证券化的若干基本问题

证券化是一种新型的融资工具。与发行股票、债券以及担保贷款等传统型融资相比 ,证券化有着很大的不同。这种不同主要表现在证券化的多面性或复杂性上。正是证券化所具有的完全不同于传统型融资的多面性的特点 ,使它成为一种新型的整合融资。     

关于“利益衡量”的几个法理问题

本文通过对利益衡量存在的场合、概念分析、客观性问题等几个问题的分析 ,力图明确利益衡量的不可避免性。同时 ,利益衡量本身又必须以相关的规则作为制度支撑。     

Some Comments on Toleration

My comments will focus basically on Leader's paper. First, I will make some semantic remarks about the uses of the word "toleration"; second, I will offer some criticisms of Leader's paper; and, finally, I will put forward the outline of a modest proposal.     

Some Myth about Realism

This paper discusses the place of philosophical naturalism in the philosophy of law, with special reference to Scandinavian Realism. Hägerström originated a non‐cognitivist analysis of certain fundamental legal concepts, but he also proposed an error theory. The two approaches are incompatible, but were not always clearly distinguished. Among his followers, Olivecrona and Ross gradually abandoned the latter, at least from the late 1940s. Many accounts of their views are unclear, because the presence of these two kinds of analysis, their incompatibility, and the gradual abandonment of one, has often been overlooked. A corollary of the discussion is that there are some important corrigenda in the entry “Naturalism in legal philosophy” in the Stanford Encyclopedia of Philosophy.     

关于留置权的几个问题

通过对留置权的特征、成立要件、效力、如何行使等问题的阐述，使读者从民法学角度对留置权有一更明确的认识，从而在司法实践中更好地适用留置权。     

Corpus Linguistics as a Method of Legal Interpretation: Some Progress,Some Questions

Corpus linguistics is becoming a respected method of statutory and constitutional interpretation in the United States over the past decade, yet it has also generated a backlash from a group of scholars that engage in empirical work. This essay attempts to demonstrate both the contributions and the risks of using linguistic corpora as a primary tool in legal interpretation. Its legitimacy stems from the fact that courts routinely state that statutory terms, when not defined as a matter of law, are to be given their ordinary meaning. Judges have responded to this challenge, with the assistance of the linguistics community, by using corpora to determine which meanings are ordinary. However, legal analysts have not determined exactly what makes one meaning ordinary and another not ordinary. This gap has led to a level of disagreement in the field. Moreover, while linguists who engage in corpus linguistic analysis typically emphasize the importance of context, the legal application is peculiarly context-free, in keeping with legal philosophies that eschew reliance on reference to a law’s purpose and the intent of the legislature that enacted it. This move adds a political dimension to corpus analysis as a means of legal interpretation. Yet, the article concludes that by relying on a blend of general and specialized corpora, the legal system can substantially reduce the problem of contextualization, as some linguists and practitioners have already recognized.

     

Some Problems of Legal Language

Abstract. The author moves from the consideration of law as a set of rules serving as a means of socially regulating human conduct. He focuses on the fact that in order to fulfil its function, the law must be seen as a type of information. In this perspective law is a particular language and therefore gives rise to linguistic problems, linked to the technical character of juristic discourse. The author deals with some of the linguistic and sociological aspects of legal language and attempts to pinpoint some trends of interlingual development.     

亲权鉴定若干问题综述

对亲权鉴定中遗传标记的研究历史及现状进行了综述，并对国际法医遗传学会亲子鉴定委员会关于DNA生物计算的建议进行了解读。     

确认生父之诉若干问题研究

确认生父之诉是典型的身份关系诉讼,多数国家在立法上将其确立为一种独立的诉讼类型。确认生父之诉的适格原告是子女、子女的母亲或其他亲权人,适格被告通常是父亲,父亲死亡的,可以由他的子女或其他近亲属承继被告资格;在证明责任方面,尽管法院对确认生父之诉实行积极的职权探知,但这不免除当事人的证明责任;确认生父之诉的证明方法主要有间接证明和直接证明,必要时可以采取推定来确定父子关系。     

关于扩大就业问题的几点思考

就业问题是涉及千家万户及国家安定、稳定的重大战略问题。文章从分析我国目前就业状况入手,阐述了出现失业的主要类型及主要原因,进而提出扩大就业的若干政策措施。     

Some scepticism about moral realism

Conclusion The lesson is that while externalists avoid devastating objections to internalist moral realism, they thereby sacrifice most of thepractical significance of moral realism as an alternative to noncognitivism. They defend the objectivity of moral beliefs, but are forced to concede that the practical relevance and appeal of those beliefs depends on subjective desires. It is because they correctly reject internalism that they succumb to the non-cognitivists'tu quoque.     

Some models of academic corruption

The paper notes that while much work has been done in the past on corruption in government and business, relatively little attention has been devoted to corruption in academic institutions. The principal forms of academic corruption are plagiarism and various forms of cheating, research fraud and financial fraud. Two simple mathematical models are proposed for exploring the motivations for (1) plagiarism, which is essentially a solitary crime, and (2) bribery. The responsiveness of the demand for the first of these, and the demand for and supply of the second to changes in underlying parameters are explored.