Politics in a State of Nature

Aristotle thought we are by nature political animals, but the state‐of‐nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre‐political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers and prerogatives. A state‐of‐nature theory has three components. One is an account of the native normative endowment, or “NNE.” Two is an account of how the state is constructed using the tools included in the NNE. Three is an account of the state's resulting normative endowment, which includes a (purported) moral power to impose duties of obedience. State‐of‐nature theories disagree about the NNE. For Locke, it included a “natural executive right” to punish wrongdoing. Recent social scientific findings suggest a quite different NNE. Contrary to Locke, people do not behave in experimental settings as one would predict if they possessed a “natural executive right” to punish wrongdoing. Moral reproof is subject to standing norms. These norms limit the range of eligible reprovers. The social science can support two claims. One, is that the NNE is (as Aristotle held) already political. The other is that political authority can be re‐conceived as a matter of standing—that is, as the state's unique moral permission coercively to enforce moral norms, rather than as a moral power to impose freestanding duties of obedience.     

Institutional Reactions to the Flag State that has Failed to Discharge Flag State Responsibilities

Netherlands International Law Review - The international regulatory system for the oceans is to a considerable extent dependent upon the effective exercise of flag state responsibilities but...     

Brinkley Messick,The Calligraphic State: Textual Domination and History in a Muslim Society

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

自然资源国家所有权之国家所有制说

财产权的宪法史可分为人权财产权和国家财产制两个阶段。自然资源归国家所有是国家财产制的组成部分，是现代宪法创设的用以实现国家目的的手段，其基本特征是国家垄断，其基本工具价值是垄断。以权利观审视自然资源国家所有权，它具有主体的唯一性和权利的专有性、不可变更性和价值优先性等特点。宪法上的自然资源国家所有权的实质是国家权力，是管理权，而非自由财产权。     

Enforcing the Law and Being a State

Many anarchists believe that a stateless society could and should feature laws. It might appear that, in so believing, they are caught in a contradiction. The anarchist objects to the state because its authority does not rest on actual consent, and using force to secure compliance with law in a stateless society seems objectionable for the same reason. Some people in a stateless society will have consented to some laws or law-generating mechanisms and some to others – while some will have consented to none. Someone’s obedience to a legal requirement could be justly enforceable absent the state, nonetheless, given either her actual consent to the requirement or to a mechanism responsible for generating it or the coextensiveness of the legal requirement with a moral requirement. And it could thus be just on the anarchist’s own terms to enforce a narrow range of positive legal requirements even against outlaws who had declined to consent to them.     

The Foreign-Exchange Monopoly of the Socialist State

The Directives on Economic and Social Development of the Czechoslovak SSR for 1976-1988, adopted by the Fifteenth Congress of the Communist Party of Czechoslovakia, pointed out that one of the principal requirements at the present time is implementation of a course aimed at more active "incorporation of the Czechoslovak economy into the international division of labor, particularly in the process of integration within the framework of COMECON." This refers especially to consistent implementation of the provisions of the Complex Program for Further Intensifying and Improving Cooperation and Development of Socialist Economic Integration of Member States of COMECON. The efforts of the socialist countries to assure a more active role to foreign-exchange financial relations in solving the tasks of developing mutual economic collaboration among the member states of COMECON in the process of socialist economic integration assumes great importance under these conditions.     

从国际实践看国家需要具备的条件

国家需要具备的条件用于区分国家与其他政治实体。从国际实践看,人民、与别的国家进行交往的能力或者进行国际交往的能力、有效的政府、遵守国际法方面的要求、国家的作用、民主和尊重人权方面的要求等国际法学者提出的国家需要具备的条件或者国家资格的标准不是国家需要具备的条件。国家需要具备的条件是定居的居民、领土、政府和独立。     

Investigating the awareness of virtual and augmented realities as a criminal justice response to the plight of awaiting-trial inmates in Ebonyi State,Nigeria

Crime, Law and Social Change - Despite the reforms in the Nigerian Criminal Justice System (NCJS), the treatment of inmates still falls below standard, with the vast majority of them on awaiting...     

论国家干预

国家对社会经济生活的干预是各种类型国家都具有的共同职能。在市场经济下,国家干预的程度、范围和形式较以往都有很大发展,其积极作用也得到更广泛的认同。但国家干预并非万能,它也有缺陷。要克服其缺陷,必须实行国家干预的法治化。国家干预的法治化包括两大基本内容：规范市场经济运行的基本规则和政府干预行为本身,其中,对后者的认识和强调具有更为重要的现实意义。     

法治国家与精神文明的定序化建设

精神文明的定序化建设，从一定意义上讲，就是精神文明建设的法治化。我们可以从量和质的不同角度，对精神文明定序化建设的实现作出评价。定序化建设与政府行为、经济体制、文化传统密切相关。定序化建设在法治社会中的意义十分重大     

析国家作为恐怖主义的主体问题

恐怖主义主体是否包含国家的问题是困惑恐怖主义法律定义的一个现实障碍。对此问题,发展中国家与西方发达国家认识不一,从历史看,国家恐怖主义是个人或组织团体恐怖主义的根源,而且国家恐怖主义的危害与当量是个人及团体恐怖主义所无法比拟的;学者的学说、国家和联合国内的反国家恐怖主义的努力也说明了国家恐怖主义犯罪的存在;国家的恐怖主义刑事责任追究可依公约以特殊方式进行;国际关系与国际政治行为的民主化与文明化,也要求坚持公理、正义与法律,要求反国家恐怖主义。     

National-Ethnic Conflicts and the Formation of a Russian State

From the moment of the collapse of the USSR, the central problem of Russian politics has been the question of the formation of a state system. This question is not only of domestic but also of international significance. Russia's status and role in contemporary world affairs depends on what kind of state it becomes.     

福利社会与发展中的斯堪的纳维亚福利国家

欧洲各国致力于福利国家的建设已逾百年,经历了两次世界大战.各国在社会投入水平和福利机构方面的巨大差异至今仍在,但是各国对于福利社会的可持续性的认可和公众对福利社会的高度承诺则是基本一致的.各福利社会有来自各方面的维系:中央政府或地方政府、公司企业、家庭和自发组织的机构.不同的福利社会体系与它们之间的关系长期以来对欧洲各福利国家有着不同的意义,形成了具有不同特点的福利制度.在20世纪最后十年里重建福利国家的痛苦过程中,经济增长和社会发展之间的关系一直是整个斯堪的纳维亚地区社会问题的争论热点.然而到目前为止,效率与平等之间的冲突大多得到了解决,在北欧五国都保持了福利政策的稳定.该地区独特的历史经验并不排斥发展中国家的政府和机构为了发展福利事业而积极推行普及政策所做出的努力.     

Offending Patterns Among Southeast Asians in the State of California

Abstract

Using California's Monthly Arrest and Citation Register (MACR) data collected by the California Department of Justice for the years 1991-1996, this study examined odds of arrest for various violent and lucrative type offenses, across seven different Asian ethnic groups. To avoid selection bias, African Americans, Hispanics and Native Americans were also included in the analysis. Logistic regression models were fitted to the MACR data. Consistent with theoretical hypotheses, the authors found that Southeast Asian immigrants were more likely to engage in criminal activity than their white counterparts and more established Asian groups. Logistic regression results revealed that Southeast Asians, in particular Vietnamese, were over-represented in every arrest category, while non-refugee Asian groups were considerably underrepresented in arrests. Cambodians, Laotians, and Vietnamese were at significantly higher odds of arrest for crimes that tended to produce financial gain, such as theft, car theft, and petty theft. The authors suggest that their findings on Southeast Asians may in part reflect the unique nature of the immigration of members of this group to the U.S., and the multiple disadvantages that they continue to experience, for example, low human capital, lack of English proficiency, and ethnic prejudice and discrimination. Results suggest the need for more programs aimed at assisting Southeast Asians refugee immigrants with their transition into American society.     

Deconstructing the Hustle: Investigating the Meanings of Hustling Within the Carceral State

Critical Criminology - This article describes the ways in which the formerly incarcerated participants understand “hustling” and the “hustle.” Based on ethnographic...     

Toward a Victimology of State Crime

State crimes have been studied by criminologists for nearly three decades. While far from stagnant, research and theory in this area of criminology have not developed at the pace one may have expected a decade ago. In an attempt to rejuvenate the study of state crime, we first identify and review the various types of victims and victimizers of state crime identified in the criminological literature. By employing a previously created typology of state crime, we discuss how individuals and groups of individuals can be identified as state crime victims in both domestic and international contexts. We then highlight the common themes involved in the victimizations, and offer six inductively generated propositions intended to facilitate future developments in the victimology of state crime. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Pragmatic and Stylistic Aspects of Communication Between State Authorities and the Citizen within e-Administration in Poland

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - This article discusses the specificity of remote communication between state authorities and...