Family Reunification Rights of (Migrant) Union Citizens: Towards a More Liberal Approach

Over the years, in the case‐law of the European Court of Justice (ECJ) determining the availability of family reunification rights for migrant Member State nationals, the pendulum has swung back and forth, from a ‘moderate approach’ in cases such as Morson and Jhanjan (1982) and Akrich (2003), towards a more ‘liberal approach’ in cases such as Carpenter (2002) and Jia (2007). Under the Court's ‘moderate approach’, family reunification rights in the context of the Community's internal market policy are only granted in situations where this is necessary for enabling a Member State national to move between Member States in the process of exercising one of the economic fundamental freedoms; in other words, where there is a sufficient link between the exercise of one of those freedoms and the need to grant family reunification rights under EC law. Conversely, under the Court's ‘liberal approach’, in order for family reunification rights to be bestowed by EC law, it suffices that the situation involves the exercise of one of the market freedoms and that the claimants have a familial link which is covered by Community law; in other words, there is no need to illustrate that there is a link between the grant of such rights and the furtherance of the Community's aim of establishing an internal market. The recent judgments of the ECJ in Eind and Metock (and its order in Sahin) appear to have decidedly moved the pendulum towards the ‘liberal approach’ side. In this article, it will be explained that the fact that the EU is aspiring to be not only a supranational organisation with a successful and smoothly functioning market but also a polity, the citizens of which enjoy a number of basic rights which form the core of a meaningful status of Union citizenship, is the major driving force behind this move. In particular, the move towards a wholehearted adoption of the ‘liberal approach’ seems to have been fuelled by a desire, on the part of the Court, to respond to a number of problems arising from its ‘moderate approach’ and which appear to be an anomaly in a citizens' Europe. These are: a) the incongruity caused between the (new) aim of the Community of creating a meaningful status of Union citizenship and the treatment of Union citizens (under the Court's ‘moderate approach’) as mere factors of production; and b) the emergence of reverse discrimination. The article will conclude with an explanation of why the adoption of the Court's liberal approach does not appear to be a proper solution to these problems.     

翻译教学的语言理论背景——对《大学英汉翻译教程》的理论补充

翻译教学必须有语言理论作为其背景。理解过程中的语义、语境、语用是分析的理论依据。表达过程中的动态对等,特别是英、汉两种语言的核心句型,以及语篇概念和象似性理论是翻译的重要语言理论背景。     

An Immodest Proposal: Hobbes Rather than Locke Provides a Forerunner for Modern Rights Theory

In this paper I argue that we should look to Hobbes rather than to Locke as providing a philosophical forerunner of modern and current rights theories and further, that Hobbes’s theory has relevance to and ‘speaks to’ current philosophical and jurisprudential analysis of the foundations of rights, in a way that Locke’s theory cannot. First, I summarise the argument that Hobbes does have a substantive theory of individual rights. Second, I argue that the project undertaken by A. J. Simmons, to ‘reconstruct’ Locke’s theory of rights without the theological premises, cannot succeed. Locke’s theory of natural rights is thoroughly dependent on its theological premises. Third, I argue that Hobbes’s theory of rights is not dependent on theological premises. Finally, I try to illustrate the ways in which Hobbes’s theory is still relevant and useful for current debates within rights theory.     

Patients Are More than their Illnesses: The Use of Story in Medical Education

[W]hen a poet's mind is perfectly equipped for its work, it is constantly amalgamating disparate experiences; the ordinary man's experience is chaotic, irregular, fragmentary. The latter falls in love, or reads Spinoza and these experiences have nothing to do with each other, or with the noise of the type-writer or the smell of cooking; in the mind of the poet these experiences are always forming new wholes. —T.S. Eliot     

Legal Meanings Across Linguistic Barriers: The Intralingual and Interlingual Translation of Laws in Greece and Cyprus

In my paper I will discuss both the processes of interlingual and intralingual translation of laws. The objective is to establish how the intralingual and the interlingual translation process influence or even shape a particular language of the law affecting thus the laws and the communication in a given legal system. In order to achieve this, I will initially research into the historical process that produced a series of intralingual translations of major laws in Greece and both interlingual and intralingual translations of laws in Cyprus, investigate the main principles used in interlingual and intralingual translation, examine how the languages of the law in Greece and Cyprus were affected by these translations, and show how intralingual and interlingual translation influenced the law both in Greece and Cyprus.     

More than STEM: spillovers from higher education institution infrastructure investments in the arts

The Journal of Technology Transfer - Higher education institutions (HEIs) represent an enormous density of investment and resources, concentrating infrastructure spending and creating high human...     

More than meets the eye: the role of psychopathic traits in attention to distress

ABSTRACT

Although psychopathic traits have long been associated with predation and violence, it is unclear how individuals high in psychopathic traits choose victims. Victim selection and violence perpetration may be facilitated by attention to, or unawareness of, distressful facial expressions. Using a novel eye-tracking paradigm, the present study aimed to identify whether psychopathic traits are associated with unconscious attentional biases to expressions of distress. A sample of 138 undergraduates (23 males, 115 females, M_age?=?20.4) viewed 80 paired images portraying a neutral, and authentic expression of either fear, pain, embarrassment, startle, or sadness. Psychopathic traits did not predict initial orientation to distressing over neutral expressions. However, callous-affective traits negatively predicted attentional maintenance to expressions of embarrassment and pain, whereas criminal tendencies and erratic lifestyle positively predicted attentional maintenance to embarrassment and pain, respectively. Findings offer insight into perceptual processing of others’ distress, with implications for violence and victim selection.     

Analysis of Bone Healing in a Postoperative Patient: Skeletal Evidence of Medical Neglect and Human Rights Violations

This study highlights complexities associated with postsurgical trauma interpretation of a 76‐year‐old female patient from a psychiatric institution in Mexico. The skeletal analysis identified complications from an unsuccessful surgical operation for an intertrochanteric fracture of the femur. An improperly placed surgical plate resulted in nonunion due to limited contact between fracture margins. However, it is unclear whether this resulted from surgical complications, ineffective postoperative care, or from the decedent's limited ability to follow postoperative care instructions. Additionally, failure of the plate resulted in degenerative changes to the acetabulum. These complications, associated with degenerative changes to upper limb joints, suggest significant mobility issues. The pattern of antemortem trauma and contextual information support a conclusion of postoperative medical neglect, a documented problem in psychiatric institutions in Latin America. This study provides insight into the relevance of detailed trauma assessment of skeletal remains in cases where neglect and human rights violations are suspected.     

权利的张扬与追寻——2006年中国权利问题研究综述

2006年的中国权利研究,著述颇丰,学术研讨频率密集且范围广泛,呈现了多元化、立体化的趋势。人权研究生机勃勃,平等权是当下社会生活和权利研究中的一个关键词,农民、农民工等弱势群体的权利保护则是与平等权密切相关的热点问题。传统的权利研究继续深入,新兴权利的研究与日俱增,权利本位理论正在向现实论证扩展,有关权利的理论日益丰满。     

More than ten years after: The long-term stability of informed death penalty opinions

This panel study examined the stability of informed death penalty opinions more than ten years after students participated in a semester long death penalty class. Results for two “abstract” opinion measures indicated that support of the death penalty significantly diminished after exposure to the death penalty class, yet rebounded to initial pretest levels two to three years later. After more than ten years, the data revealed small increases in support of the death penalty from the first follow-up period. Personal involvement measures did not change significantly across the four points in time. The relative importance of four of the eleven reasons for death penalty support or opposition changed significantly over time. Those changes varied across measures. Some increased in importance over time, while others decreased in importance. Finally, race was a significant factor in every opinion measure, as well as in nine of the eleven reasons for death penalty support or opposition.     

The World is More Just for Me than Generally: About the Personal Belief in a Just World Scale's Validity

Differences between personal and general belief in a just world were studied in four questionnaire studies and one experiment. Personal just world belief could reliably be differentiated from general just world belief, and subjects endorsed more strongly the personal compared to the general just world belief. Moreover, personal belief in a just world predicted subjective well-being and self-esteem, and this positive impact was independent of general just world belief and favorable self-perceptions. Finally, the more subjects were aware of their own unfairness, the more the personal belief in a just world showed a negative impact on self-esteem. Results give evidence to the just world beliefs' character as world views and as indicators of a personal contract between individual and social world.     

中日公务员权利义务比较研究

公务员权利义务规范是公务员制度的核心内容。中日两国公务员制度在公务员权利及保障 ,公务员义务及责任等方面具有某种同构性 ,但差异性也是十分明显的。同构性导源于规范对象的同一性 ,差异性则根植于政治制度和法制状况的区别性。     

实现正义——公平审判权在中国的发展

文章强调了一个有效的辩护援助体系对保障公平审判权的必要性。为了保障穷人能够平等地享有正义,一个国家必须拥有一套提供给他们律师的机制。文章分析了促使一个国家为她的公民建立有效公平审判权的关键因素。文章首先论述了,中国的法律援助体系在其公民权利保护进程中扮演的关键角色和继续发展法律援助对中国长远利益的必要性。其次,本文表明了,国际组织怎样通过培训和能力培养方式在支持权利保护的进程中发挥巨大作用。最后,文章指出只有充分尊重中国的自治,国际合作才能发挥更大作用。文章特别展示了IBJ的经验,以显示国际组织如何与中国政府开展合作,成功地提高中国公民权利保护水平。     

Antitrust in China: The Problem of Incentive Compatibility

This paper reviews China's recent efforts to enact a competitionpolicy (antitrust) law. We focus on three issues: (1) What isthe substance of the proposed law, and how does it differ fromexisting antitrust law in other countries, (2) How will thelaw be implemented or enforced, and how will those who mustimplement this law interpret their mandate, and (3) What willbe the likely effects of this law given China's unique historyand cultural heritage. We emphasize China's economic, legaland regulatory contexts in which an antitrust law may be enforced.Our central focus is the problem of establishing a substantiveand procedural legal framework that is incentive-compatiblewith economic efficiency and growth. The draft law could beimproved, both to increase its clarity and to make its enforcementmore consistent with the goal of achieving improvements in economicefficiency. Nevertheless, there is much merit in the draft,especially its strong focus on reducing anticompetitive practicesof state-owned enterprises (SOEs) and other government bodies.However, our major difficulty with the new law is that, in theabsence of a tradition of reliance on the rule of law, Chineseand foreign enterprises will find it very difficult to relyon the antitrust statute or the actions of the courts in Chinaas a basis for predicting the antitrust liability that mightresult from various business practices. Therefore, the principalvector by which antitrust law (or indeed any law) affects economicbehavior is absent from the Chinese scene. Unless the bureaucracythat enforces the new antitrust law actively pursues a policyof consistent enforcement based on written guidelines, staredecisis, or other sources of predictability, the substance ofthe statute itself will have little significance. That outcomewould represent a significant loss for the economic welfareof the Chinese people.     

我国一人有限责任公司的立法特点

我国新<公司法>顺应世界一人公司发展的潮流,首次承认一人有限责任公司的法律地位.现行一人有限责任公司的立法,对一人公司的性质进行了严格限定,其股东多元化,限定有最低注册资本和缴纳方式,限制股东设立一人公司的数量,增强了公司的透明度,简化了公司机构,建立了一人公司法人人格否认制度.但是,其仍然有进一步完善的空间.     

More Places than Crimes: Implications for Evaluating the Law of Crime Concentration at Place

Objectives

The crime and place literature lacks a standard methodology for measuring and reporting crime concentration. We suggest that crime concentration be reported with the Lorenz curve and summarized with the Gini coefficient, and we propose generalized versions of the Lorenz curve and the Gini coefficient to correct for bias when crime data are sparse (i.e., fewer crimes than places).

Methods

The proposed generalizations are based on the principle that the observed crime concentration should not be compared with perfect equality, but with maximal equality given the data. The generalizations asymptotically approach the original Lorenz curve and the original Gini coefficient as the number of crimes approaches the number of spatial units.

Results

Using geocoded crime data on two types of crime in the city of The Hague, we show the differences between the original Lorenz curve and Gini coefficient and the generalized versions. We demonstrate that the generalizations provide a better representation of crime concentration in situations of sparse crime data, and that they improve comparisons of crime concentration if they are sparse.

Conclusions

Researchers are advised to use the generalized versions of the Lorenz curve and the Gini coefficient when reporting and summarizing crime concentration at places. When places outnumber crimes, the generalized versions better represent the underlying processes of crime concentration than the original versions. The generalized Lorenz curve, the Gini coefficient and its variance are easy to compute.