“相对合理主义”及其局限性

司法改革的相对合理主义理论主要由三部分组成 :司法改革的长远目标 ,也就是司法合理化的基本标准和改革的方向 ;中国的现实条件对司法合理化的作用 ;在中国的现实条件下 ,可行、有效的司法改革与司法操作的路径与方法。第一部分是讲这一理论的前提 ,第二部分是讲这一理论在方法论上的基础 ,第三部分是讲相对合理主义本身所包含的内容以及它在实践中的运用方式 (这实际是两个问题 )。     

知识产权制度:一致与分化

国家利益和知识产权社会制度知识产权(IPR)制度不是独立于“国家利益”之外而建立的,这个极其简单的问题是不言自明的。在政治发展已达到最低水平的国家也是这样。定义一个国家的国家利益通常是官员们和政策制定者们的事。虽然政府的每项决策并不都以国家利益作为其指导标准,但对于重大的法律和发展制度的选择应该以这个标准为核心。     

禁止单方接触与保障程序公平

禁止单方接触是指禁止有权作出决定的人与其正在处理或即将由其处理的特定事项有关的当事一方在背着其他当事方的情况下所进行的任何接触。实行禁止单方接触规则对于防止法官和行政执法官员的腐败 ,具有重要作用。     

Locational Perception: City Versus Suburban Home-Buying Preference*

This article analyzes the importance of different factors of locational perception and how these factors impact upon home buyers' decisions to choose a certain location (city or suburb) for their purchases. The strength of these perceptions is tested using empirical data from a mail survey conducted in Philadelphia and its suburbs in the summer of 1993. Based on these findings, the author gives policy suggestions to equalize home buyers' perceptions of the city and the suburbs with the goal of encouraging home ownership within the city.     

Legal Translation Versus Legal Interpretation. A Legal-Theoretical Perspective

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - In this article we investigate the relationship between legal translation and legal...     

Self-Regulation Versus Command and Control? Beyond False Dichotomies

The search for regulatory alternatives to command and control has led many commentators to promote, or at least contemplate, the use of self-regulation to improve the environmental performance of industry. However, much of the current debate has been characterized by a choice between two mutually exclusive policy options: "strict" command and control on one hand, and "pure" self-regulation on the other. In fact, there is a much richer range of policy options, with most falling somewhere between theoretically polar extremes. This article demonstrates that there are a number of "regulatory variables" which policymakers can use to "fine-tune" regulatory options to suit the specific circumstances of particular environmental issues. In the vast majority of circumstances, a combination of self-regulation and command and control will provide the ideal regulatory outcome.     

The Limits of Digital Interpretation: Semantic Versus Syntactic Connectedness

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The concept of reasonability is key in Umberto Eco’s interpretive semiotics, where it...     

Blood Versus bone marrow ethanol concentrations in rabbits and humans

Post-mortem ethanol levels in bone marrow and heart blood were determined in rabbits and humans. The average ratio of blood/femur marrow ethanol in 39 rabbits was 2.10 ± 0.23 with a range of 1.27 – 3.50. In 18 human autopsy cases the average ratio of blood/rib marrow ethanol levels was 2.16 ± 0.32 with a range of 1.65 – 2.94. The average blood/marrow ratios in humans and rabbits were comparable. However, a wider range of ratios was noticed in the rabbit study.     

Globaloney: Economic Versus Cultural Convergence Under Conditions of Globalization

Using the theory of the commons and social obligation theory of inclusion, this article critically examines current art museum fundraising practices in the United States that rely too much on traditional White, wealthy patrons. This leads museums to emphasize the limited interests of traditional donors, neglecting the needs of and potential support from their broader communities. This results in the tragedy of the anticommons, where museums are underused by diverse publics. The article advocates for more inclusive relationship-based fundraising practices that build relationships with local community members and include their perspectives on fundraising practices through diversifying fundraising leadership, understanding diverse giving patterns, and utilizing innovative fundraising methods while remaining sensitive to cultural differences.     

Corporate Law Versus Social Autonomy: Law as Social Hazard

Law and Critique - This article argues that corporate law has become the legal platform upon which is erected a social process impeding society’s capacity to lucidly reflect on its primary...     

Specialized Versus Versatile Intergenerational Transmission of Violence: A New Approach to Studying Intergenerational Transmission from Violent Versus Non-Violent Fathers: Latent Class Analysis

This paper investigates whether fathers who have been convicted of a violent offense transmit criminal and violent behavior more strongly than fathers who were convicted, but never for violence. First, a more traditional approach was taken where offending fathers were divided into two groups based on whether they had a violence conviction. Secondly, Latent Class Analysis (LCA) was performed to identify two classes of fathers, one of which was characterized as violent. Sons of fathers in this class had a higher risk of violent convictions compared with sons whose fathers were in the other class.