general proves to be weak with little difference between one environment and another in the frequency with which widowers coresided with their children and evidence of gender balancing of the household (relatively more widows living with sons and more widowers with daughters) visible only in agricultural environments.     

Elderly widows and widowers and their coresidents in late 19th- and early 20th-century England and Wales

This article examines the family and household patterns of widowers and widows in England and Wales between 1891 and 1921 in terms of the proportion of widowers and widows who lived with never- or ever-married children, servants, or inmates, with nonrelatives only, or on their own. The absence of marked change between 1891 and 1921 in the frequency with which elderly widowers and widows lived with a married or never-married child are in line with the Laslett [J. Fam. Hist. 12 (1987) 263.] expectation that family patterns evolve only slowly, certainly much slower than the forces of political and economic change. Where changes can be detected, as in the decline in frequency of coresidence with servants or inmates, these changes were experienced by the younger as well as the older widowed and by married people. Apparently, the residence patterns of the elderly widowed changed due to the introduction of means-tested old-age pensions in 1910. A second investigated is the extent to which the socioeconomic environment influenced the residence patterns of the widowed in a given time period. The effect in general proves to be weak with little difference between one environment and another in the frequency with which widowers coresided with their children and evidence of gender balancing of the household (relatively more widows living with sons and more widowers with daughters) visible only in agricultural environments.     

Enhancing climate resilience of transboundary water allocation agreements: the impact of shortening the agreement’s lifetime on cooperation stability

Efficient use of transboundary rivers under climate change requires periodic adaptation of their governing regime to the hydrological realities of the basin. Applying a short-term time horizon to an agreement on water allocation can make it easier for the riparian states to update the terms of their cooperation periodically, and thus, adapt them to changes in water availability resulting from climate change. However, agreements with a pre-agreed termination date can only increase the efficiency of water use if they lead to a stable cooperation. In this paper, I analyze how riparian states’ previous knowledge of the termination date of a water allocation agreement affects the agreement’s stability. The results show that when riparian states are aware of the agreement’s termination date, there is a higher chance for them to free-ride. However, certain cases may occur in which previous knowledge of the agreement’s termination date can contribute to the stability of an agreement by enforcing compliance.     

Aftercare,the Neglected Phase of Adolescent Treatment

Although the modern placement facility can usually minimize problem behavior during the time that a juvenile offender is in residence, the lack of professional help afforded an adolescent upon returning home often leaves him all too prone to revert to his former behavior patterns. As a counteractive measure, it is suggested that the present approach of relying too heavily on placement to effect behavioral change be abandoned in favor of programs which view placement as only the initial phase of a more inclusive treatment approach which actively involves family members and the home environment as part of the therapeutic process. In effect, this would mean altering the present concept of aftercare, in that re-integration into home and family would be a gradual process which actually begins during the early weeks of placement. It is recommended that a home should be viewed as the main living environment in which new behaviors can be practiced, and that the present attitude that home visits are a privilege be abandoned. It is proposed that this approach, which would include counseling sessions within the home environment and first-hand observations by the staff of problems as they develop within the family or community, would not only be very practical but also quite effective in helping the adolescent and in combating recidivism.     

The foster family in Poland,a custodial and educational environment (XX – the early XXI centuries)

ABSTRACT

A thorough study of the sources made it possible to conduct a retrospective analysis as well as outline normative and legal principles of the foster family in Poland as one of the main forms of child custody in the XX – early XXI centuries rooted in national traditions and social legacy. Foster family formation and early functioning indicate that its value depends on who is entrusted with a child to care for, what child is to be placed in foster care, what kind of support a foster family could expect, what control is exercised over it. The second half of the XX – the early XXI centuries mark the evolution of the legal and regulatory framework underlying foster care, one of the main institutional forms of child custody in Poland. It appears that the foster family provides a child with proper living conditions and a favourable environment for its education and socialisation, closest possible to those in a natural family. To this end, the state is to make sure that potential foster parents are properly trained. The development of foster care speeds up in the 1970’s and 1990’s. We have discovered that at the turn of the century, foster family functioning, provision of care and adequate conditions for a child’s development and upbringing etc. are defined by the social policy of the state. Of great significance for the international community is the Polish experience regarding the requirements for foster family candidates, children’s placement in such families, material assistance, foster parent salary calculations; the amount of money biological parents must pay for their child’s placement in a foster family. In modern Poland the foster family is an important social institution which promotes the development of a child deprived of parental care and is prioritized over other institutional forms of care.     

Authoritarianism,creativity, and other aspects of a prison organization

Conclusion This analysis shows that no simple explanation will do when trying to understand a prison. The authoritarian aspects were very negative to me as a professional working there. I did not like being blamed for things I did not do, or being sent to numerous required training programs, almost all of which were worthless for me, telling me thing 1 already knew or could not use. However, there were positive sides to the prison, especially in the treatment aspect. In 1972 Messinger wrote “I must take the position that prisons and custodial mental hospitals should be abolished” (Messinger, 1972, P. 6). His position was that these institutions are so inhumane that society would be better served by their abolition. We probably need more analyses like the present one, and other studies which rely more heavily on more gathering of quantitative data in order to understand what prisons are really like. Only then can we make informed choices, without depending on stereotypes.     

Justice as freedom,fairness, compassion,and utilitarianism: How my life experiences shaped my views of justice

This essay lays out my definition of justice and traces the origins of its conception. I identify and discuss very specific life experiences and how they have affected my understanding of justice. Specific incidents include early childhood experiences, key events in adolescence, and the most important episodes from early adulthood. I examine my own family conditions and early relationships and consider the influences of certain television shows and music in childhood and adolescence. I also discuss the effects of various educational experiences. The culmination of these life experiences was the emergence of a very strong sense of justice, reciprocity, and compassion for others, particularly for the least powerful and most vulnerable in our midst. These experiences in essence pushed me into the field of criminal justice and into the worlds of academia and social justice activism. They also allowed me finally to see my mission in life and to understand how all my life experiences have shaped my sense of justice.     

Professor Stanley Cohen: an appreciation

Like so many others, I am saddened by the death of Stan Cohen, my PhD supervisor, mentor, and supportive friend at a particularly difficult time in my life. I first met Stan in summer 1976, when I was applying for a PhD place. In awe of the author of Folk Devils and Moral Panics, a book which did so much to open criminology up to the sociological imagination, I was soon at ease and enjoying a wide-ranging conversation, with the difficult questions posed gently and seemingly lightly, that was Stan's distinctive style. Stan was, of course, the perfect PhD supervisor: always encouraging; nudging me back in the right direction when I was veering off-track. I began my teaching at Essex, and the deviancy ‘dream-team’ – Stan and Ken Plummer – was the best possible start to an academic career.     

家庭的民事主体地位

家庭是一种独立的社会组织,为了自身的生存和履行其社会职能,家庭在客观上具有作为民事主体的必要性,事实上也已经是民事法律行为的实施者。家庭具有独立的意志和财产,在法理上具备作为民事主体的一般条件,现行的国内外法律也在一定程度上承认了家庭的民事主体地位。     

浅议面对我国青少年犯罪问题的政府作为

时代高速发展的今日，伴随着人们生活水平的提高的同时，城市犯罪率也节节攀升，而其中犯罪更有向年轻化发展的趋势。犯罪年轻化问题，特别是青少年犯罪，严重威胁了我国的正常运行，具有不可预计的潜在危害性，急需政府采取失当行为应对。究其原因，除了与社会环境、思想观念的变化密切相关外，更涉及社会制度、家庭管理和个人素质等各个层面的原因。政府在面对犯罪年轻化问题时，可通过完善社会制度、改善社会风气、强化各方监督体系等方面加强管理，以减少青少年犯罪为突破口，达到从源头上控制犯罪的目的。