论信托法的源流

一、罗马法的“遗产信托” 最初的信托发生在古代罗马法.罗马法中的信托只限于“遗产信托”.这和发源于中世纪的近代英国信托制度和已普及两大法系国家的现代信托制度虽有共同的地方,但远不如它们趋于成熟和完备的程度,笔者认为罗马法中的“遗产信托”还只能被认为是信托制度的萌芽状态.……     

The idea of a trust in Zoroastrian law

There is hardly any legal institution which better characterizes the thinking and everyday practice of the common law family than the legal institution of the trust. The English common law developed it during the Middle Ages, and it remains popular to this day. The institution of the trust is a unique phenomenon of the common law. Surprisingly, the Zoroastrian community of the Sassanian period in Persia developed some legal techniques which are very close to the common law trust. In this paper I will show the peculiarities and history of what I call the Zoroastrian trust, and hope to establish the basic similarity between the two. What makes this comparison easier is the fact that the two legal institutions developed independently from each other, since there is no possibility of historical interactions between Sassanian Persia (third–seventh centuries AD) and England during the Middle Ages. It is also impossible to speak about common or similar religious, cultural and legal backgrounds.     

The trust in Spanish and Italian private international law Part II

This is the concluding part of the Article of which the firstpart appeared in the (September QUERY FOR OXFORD) issue of Trusts& Trustees and which dealt with the position of trusts underItalian conflict of law. This second part examines the positionunder Spanish conflict of law rules and the impact that theHague Convention might have on it.     

The trust in Spanish and Italian private international law: Part I

Civil Law jurisdictions' recognition of trusts depends on theindividual conflict of law rules of each jurisdiction. The HagueConvention on the Recognition and Enforcement of Trusts intendsto bring a degree of certainty into how a foreign trust is received.However, the matter is complicated, in particular, as to thestatus granted in each jurisdiction to the convention. Thisarticle, based on a paper presented at the convention on CatalanCivil Law, ‘Los patrimonios fiduciarios y el trust’,held in Tarragona on 20 and 21 October 2005, examines the positionof trusts under the conflict of law rules in Italy and in Spainand the impact made on the recognition of trusts by the HagueConvention. This article appears in two parts; in this firstpart the position in Italy is examined and the second part concludeswith the position in Spain.     

Foundations--a new vehicle for Jersey

The recent adoption of the ‘Foundations (Jersey) Law 200’—buildsupon Jersey's ability to provide offshore financial services.Alongside existing vehicles, such as companies, trusts and limitedpartnerships, the new law will introduce the concept of foundations.Long a part of the civil law system, it is anticipated thatfoundations will particularly     

In courts we trust,or should we? Judicial independence as the precondition for the effectiveness of EU law

The present article argues that the EU possesses an arsenal of tools to address dissuasively rule of law problems in the Member States. This shows the double nature of the EU's separation of powers problem. Whereas some states suffer from rule of law decline and a lack of limitation of governmental powers, there is a risk of the crumbling of separation of powers at the EU level, too, where institutions fail to adequately address rule of law violations. Against the EU institutions' lack of forceful action towards rule of law backsliding, domestic courts try to protect judicial independence increasingly via preliminary references. Also, they attempt preventing the proliferation of the consequences of rule of law decline via judicial cooperation in the mutual trust/mutual recognition domain. This article explores to what extent preliminary rulings can make up for the failure to use adequate EU tools of rule of law enforcement.     

A need for greater understanding of civil law entities by common law jurisdictions

In the course of the last six months, the ratification by theSwiss parliament of The Hague Convention of 1 July 1985 on theLaw Applicable to Trusts and on their Recognition has generatedmuch attention. There has also     

A new definition of privacy for the law

The paper begins with a defence of a new definition of privacy as the absence of undocumented personal knowledge. In the middle section, I criticise alternative accounts of privacy. Finally, I show how my definition can be worked into contemporary American Law.     

法边漫想

倘若不是在几年之前重新踏上求学之途,我会以为我早已进了法学的殿堂。虽然尚称不上是侵淫已久,却也算是正式登堂入室了。毕竟,我受过四年正规的法学本科教育,我认为自己已经知道法律是什么和法律应该是什么。然而,如今观照自己,倒发现自己其实至多是个在法律之门前徘徊的寻觅着,始终无法得其门而入,连法律究竟是什么都觉得模糊之人能算是登堂入室者吗? 生活在这个分工日益细密的“车间型”社会里,专业已经成为人们身上的一种符号,一个标志,一条了解他人和借以向他人推销自己的标签。经常会遇到这种场合,当初次相逢的人得知我的专业,总不忘要加     

The impact of license plate recognition technology (LPR) on trust in law enforcement: a survey-experiment

Objectives

We examine the extent to which individuals' knowledge of an advanced police technology (license plate recognition or "LPR") may impact perceptions of police. Technologies with the capacity to track individuals' movements are becoming increasingly common in police practice. Although these technologies may yield positive benefits, their use may also heighten community concerns about increased surveillance, data storage, and data security, thereby potentially negatively impacting community-police relationships.

Methods

We utilize a survey-based experiment with randomized assignment of participants (n=405) to investigate the impact of individuals' knowledge of LPR use on a variety of police perceptions, including trust in police, community approval, respect for citizens, and respect for individual rights.

Results

Most respondents were unaware of LPR use prior to the survey. When compared with a control group, respondents who encountered brief mentions of LPR functions on the survey expressed significantly lower levels of trust in police. Additionally, "strong agreement" with other positive statements about police also appears to have declined in this sample in response to LPR information. Notably, the sample contained high pre-existing levels of trust and support for police, factors which may have moderated the impacts of LPR information.

Conclusions

These results support the hypothesis that awareness of LPR use may negatively impact perceptions of police, including trust in police. More generally, although technologies like LPR represent technological innovations, they may also yield unintended consequences, including the potential to undermine police-community relations if adoption decisions are not accompanied by sufficient transparency or community support.

     

Transnational law as a framework for law clinics

Jindal Global Law Review - As the law becomes increasingly globalised and online education is increasingly emphasised, clinical legal education presents new opportunities for transnational...     

Employee assistance for law enforcement: A brief review

A brief review of the concept and practice of providing various services to police employees similar to those in private industry is presented. These include Employee Assistance Programs (EAPs) that may be either internal or external in relation to the structure of the organization. Such efforts may also be found in law enforcement organizations. In addition, a hybrid model for law enforcement is examined. This involves a working alliance between an internal Peer Support Program and an external EAP. This model may provide immediate assistance to an otherwise resistant population and, in turn, pave the way for additional aid from mental health professionals. Confidentiality issues are presented. A brief review of recommended peer supporter characteristics is offered. Author Note: David B. Goldstein has been a police officer for approximately 25 years. He is presently The Chief of Police in Winthrop, MA. He retired from the NH State Police with the rank of Captain. He has a Ph.D. in Human Services/Criminal Justice, M.S. in Public Health, and a B.A. in Psychology. He is a Peer Supporter/Counselor, Crisis (Hostage) Negotiator, Polygraph Examiner, and Forensic Counselor. Chief Goldstein is a Fellow of the American Academy of Experts in Traumatic Stress and a Diplomate (Crisis Intervention & Forensic Traumatology) of the American College of Forensic Examiners, International.