古代法律与法医学

法医学是因法律的需要而发生发展起来的。古代法律与法医不的关系是研究法医学史的重要课题。关于我国古代法律与法医学的关系已经在拙著《中国古代法医学史》一书中做了比较详细的研究。关于外国古代法律与法医学的关系是研究世界法医学史不可缺少的组成部分。这方面的研究国内尚未见报告，本文根据有关文献资料作一综合介绍。乌尔纳姆法典早在2113～2006BC，苏美尔人（sume－rian）在两河流域南部古城乌尔（今伊拉克境内）第一次建立起统一的国家乌尔（Ur）。乌尔第三王朝的创建者乌尔纳姆的重要历史功绩之一就是编定了一部法典：乌尔纳…     

Ius和right的词义变迁 谈两大法系权利概念的历史演进

<正>一、问题的提出:罗马法上有权利概念吗?"权利"可谓一个老生常谈的话题,但是作为一个独立的概念,"权利"是否从来就有呢?我们的考察从古代法学的最完善形态——罗马法——开始。在罗马法上,"权利"概念出现了吗?现代学者一般认为,在罗马法上,ius被用来表示权     

A HISTORICAL ANALYSIS OF THE LAW OF VAGRANCY

For more than two decades William Chambliss's analysis of vagrancy law has provided criminologists with historical evidence to support class-based explanations for the development of criminal law. Chambliss's use of the historical record, however, is suggestive more than it is conclusive, and recent studies of vagrancy law have exposed important shortcomings in his model. In fact, a systematic examination of the history of vagrancy law reveals that Chambliss's analysis is flawed. Thus. Criminologists should not continue to cite Chambliss's article as an authoritative source on the historical development of criminal law.     

THE AVAILABILITY OF LAW

This article explores the practical skills that agents in the Massachusetts Attorney General's Office of Consumer Protection develop to accomplish their mandated objectives. In the situational structure and processes of discretionary decision making, we find a persistent surplus of enforcement capacity. Although the consumer protection law establishes a variety of sanctions and legal procedures to be used in enforcing the statute, agents frequently invoke infractions of other laws in the course of resolving consumer complaints. They have this flexibility only because laws, in general, are imperfectly enforced. This leaves scope in a particular situation for the invocation of a wide variety of potential violations of, for example, safety and building codes, zoning or license rules, and tax laws, all remotely if at all related to consumer protection. This article demonstrates the skill with which consumer protection officials exercise this discretion and argues that an adequate conception of the role of law ought to take account of the different ways in which law enforcement agents draw from this reservoir of un-enforced law.     

LAW ENFORCEMENT AND THE RULE OF LAW: IS THERE A TRADEOFF?

This essay assesses whether a strong evidence‐based argument can be made to support the proposition that when police violate the rule‐of‐law they do more harm than good with respect to their collective, as well as personal, interests. The assessment is undertaken to counter the common presumption among police officers that circumstances often justify cutting legal corners in the interests of public safety. The essay first examines what research shows about the facilitators of police law breaking. It then examines seven reasons why violating the rule‐of‐law works against the instrumental interests of the police themselves. After assessing the strength of the evidence against the instrumental benefit of violating the rule‐of‐law, suggestions are made about research that is needed to make the case more compelling. In conclusion, the essay discusses how empirical knowledge might be most productively used to change the culture of contemporary policing.     

A BETTER BEGINNING: FAMILY LAW IN THE FIRST YEAR OF LAW SCHOOL

The American Bar Association's Section of Legal Education and Admission to the Bar's Standards Review Committee has focused law schools' efforts to modify their curriculum with an appeal to focus on outcomes and assessments. A cornerstone of the outcomes and assessments discussion is skills training. The committee's call for more skills training has prompted family law faculty to consider innovative methods to bring that training into substantive courses or to bring the substantive curriculum into a skills course. This essay discusses how law faculty are incorporating family law doctrines into first‐year legal research and writing courses.     

THE CHINESE MODEL OF THE RULE OF LAW

China’s project of the rule of law is destined to have its Chinese characteristics. China also needs to think about of the way of developing its own model of the rule of law so as to achieve a rule of law society that is universal in modern society. Many rule of law countries, such as England, Germany and France, started their rule of law project with their own model. China should learn from the merits of these different models. Nevertheless, China should also try to solve the key problem of the rule of law, which is the energizing of the enforcement of the Chinese Constitution.