共查询到20条相似文献,搜索用时 62 毫秒
1.
Karen Atkinson 《Liverpool Law Review》2008,29(2):143-163
This article examines the effects of the Charity Commission’s implementation of risk-based regulation on the political campaigning
activities of charities. In doing so, it draws on the findings of a recent empirical study which explored charity representatives’
awareness of relevant law and regulation and their perceptions of the obstacles they faced in their campaigning work. The
article begins with a brief exploration of the emergence of risk-based approaches to regulation, followed by consideration
of the legal and regulatory requirements for risk management by charities. Moving to its main focus of political campaigning,
the article notes the unique legal issues faced by charities in campaigning work. It provides a comparative evaluation of the 2004 and 2008 versions of Charity Commission guidance CC9 on campaigning and
political activity by charities (CC9) in terms of their approach to legal compliance, their formulation of the specific risks
of campaigning and their approach to the process of risk management itself. In addition, the article considers the relevance
to campaigning activity of the Commission’s current plans for an ‘enhanced approach’ to risk in its compliance work. The article
concludes by considering the potential impacts on charitable campaigning of both the Commission’s overall approach to campaigning
and its perceived risks, and of further entrenchment of risk principles in charity regulation.
相似文献
Karen AtkinsonEmail: |
2.
Daniel Paul McLoughlin 《Law and Critique》2009,20(2):163-176
The concept of division or caesura is central to the political and legal philosophy of Giorgio Agamben. This paper examines
the different ways in which Agamben characterises the law in terms of caesura, and the manner in which this analysis of law
is grounded in his analyses of language. I argue that there are two forms of legal division to be found in Agamben’s political
analyses. The first is the division that occurs when the legal system produces determinate identities, such as those of nation,
and socio-economic status. However, this form of division is itself predicated upon the division that delimits the law as
such, the caesura between political and bare life. The way that Agamben sets up both of these political problems is deeply
indebted to his analyses of the ‘presuppositional structure’ of metaphysical language—the fracture between signification and
its excess.
相似文献
Daniel Paul McLoughlinEmail: |
3.
William Rasch 《Law and Critique》2008,19(1):19-34
Richard Tuck locates a conundrum in the Hobbesian world view. Whereas the nation-state is desired to effect the pacification
of the domestic sphere, a world state and the promise of global pacification is feared. Kant’s strong program for perpetual
peace is presented as a moral imperative to establish through legal means a world republic based on reason and individual
autonomy. Kant emphasizes the empirical impossibility of a world republic and hence advocates the weaker program of a world
federation of states. This essay argues not the empirical but the logical impossibility of Kant’s strong program and by extension
any program of perpetual peace that claims to be essentially different from ‘mere’ peace as truce. In so doing this essay
distinguishes between political theory based on the assumption of the ontological priority of peace and political theory based
on the assumption of the ontological priority of violence and argues for the necessity of thinking the latter.
相似文献
William RaschEmail: |
4.
Institutionalized corruption: power overconcentration of the First-in-Command in China 总被引:1,自引:1,他引:0
Among various kinds of corruption in China, corruption of the First-in-Command (FIC) is most pernicious, threatening the legitimacy
of the Chinese Communist Party and the stability of the state. This paper examines several specific institutional arrangements
under China’s current political structure, including the people’s congress, the ruling party system, and the collective leadership
team system, to see how they have contributed to power overconcentration in the hands of FICs. This is done in a two-round
process: first through the collective leadership team and then by the gestating decision-making rule. The paper also assesses
four institutional innovations designed to prevent FIC corruption.
相似文献
Ren Jianming (Corresponding author)Email: |
Du ZhizhouEmail: |
5.
Maria Drakopoulou 《Law and Critique》2007,18(3):331-360
Feminists have so often declared and celebrated the fecundity of the relationship between feminism and legal reform that critique
of legal doctrine and norms, together with proposals for their reconstruction, have become the hallmarks of the modern feminist
engagement with law. Yet today the long-cherished ‘truth’ about law’s potentially beneficial impact on women’s lives has started
to fade and the quest for legal change has become fraught with problems. In responding to the aporetic state in which feminist legal scholarship now finds itself, this paper offers a recounting of the relationship between feminism
and the politics of legal reform. However, in so doing, it seeks neither to support nor to oppose these politics. Instead,
it explores the historical contingencies that made this discourse possible. Utilizing Foucault’s concept of episteme, it demarcates the nineteenth century as the historical moment in which this discourse arose, and tracing the epistemic shifts underpinning the production of knowledge, locates its positivities at the interface of the time’s episteme and the discourse of transcendental subjectivity that it engendered.
相似文献
Maria DrakopoulouEmail: |
6.
Lening Zhang 《Crime, Law and Social Change》2008,50(3):149-160
The study reviews research on juvenile delinquency and justice in China since 1990. The review covers three issues that have
been studied in the publications: (1) the nature and scope of China’s juvenile delinquency; (2) individual, group, and institutional
factors and their roles in delinquency involvement; and (3) the development of China’s juvenile justice. Because Hong Kong
is a special region of China and has a different social, political, and legal system, the study reviews the publications on
Hong Kong’s juvenile delinquency and justice in a separate section. It summarizes the findings derived from the review, analyzes
and discusses the limitations of the reviewed studies, and provides prospects for future research in the area.
相似文献
Lening ZhangEmail: |
7.
Eric Heinze 《Law and Critique》2009,20(1):79-103
The seventeenth century placed Western political thought on a path increasingly concerned with ascertaining the legitimacy
of a determinate individual, parliamentary or popular sovereign. As early as Shakespeare, however, a parallel literary tradition
serves not to systematise, but to problematise the discourses used to assert the legitimacy with which control over law and
government is exercised. This article examines discourses of legal and political legitimacy spawned in early modernity. It
is argued that basic notions of ‘right’, ‘duty’, ‘justice’ and ‘power’ (corresponding, in their more vivid manifestations,
to categories of ‘heir’, ‘celebrity’, ‘martyr’ and ‘monster’) combine in discrete, but always encumbered ways, to generate
a variety of legitimating discourses. Whilst transcendentalist versions of those discourses begin to wane, their secular analogues
acquire steadily greater force. In addition to the Shakespearean histories, works of John Milton, Pierre Corneille, Jean Racine,
Friedrich Schiller and Richard Wagner are examined, along with some more contemporary or ironic renderings.
相似文献
Eric HeinzeEmail: |
8.
Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany,
the article presents the results of an empirical study on the individual and collective legitimization of the use of force
by German police officers. There are numerous justifications for the use of force expressed by focus group participants in
eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups,
reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence,
the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur,
although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions,
it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of
the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They
have different influences on the individual legitimization of police actions, intertwined with the perception of the situation
as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification
for the use of force.
相似文献
Astrid Klukkert (Corresponding author)Email: |
Thomas OhlemacherEmail: |
Thomas FeltesEmail: |
9.
Panu Minkkinen 《Law and Critique》2008,19(1):65-85
The essay discusses law’s inability to address the phenomenon of human suffering and, at the same time, investigates a possible
theoretical kinship between Walter Benjamin’s notion of ‘the expressionless’ and Emmanuel Levinas’s understanding of suffering
as the foundation of an interhuman ethics. The kinship between Levinas and Benjamin is examined with reference to suffering
in the visual arts and, more specifically, in Matthias Grünewald’s Isenheim Altarpiece and Francis Bacon’s crucifixion triptychs.
The essay argues that in the crucifixion scenes of both Grünewald’s medieval altarpiece and Bacon’s triptychs, suffering is
what constitutes ‘the expressionless’. After every detail of the image, every element of attribute, motif, composition and
colour have been accurately depicted, a residue still remains, an ethical truth that cannot be appropriated into a meaningful
unity but that nevertheless calls for a response. While law must always give suffering a utilitarian value in its attempts
to assign responsibility for the injury occurred, the essay argues that the fragmentariness in all true art that Benjamin
calls ‘the expressionless’ is akin to Levinas’s understanding of the constitutional uselessness of suffering, its essence
as ‘for nothing’.
相似文献
Panu MinkkinenEmail: |
10.
Nicholas Kyriazis 《European Journal of Law and Economics》2009,27(2):109-127
The present essay analyses Athenian finances during the fourth century BC, the ‘Age of Demosthenes’, from both the revenue
and expenditure points of view. It examines how Athenians practiced the concept of ‘economic democracy’ on matters of public
choice, and the sometimes ingenious solutions they adopted for financing public goods such as defense, education and ‘social
security’. Ancient Athens, the ‘prototype’ political democracy, was advanced also in matters of public administration, finance
and institutions, on which political democracy was based and without their smooth running could not have functioned.
相似文献
Nicholas KyriazisEmail: |
11.
12.
Martin Morris 《Social Justice Research》2009,22(1):134-155
This article concerns how one may theorize a social justice of communication. The article argues that the theory of democracy
cannot neglect an analysis of communication and that, indeed, a social justice of communication can be identified in the discourse
ethics of Jürgen Habermas’s “deliberative” theory of democracy. The socio-political analyses of communication in John Stuart
Mill and Karl Marx are examined as precursors to Habermas’s position because they are useful for setting off the unique synthesis
of the liberal and critical traditions that Habermas develops. Such a social justice of communication shows how the communicative
mediation of the public sphere can ameliorate the tension between individual autonomy and the solidarity of group membership
by communicatively empowering individuals under conditions of mutual respect and equal dignity.
相似文献
Martin MorrisEmail: |
13.
Janice Richardson 《Law and Critique》2007,18(2):229-252
Christine Battersby has argued that it is Kant (and not Descartes) who provides the paradigm model of what it is to be a self
in modernity. The Kantian self is established in opposition to its other. The body is commonly envisaged as a container, with
selfhood as something that is defended against the outside. In contrast, she proposes a feminist reworking of such a model
of selfhood, applicable to both men and women, in which the self and other emerge over time through patterns of relationality.
This paper introduces Battersby’s work by focusing upon her early analysis of Kantian aesthetics, in particular the sublime.
The aim is to draw out some of the legal and political implications of her work, particularly with regard to the common law’s
developing conception of privacy. This is carried out by distinguishing her ontological position from the psychology of Carol
Gilligan and then by considering the overlapping concerns of Jennifer Nedelsky in the area of legal theory.
相似文献
Janice RichardsonEmail: |
14.
Tom Sorell 《Criminal Law and Philosophy》2007,1(2):215-222
There is something intuitively correct about singling out emergency workers for legal protection, and for criminalizing not
just assault, but obstruction. Moreover, at least one sophisticated theory of right and wrong – Scanlon’s—indicates some deep
reasons for endorsing these intuitions. After applying Scanlon’s theory in the relevant way, I want to argue that the same
grounds it provides for recent Scottish legislation and UK sentencing guidelines can also be given for punishing more seriously
offences that current English law trivialises.
相似文献
Tom SorellEmail: |
15.
Youth, Police Legitimacy and Informal Contact 总被引:1,自引:0,他引:1
Lyn Hinds 《Journal of Police and Criminal Psychology》2009,24(1):10-21
This paper explores the under-researched topic of young people’s attitudes towards police in two studies using structural
equation modelling. The first study examines the influence of police legitimacy on the willingness of young people to assist
police. The second study examines the impact of informal contact with police during a community policing project on young
people’s willingness to assist police. Findings show that young people who view police as legitimate are more willing to assist
police. Participation in the community policing project had a significant and positive influence on young people’s willingness
to assist police independent of young people’s attitudes about police legitimacy.
相似文献
Lyn HindsEmail: |
16.
Vincent Colapietro 《International Journal for the Semiotics of Law》2008,21(3):223-246
Too often C. S. Peirce’s theory of signs is used simply as a classificatory scheme rather than primarily as a heuristic framework
(that is, a framework designed and modified primarily for the purpose of goading and guiding inquiry in any field in which
signifying processes or practices are present). Such deployment of his semeiotic betrays the letter no less than the spirit
of Peirce’s writings on signs. In this essay, the author accordingly presents Peirce’s sign theory as a heuristic framework,
attending to some of the most important ways that it might serve to facilitate a semeiotic investigation of our legal practices.
He pays close attention to the ways the topics of history, formalism, reductionism, and generality become, from a Peircean
perspective, salient features of legal studies.
相似文献
Vincent ColapietroEmail: |
17.
Andreas Rahmatian 《Liverpool Law Review》2008,29(3):287-308
Although property lawyers and theorists were always interested in the legal doctrinal construction of property rights and
in political, moral, or economic justifications of property rights through the course of history, they very rarely looked
into possible psychological roots of property rights and the powers they entail. Similarly, psychologists (whether with a
focus on individual or social psychology) provide models for the explanation of a person’s behaviour and the social interactions
of humans, but they rarely touch upon property rights at all, and if so, only in brief passing comments. The one extensive
study on the social psychology of property appeared 75 years ago. This paper looks into modern research of individual and
social psychology and assesses whether some of the findings can be used to explain a psychological basis for the existence
and importance of property rights. That may also be a starting point for a modern interdisciplinary study in this area.
相似文献
Andreas RahmatianEmail: |
18.
Eva Jansson 《European Journal of Law and Economics》2008,26(2):187-211
During regulation the regulator carries out an intermediary role between shareholders and managers, consequently affecting
property rights and the agency relation between the two. Deregulation implies that this intermediary role ceases to exist.
This article analyses how government deregulation changes property rights, differentiating between firms of network and non-network
structures. Changes in property rights affect the agency relation between shareholders and managers, increasing information
asymmetry and agency costs. I argue that the way to reduce agency costs depend to a great extent on the country’s legal system
classified as of common or civil law tradition.
相似文献
Eva JanssonEmail: |
19.
Dragana Radosavljevic 《Liverpool Law Review》2008,29(3):269-285
The parameters of legal structures within which perpetrators of most serious international crimes are surrendered to the ICC
and the legal frameworks within which the rights of such individuals are best protected are not sufficiently precise in international
law. By examining both international and some national jurisprudence with regard to mala captus bene detentus practice, the reach of the right to challenge the legality of one’s arrest is evaluated with a conclusion that there is no
uniform state or international practice and that the ICC Statute does not resolve the status of the doctrine nor does it regulate
the effects of abuse of process against accused persons.
相似文献
Dragana RadosavljevicEmail: |
20.
The European Commission’s proposal to establish a Common Consolidated Corporate Tax Base reduces both compliance and administrative
costs for European groups. The proposal would replace separate entity accounting with a profit allocation based on formula
apportionment. Since formula apportionment rests on the source principle, the group faces an incentive to invest in low tax
member states. Residence-based group taxation based on separate entity accounting could be an alternative. The subsidiaries’
profits and losses are attributed to the parent of the group (current inclusion), and the European group’s profit is taxed
at the corporate income tax rate of the parent. The parent’s state of residence grants a foreign tax credit. Current inclusion
prevents tax distortions regarding the location of investments, if no limitations on the foreign tax credit exist. A serious
drawback of residence-based taxation is the incentive to move the group’s headquarter to a low tax member state. At present,
this incentive is mitigated by exit taxation. Applicable exit taxation rules, however, most likely infringe upon European
law. Rules that conform to European law probably abolish unfavourable liquidity effects upon exit. In net present value terms,
however, exit taxes still render it burdensome for the group to move the headquarter to another member state.
相似文献
Gregor Führich (Corresponding author)Email: |