杰·柯恩教授访谈录--中国法研究、法律改革及其他

杰罗姆·柯恩 (ＪｅｒｏｍｅＡ .Ｃｏｈｅｎ)教授是美国当代中国法研究的开创人之一。从 60年代初开始研究中国法以来 ,柯恩教授对美国的中国法研究做出了重要的贡献。这些贡献包括 :创建哈佛大学法学院东亚法律研究中心、倡导中美之间在法律和其他方面的友好合作与交流 (包括担任北京—纽约姐妹城市美方主席 )、积极协助中国当代的法律改革、培养大量专长于中国法的海外学者和律师等等。 (对柯恩教授更详细的介绍 ,可参见《美国的中国法研究 :杰罗姆·柯恩教授纪念论文集》序言 ,载北大法律信息网 ,ｈｔｔｐ ://2 1 1 1 .1 0 0 .1 8.62 /ｆ…     

Constructing C.A.L. tutorials

ON THE assumption that law schools should seek to foster a legal profession which takes ethics seriously, this article explores how it may promote the moral development of its students. Having examined how legal education currently fails in this regards, it explores competing psychological theories of moral development and argues that law schools should seek to start students on a ‘moral apprenticeship’ leading to the development of the necessary moral character to equip them for the ethical challenges of practice. The article then looks at the extent to which ideal methods for promoting moral development can be implemented given the current climate in legal education. In particular, it argues that an excellent and viable means of assisting in the process of moral character development is through student involvement in live‐client clinics, particularly if they are run on an extra‐curricular basis.     

The C.T.A. case: A study in political corruption

Between 1984 and 1987, a wide-ranging corruption scandal in Pennsylvania resulted in the conviction and disgrace of a number of high-ranking elected officials, as well as the much publicized suicide of state Treasurer R. Budd Dwyer. This C.T.A. case initially appeared to be a straightforward and almost commonplace affair involving bribes and kickbacks to secure state contracts; but on further examination, this seemingly uncomplicated case can be shown to have involved elaborate conflicts at both state and federal level, and the direction and outcome of the prosecution were heavily influenced by political factors and bureaucratic self-interest.This paper will provide a narrative of the C.T.A. case and related incidents, and also describe the external factors which shaped the investigation. Particular emphasis will be placed on the complex relationship between state-level political interests and the activities of federal prosecutors. The C.T.A. affair offers an excellent illustration of the difficulty of gaining an accurate understanding of even an apparently simple case of political corruption, and the implication is that more elaborate incidents are even less amenable to any kind of academic or social scientific observation. The case can only be understood if full account is taken of the prosecutorial and investigative process which turned the original illegal transactions into a full-blown public scandal, factors which are often insufficiently emphasized in research on political corruption.     

A Tribute to Murray A. Straus

This article offers a brief tribute to the father of the field of family violence, Murray A. Straus, Ph.D. Murray spent the bulk of his career at the University of New Hampshire, where he studied partner violence, corporal punishment, developed the Conflict Tactics Scales, and mentored thousands of students, post-doctoral research fellows, and colleagues alike. His productivity and the significant impact that he had on the field and the public at large, in addition to his warmth and good humor, are noted here.     

G. A. Cohen's Conception of Law: A Critique*

This note will challenge G. A. Cohen's view of the interaction between legal systems and economic structures; such interaction raises the so-called problem of legality, which Cohen sets out to solve in the eighth chapter of Karl Marx's Theory of History (Cohen 1978, 216–47). In the course of this note, we shall interrogate the presumed rigor of Cohen's theory of base/superstructure relations, to which his understanding of law is central. His approach will not be simply destroyed, but will be resituated in a network of problems that can highlight a certain fissure between his aspirations and his performance.     

Dysbarism. A review

This review of dysbarism outlines the development of the knowledge of the effects of pressure changes on tissues and organs, which is related to a complex of physical, physiological and pharmacological changes. It also shows that with the ever increasing pressures to which man is subject the effects can be regarded as total body rather than the traditional concept of a few target organs.     

Saleem A. Shah

This article introduces a special section ofLaw and Human Behavior entitled Commenorative Articles in Memory of Saleem Shah. The six articles that it introduces describe Shah's lifetime contributions to the development of concepts and research in law and mental health, as well as his substantial influence on the quality of forensic mental health services nationally and internationally.     

美国合同的分类研究

美国法学界对合同的分类有与我国相同的,也有不同的。根据合同是否具有法律的约束力,法学家们将合同分成有效合同、无效合同、可撤销合同与没有强制力的合同四种;根据合同成立时承诺人采用的方法不同,合同可分为双边合同与单边合同;根据订立合同时所需要的方式或者格式划分,合同可以分为要式合同与非要式合同两种;根据合同当事人在创立合同时的意思表示方式不同,合同可分为明示合同与默示合同;根据合同形成的方式不同,可将合同分为准合同与真实合同。对待不同类型的合同法院有着与之相适应的处理方法。     

行政听证:美国与加拿大实践的比较

加拿大广袤的疆域、丰富的资源、恶劣的气候及稀少的人口,要求有富有想象力的领导层和政府的财政资源,以解决联邦的诸多问题.因此,加拿大人将经济、社会及文化发展等重要领域的决策权授予了政府.政府则将许多此类权力授予行政裁判所.