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。     

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.     

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.     

Transphobic discourse and moral panic convergence: A content analysis of my hate mail

Recently, new social anxieties about transgender people have begun to emerge, framed as an issue of “grooming”—a term typically used in the context of child sexual abuse. In this way, moral panic about transgender people seems to be merging with oft-repeated social fears about pedophilia, resulting not only in policies criminalizing trans people and their allies but also in escalating hatred and threats toward trans-affirming educators. This pattern requires further inquiry. As a trans academic who has been at the center of moral panic, my own hate mail can provide material for this exploration. I conducted a content analysis of 231 letters and e-mails sent to me containing messages of hate, to answer the following research questions:

1. What beliefs and understandings did my correspondents indicate having about me and my research?
2. To what extent did my correspondents’ beliefs and understandings about me reflect intersecting contemporary moral panics around trans and queer people, pedophilia, and educators?
3. What stated or implied goals did my correspondents aim to achieve by writing to me?

The findings of this study can add to understanding of how moral panics can converge, and the consequences of their convergence for marginalized groups in academia and beyond.     

Searching for coherence in the law of involuntary manslaughter: The English experience

B.A., Cornell University 1970; J.D., Duke University 1970. I am indebted to my colleagues Carolyn Hamilton and Janet Dine, as well as to Andrew Ashworth of King's College, for their useful comments. That in the final analysis I may not have followed some of their suggestions does not detract from their value in helping me to formulate my ideas.     

Critical justice consciousness: Social injustice and the criminal justice system

In this essay I examine the importance of social justice to my identity and the changing interpretation of my “justice consciousness” resulting from changes in my work life. Drawing on my academic experience as well as my experience as an attorney, I describe the meaning that social justice has for me. I also examine the connections that I see between social injustice and the operation of the critical justice system.     

赵大程副部长在第九批中国委托公证人（香港）新增委托暨第六至八批中国委托公证人（香港）连续委托颁证仪式上的讲话

很高兴在春暖花开的时节与各位新老朋友相聚在祖国首都北京，为荣获新增委托的40名中国委托公证人和荣获连续委托的123名中国委托公证人举行颁发委托证书仪式。首先，我代表司法部和吴爱英部长向获得新增委托和连续委托的163名中国委托公证人再次表示祝贺!     

Book Review

One of the most important influences on my perspective on justice has been my Christian faith, and, in particular, my roots in evangelical Christianity. Because of the media’s too frequent portrayal of evangelical Christianity as monolithic in its political viewpoints, many may doubt that evangelical Christianity has much to contribute to the discussion of social justice. In fact, evangelical Christianity is actually multivocal, and the evangelical left’s views on social justice have been life changing for me. This essay describes that influence.     

饱学之士的睿智和从容

芮沐老先生是我的恩师，是我的益友，曾给我莫大的支持与帮助，在我法学思想的形成以及为人处事的态度上，有着无可替代的深刻影响。     

Embracing Emotionality: Clothing My “Naked Truths”

There is increasing awareness and recognition that researchers’ emotions will contribute to a richer and deeper understanding of what they are studying. Researchers’ emotions as analytic tools are particularly relevant when working with marginalized or oppressed groups because of the emotional aspect generally associated with human suffering. This paper discusses how adopting a reflexive practice can help researchers embrace and use their emotions as a part of the research process, enabling a more humanistic approach to studying crime and those whose marginalization and oppression are intricately tied to their crime. More specifically, this paper examines my own experiences of doing research with Aboriginal female offenders in a federal prison. I problematize the process of embracing emotionality by reflecting on the paralysis that evolved in my research with these women as I experienced an overwhelming sense of despair and hopelessness. I contend that social science in the academic arena, not unlike many other institutions in society, has adopted a method of surveillance thereby instilling a sense of fear and judgment upon those working in academic arenas. After describing my reflexive process throughout this emotional paralysis, I describe my discovery of safe spaces as a way of dealing with my emotions and how engaging in creative analytic practice enabled me to clothe my nakedness and vulnerability as I represented, and ultimately re-created my self in the research process. As part of that evolution, embracing emotionality ultimately enabled me to engage in knowledge building as well as advocacy with and for Aboriginal women in prison.     

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.     

From One Liberal to Another

Boris, don't get upset if I address you, the sovereign, in such a familiar way. I have my reasons. After all, as regards our ages, you could be my son. I lived in the West, more specifically in England, for almost ninety-two years. Of course, this was long ago, in the seventeenth century. But the period was—let me put it to you bluntly—very satisfying and very instructive, especially for sovereigns. Marxist historians call it the period of the English bourgeois revolution of the seventeenth century, claiming to see in these horrendous events the progressive course of universal history, which it is the task of all other nations and states to emulate. In addition, through the medium of those old events, belonging in spirit to the benighted Middle Ages, a new, progressive page of universal history would be begun. Don't believe them, Boris. Before you, you have an eyewitness and living testimony to the events of that period, one who discerned in them "merely injustice and madness of every sort and how they were brought about by their causes—hypocrisy and conceit, the first of which is a double injustice, and the second a double madness."     

Participation by the Defense Attorney in the Preliminary Investigation

In the broad discussion of the contradictions of socialism as a social system (contradictions of socialism as a world system have not yet been touched upon), quite a few new issues have been defined, and many interesting opinions and by no means indisputable notions have been presented. In light of the existing views, including critical commentary on my own position, let me just share some thoughts on the subject.     

Some remarks on the Gu\underset{\raise0.3em\hbox{agu\underset{\raise0.3em\hbox{ibhedabha\dot nga chapter in Udayana's ātmatattvaviveka

But under the requirement of philosophic consistency, and the impact of the perfectly valid reflection that experience is always my experience, and never part of some object independent of me, the world shrinks to the extension of my experience only, and I am left with bundles of my sensations. What are the natural consequences of such an epistemological sophistication? One plausible and natural reaction is what one might call the ‘Indian’ one. It runs roughly as follows: my experience of the world is, alas, only my experience. It is not ‘the real’. Moreover, the world disclosed in my experience is one of misery, precariousness, insecurity, which ends in old age and death and within which no secure, reliable, undeceptive goods can be found. The flux and precariousness which make it so unhappy a place, also make it most ill-suited to be an object of knowledge. — E. Gellner (1974: 114)     

NARCISSISTIC BORDERLINE COUPLES: IMPLICATIONS FOR MEDIATION*

Suddenly my head begins to spin. I feel dizzy and confused. My head keeps going round and round. In front of me sits a married couple; they go on and on in circles, going nowhere. A feeling of despair overwhelms me as I think to myself, This couple needs to be in therapy. I then realize I am the therapist.     

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.”     

Whose body is it anyway? Human cells and the strange effects of property and intellectual property law

Whatever else I might own in this world, it would seem intuitively obvious that I own the cells of my body. Where else could the notion of ownership begin, other than with the components of the tangible corpus that all would recognize as "me"? The law, however, does not view the issue so neatly and clearly, particularly when cells are no longer in my body. As so often happens in law, we have reached this point, not by design, but by the piecemeal development of disparate notions that, when gathered together, form a strange and disconcerting picture. This Article examines both property and intellectual property doctrines in relation to human cells that are no longer within the body. In particular, the Article discusses the Bilski decision, in the context of life science process patents, and the Molecular Pathology case, in the context of gene patents. For patent law, the Article concludes that the problem lies not with the fact that genes constitute patentable subject matter, but rather with the extent of the rights that are granted. For both property and intellectual property law, the Article concludes that a more careful application of basic legal principles would better reflect the interests of society as a whole and the interests of individual human subjects, as well as the interests of those who innovate.     

Response: The Politeness of History

In my response to the reviews of my book by Marianne Constable, Shai Lavi, and Renisa Mawani, I situate the argument of Common Law, History, and Democracy in America, 1790–1900: Legal Thought Before Modernism within a concern with contemporary forms of historical knowledge. Where contemporary historical knowledge practices subsume their objects of investigation, I adopt the temporality of the object of investigation—namely, the common law—as the structure my book. In different registers, Constable, Lavi, and Mawani urge me to take up more explicitly the foundational questioning about which they care. I welcome their readings. However, given the distinct problematic from which I start, I argue, the book is not in the first instance an argument about the ontology of history or law.     

怀念先贤 品味经典——重读瞿同祖先生的《中国法律与中国社会》

十月初，瞿同祖先生仙逝，学术界同声悼念．法律史学科更以为失去一泰斗级人物。董彦斌先生嘱我写一篇纪念的文字，出於对瞿同祖先生的崇敬，本人也没有过多推辞。但应承下来後．心中也有一些疑惑，踟蹰旬月未得思路。     

The future decisions of RoboJudge HHJ Arthur Ian Blockchain: Dread,delight or derision?,

Steve Saxby's prescient founding of CLSR, two hundred issues ago, encouraged and resonated with my own digital visionary thinking and professional activity in the evolving field of ICT and the Law. From Infolex, the UK's first commercially-available computer-assisted legal information retrieval service, and my APPEAL Report (on the admissibility of computer evidence in court and the legal reliability/security of IT systems), via my Forensic Systems Analysis expert methodology, to the nascent CryptoBlockTV, Steve's scholarly foresight in promoting adventurous exploration of ‘digilaw’ high-ground topics and issues has presented me with opportunities to generate a stream of prescient material, for which I am immensely grateful. And what is beyond prescient today is that the Coming of the Robots is unstoppable. The Artificial Intelligence (AI) Age is upon us; RoboJudge has all but already arrived. While many are concerned about defining and developing Machine Ethics, Castell's Second Dictum: “You cannot construct an algorithm that will reliably decide whether or not any algorithm is ethical” reveals that this is a futile exercise. Algorithms are also pivotal to the current mania for Crypto-Algorithmic Blockchain Technology Initial Coin Offerings (ICOs), with a ‘Crypto Tribe’ of Millennials relentlessly raising billions in real money thereby, to the extent that I have dubbed Crypto the Millennials’ Rock'n’Roll. The seasoned ICT expert professional however bears in mind that there are as yet no ISO standards for blockchain, and there is far more to creating and delivering a complete quality-assured system than just the blockchain component. Furthermore, the legal status of cryptocurrency, smart contract and distributed ledger technology is not clear or uncontentious – and there is already ICO litigation on foot. Nevertheless, taking my limerick-writing Castell GhostWriteBot’s advice, it is perhaps time for my own asset-linked ICO, to launch my CapChere.com concept designed to reboot Capitalism and achieve ubiquitous universal share and wealth ownership. Look out for Castell GhostWriteBot’s account (with or without limericks) of how I fared, in the 400th issue of CLSR.