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1.
Nowhere in public law is the idea of personal loyalty to superiors mentioned, yet criminal justice practitioners suffer from a “personal loyalty syndrome.” This syndrome holds them responsible to an altogether different set of loyalty expectations. They are often compelled to offer personal loyalty to unworthy superiors and, as a result, violate constitutional provisions, legal requirements, or the public good. While no organizational rules require any such loyalty, criminal justice practitioners are invariably taught that issues of loyalty at the workplace are so important that one cannot survive without personal loyalty to superiors. They are also reminded that violating such a “commandment” is a cardinal sin that can destroy one's career. This article discusses the arguments for and against personal loyalty to superiors and the dangers inherent in such relationships. It explains the grammar of loyalty at the workplace, explores the paradoxes of personal loyalty to superiors, and suggests a duty-based model as an alternative to the current model. 相似文献
2.
《Justice Quarterly》2012,29(4):871-895
Public workers in general, and criminal justice workers in particular, have a problem understanding the concept of loyalty at the workplace—to what, to whom, and at what price. Despite the fact that rules and regulations almost never mention loyalty to superiors, this unexamined practice has been sacrosanct regardless of how unworthy, inefficient, or immoral these superiors may be. Furthermore, the obligation of loyalty to persons rather than principles can encourage corruption, promote mediocrity, and demoralize the workers. Ironically, if both workers and superiors were loyal to departmental values, they would, by natural association, be loyal to one another. In criminal justice agencies the selection of loyalty objects can be as intriguing as the fear of being accused of disloyalty is real. This article discusses the arguments for and against personal loyalty to superiors, the risks to public service inherent in such relationships, and the organizational dangers involved in such pacts. As an alternative to personal loyalty to superiors, this article proposes a professional model based on organizational identification and individual accountability in which dutiful supervision is strengthened while superiors are appreciated as philosopher kings, role models, and mentors. 相似文献
3.
Elina Staikou 《International Journal for the Semiotics of Law》2010,23(3):283-298
The article attempts to think friendship in its relation to law and justice and provides some arguments for the importance
of this concept in Derrida’s ethical, legal and political philosophy. It draws on early texts such as Of grammatology and reads them in conjunction with later texts such as The animal that therefore I am. The relation of friendship to law and justice is explored by means of Derrida’s notion of “degenerescence” understood as
the necessity or law of indeterminateness that cuts across, both limiting and de-limiting, all laws, types and generic partitions,
for instance, juridical (natural and positive right), humanistic (human and animal), anthropological (sexual difference),
philosophical (physis and nomos). Drawing on Derrida’s readings of “sexual difference” in Heidegger and the latter’s evocation of “the voice of the friend”
in Being and time, the article addresses the theme of Geschlecht and articulates the exigency to think sexual difference beyond duality together with the exigency to rethink law and right
otherwise than on the ground of nativity and “natural fact” and in terms of what Derrida calls “a friendship prior to friendships”
at the origin of all law and socius. 相似文献
4.
In this paper we argue that the theoretical work of Goffman (1961) on “total institutions,” Foucault’s (1977) insights into the workings of disciplinary power, and an account of contemporary forms of punishment and social control
in postmodern society (Staples 2000) help us better understand the experiences of those individuals sentenced to house arrest. Based on face-to-face interviews
with twenty-three people being electronically monitored in a Midwestern metropolitan area, our analysis identifies three themes
that illustrate the ways in which electronic monitoring is experienced as a complex amalgam of what Goffman (1961, p. 13) saw as the distinct “home world” and the “institutional world”. These themes include (1) “Home is Where the Machine Is,” (2) “Producing Docile Bodies,” and (3) “Threat of Sanctions”. We reassert our claim (Staples 1994, 2000) that contemporary forms of social control such as electronic monitoring reflect an ongoing struggle to deal with problems
and issues set in motion with the birth of modernity. 相似文献
5.
6.
Said Pournaghash-Tehrani 《Journal of family violence》2011,26(2):93-99
The purpose of the present article was to determine the ability of cognitive factors (beliefs and attitudes) and adverse childhood
experiences to predict men’s reactions towards their spouses’ violence. To do so, 120 males who had referred to family court
to seek divorce due to spouses’ violence were randomly selected and an author’s -made questionnaire containing 27 subscales
was administered to them. Four of the 27 subscales comprised of 22 questions regarding “types of reactions towards spouses’
violence”, “attitudes towards spouse”, and “experiencing family violence during childhood”. Our results showed that witnessing
violence during childhood could positively predict reactions such as “cessation of relationship” and “reprisal”. Men’s beliefs
regarding “permission to use violence” could positively predict reaction such as “cessation of relationship”. Furthermore,
factors such as “Believing his wife is more knowledgeable” and “Wife’s Physical Appearance” negatively predicted reactions
such as “Cessation of relationship” and “Tolerance”. Also “Man’s perceived career success” positively predicted the reaction
of “Attempts to Resume Relationship”. These results are discussed in the context of the existing literature. 相似文献
7.
Stephen E. Blythe 《European Journal of Law and Economics》2008,26(1):75-103
Croatia’s Electronic Signature Act (“ESA”) was enacted in 2002. The ESA is third-generation and provides for legal recognition of all types of E-signatures, but gives
preferred status to the digital signature. The ESA provides for regulation of Certification Authorities (“CA”), who may voluntarily
elect to become accredited if they are able to comply with stringent financial and technical requirements. The principal duties
of CA’s are to: issue certificates to successful applicants; confirm the authenticity and integrity of E-signatures to relying
third parties; maintain a repository of certificates which may be accessed by the public; and cancel a certificate if any
information contained therein is discovered to be inaccurate. The ESA covers legal liability of CA’s and punitive measures
which may be taken against them if they violate the ESA. The Electronic Document Act (“EDA”) was enacted in 2005. The EDA specifies how an E-document can be used to comply with a statutory requirement for production
of a paper document or an original document. The EDA also creates a legal presumption of admissibility of evidence in electronic
form, and contains rules pertinent to assumed time/place of transmission/receipt of an E-message. The EDA covers liability
of Internet service providers and specifies several computer crimes. The Electronic Commerce Act (“ECA”) was enacted in 2003. The ECA provides for basic E-contract rules, basic regulation of E-commerce sellers, and basic consumer
protections of E-commerce buyers. Although it was a satisfactory first-step, the ECA needs to be fine-tuned with the following
modifications: (1) add E-contract attribution rules; (2) improve the E-contract acknowledgement-of-receipt rules; (3) add
E-contract rules for carriage contracts; (4) strengthen the consumer protections of E-commerce buyers; (5) establish information
technology courts for resolution of E-commerce disputes; (6) add cybersuite provisions; and (7) add explicit long-arm jurisdiction
over foreign E-commerce sellers.
相似文献
Stephen E. BlytheEmail: |
8.
This study examined maltreated and non-maltreated children’s (N = 183) emerging understanding of “truth” and “lie,” terms about which they are quizzed to qualify as competent to testify.
Four- to six-year-old children were asked to accept or reject true and false (T/F) statements, label T/F statements as the
“truth” or “a lie,” label T/F statements as “good” or “bad,” and label “truth” and “lie” as “good” or “bad.” The youngest
children were at ceiling in accepting/rejecting T/F statements. The labeling tasks revealed improvement with age and children
performed similarly across the tasks. Most children were better able to evaluate “truth” than “lie.” Maltreated children exhibited
somewhat different response patterns, suggesting greater sensitivity to the immorality of lying. 相似文献
9.
Douglas Osto 《Journal of Indian Philosophy》2009,37(3):273-290
This article argues for a new interpretation of the Sanskrit compound gaṇḍa-vyūha as it is used in the common title of the Mahāyāna text the Gaṇḍavyūha-Sūtra.The author begins by providing a brief history of the sūtra’s appellations in Chinese and Tibetan sources. Next, the meanings
of gaṇḍa (the problematic member of the compound) are explored. The author proposes that contemporary scholars have overlooked
a meaning of gaṇḍa occurring in some compounds, wherein gaṇḍa can mean simply “great,” “big” or “massive.” This general sense is particularly common in the compound gaṇda-śaila (a “massive rock” or “boulder”) and is found in such texts as the Bhāgavata Purāṇa, the Harivaṃśa and the Harṣacarita. Following the discussion of Gaṇḍa, the author examines the term vyūha (“array”) as it is used in the Gaṇḍavyūha-sūtra. The article concludes with the suggestion that a more appropriate translation of the Gaṇḍavyūha-sūtra would be “The Supreme array Scripture.” 相似文献
10.
Shachar Eldar 《Criminal Law and Philosophy》2012,6(2):207-225
Criminal law doctrine fails to provide an adequate solution for imputing responsibility to organized crime leaders for the
offenses committed by their subordinates. This undesirable state of affairs is made possible because criminal organizations
adopt complex organizational structures that leave their superiors beyond the reach of the law. These structures are characterized
by features such as the isolation of the leadership from junior ranks, decentralized management, and mechanisms encouraging
initiative from below. They are found in criminal organizations such as the American Mafia, the Japanese Yakuza, and even
outlaw motorcycle gangs. The paper offers a doctrine that may transcend this shortcoming. Referred to as “leaders’ liability,”
this doctrine will be assessed and appraised through a comparison with competing theories such as accomplice liability, Organisationsherrschaft, and conspiracy. 相似文献
11.
Christopher R. Austin 《Journal of Indian Philosophy》2009,37(6):597-625
12.
This paper examines the Buddhist’s answer to one of the most famous (and more intuitive) objections against the semantic theory
of “exclusion” (apoha), namely, the charge of circularity. If the understanding of X is not reached positively, but X is understood via the exclusion
of non-X, the Buddhist nominalist is facing a problem of circularity, for the understanding of X would depend on that of non-X,
which, in turn, depends on that of X. I distinguish in this paper two strategies aiming at “breaking the circle”: (i) conceding
the precedence of a positive understanding of X, from which a negative understanding (i.e., the understanding of “non-X”)
is derived by contrast, and (ii) denying any precedence by proposing a simultaneous understanding of both X and non-X. I consider
how these two options are articulated respectively by Dharmakīrti in his Pramāṇavārttika cum Svavṛtti and by one of his Tibetan interpreters, Sa skya Paṇḍita, and examine the requirements for their workability. I suggest that
Sa skya Paṇḍita’s motivation to opt for an alternative solution has to do with his criticism of notions shared by his Tibetan
predecessors, an outline of which is given in Appendix 1. In Appendix 2, I present the surprising use of the charge of circularity
by an early Tibetan logician against his coreligionists. 相似文献
13.
The decision of the International Court of Justice in the case concerning the application of the Convention on the Prevention
and Punishment of the Crime of Genocide (“Genocide Convention”) highlights states’ obligations under the Convention, especially
the obligation to prevent. When it comes to the case concerning the International Convention on Elimination of All Forms of
Racial Discrimination (“Racial Discrimination Convention”), the decision of the Court indicating provisional measures seemingly
purported to generalize its jurisprudence in the Genocide Case. By elaborating this kind of new jurisprudence, the Court echoed
to the responsibility to protect, as well as to Article 48 and Article 54 of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts (“Draft Articles of State Responsibility”). It appears that each State Party should have an obligation to intervene in the
coming genocide incidence, perhaps as well as in the coming racial discrimination cases. Nevertheless it is unclear in what
manner a state could implement it effectively. 相似文献
14.
Jan M. Broekman 《International Journal for the Semiotics of Law》2007,20(3):223-236
Lawyers write, blog and are otherwise producers of words; they structure public life through legal discourse and integrate
all issues that reinforce legal reasoning. Even if one is inclined not to justify the power of their words in the context of a democratic theory, one is hardly able to challenge its public acceptance.
But semiotic analyses harden the question whether these emperors wear nothing but robes. That attitude intensifies where medicine
becomes increasingly relevant for legal discourse, as becomes clear where for instance US political viewpoints bring bioethical
issues to the Courts. One major theme in today’s medicine pertains to identity in its psychological, philosophical and social dimensions. Identity thus becomes a groundbreaking semiotic issue in law and medicine; both discourses are particular important to the otherness of the other. A US criminal law case interests here (Harrington
v. State of Iowa, 2003; cited as: 659N.W.2d 509). The case is decided with “information about what the person has stored in
his brain”. A chain of signs is involved: from “brain-function” to “brain-storage” via “brain-scan” to “brain-fingerprint”,
for which the case became famous. A long series of signs and meanings belong here to intertwined discourses. Central is a
particular sign in each discourse: “brain” means brain scan, and “fingerprint” means law! The two display trading mechanisms, which determine the otherness of the other and the self! The chain of signs in the Harrington case shows inter-disciplinarity in law and inter-discursivity among law and medicine. The trading itself underlines the semiotic dimensions in cyberspace, in particular the semiotics of the
virtual (Hayles, Kurzweil) and their effects on legal discourse. 相似文献
15.
Larry C. Mullins 《American Journal of Criminal Justice》1979,4(2):95-111
This paper reviews existing literature and examines three questions : a) the nature and extent of criminal victimization of
the elderly, b) the impact of crime on the lives of the elderly, and c) suggested crime prevention measures. One finds that
contrary to popular opinion the elderly are less frequently criminally victimized than persons in younger age groups. The
1966 NORC survey, 1972 Denver Victimization Survey, and the 1973 LEAA Survey, all show that the elderly in comparison to younger
age groups are victimized less frequently for most personal crimes. However, there is variability in regard to who among the
elderly are more likely to be victimized. In profile the elderly at highest “risk” are single females who are socially isolated,
have physical or mental impairments, incomes below $3000 per year, and live in or near high crime areas.
Despite the fact that the elderly are less frequently victimized than others their “fear of crime” is greater, and has been
increasing since 1965, than other age groups. Many factors are important in fueling their fear. Some of the more important
concerns are the elderly’s physical and emotional vulnerability, especially in high crime areas, and their isolation (both
socially and self-imposed) from others within a community.
There are, however, efforts being made to further protect the elderly against crimes and to reduce their fear. Several examples
of existing programs established in an effort to ameliorate the problems are specified. Also, suggestions, based on research
findings, are made which could further deter crimes against the elderly and lessen the insidious fear of crime that exists. 相似文献
16.
Qianfan Zhang 《Frontiers of Law in China》2007,2(1):23-43
This paper discusses the evolution and recent trends in the development of the constitutional concept of “public use” in the
case-law history of the United States starting from the source of US government’s taking powers and the original meaning of
the Taking Clause in the Fifth Amendment of the United States Constitution. Since the concepts of “public use” and “public
interest” are extremely difficult to be defined, it is very hard for the US courts to develop a relevant operative criterion.
In the United States, the safeguard of “public interest” in taking mainly lies legislative rather than judicial control. In
a democratic society, legislative judgment is highly respected by the courts and the entire takeovers that conform to public
use as determined by the Congress are usually deemed constitutional. In this sense, the Congress is a “public interest machine”,
which automatically generates laws and decisions on behalf of public interests through the democratic representative process.
The paper eventually suggests that China should divert its attention from the theoretical definition of “public interest”
to institutional construction, and should make the National and Local People’s Congresses and their standing committees to
play major roles in deciding taking and compensation schemes.
__________
Translated from Zhongguo Faxue 中国法学 (China Law), 2005, (5): 36–45 相似文献
17.
The convergence of the three nets of telecommunication, television and Internet is a general trend of development. Though
the “convergence of three nets” promotes the competition in the relevant markets, it causes relatively big impacts on the
existing legal order. To meet the challenges brought forth by the “convergence of three nets”, many countries and regions
have successively adopted effective measures for legal transformation, not only integrating laws and regulations on the telecommunication
industry, but also attaching high importance to the transformation of the legal adjustment and control mode where increasingly
more emphasis is laid on the influence and functions of competition law in the “convergence of three nets”. China’s antimonopoly
law shall also play an important role during the process of the “convergence of three nets”. With respect to the definition
of the relevant market and identification of monopoly practices, we shall closely combine the features of the “convergence
of three nets” and pointedly apply the antimonopoly law. 相似文献
18.
This paper examines whether the psychological sequelae of rape relate to rape case attrition by leading police to see the
victim as less reliable. A mixed methods approach with two linked studies, one qualitative and one quantitative, was used.
In Study 1, the qualitative study, interviews with 12 specialist police officers were analysed using Framework Analysis. In
Study 2, the quantitative study, 76 specialist officers completed an online questionnaire to assess the generalisability of
Study 1’s findings. In Study 1, officers’ perceptions of victims clustered into three stereotypes, which we label “the real
victim”, “the mad discloser”, and “the bad discloser”. Victims who exhibited signs of shame, self-blame, and post-traumatic
stress reactions which impeded their ability to give a coherent account of the rape were perceived as less reliable “mad”
or “bad” victims. The findings of Study 2 supported these results. Although police interview strategies have improved in recent
years, there is evidence that signs of trauma and shame in the victim are sometimes misinterpreted as signs of lying. This
may affect attrition by impacting on victim-officer relationships. Further training on recognising trauma and understanding
its consequences is recommended both for specialist officers and front-line staff. 相似文献
19.
Zhixiong Huang 《Frontiers of Law in China》2011,6(1):35-43
Under the auspice of the GATT, the idea of “single undertaking” was introduced in the Uruguay Round to get rid of what is
called “GATT à la carte” in the Tokyo Round and to strengthen the trading system. However, that approach, combined with other factors, in particular
the consensus decision making rule, greatly increased the difficulties of decision making in the World Trade Organization
(WTO). This article proposes a “WTO à la carte” approach for trade negotiations and discusses its implications for the future of trade multilateralism. 相似文献
20.
Steven G. Medema 《European Journal of Law and Economics》2011,31(1):11-38
“The Problem of Social Cost” is rightly credited with helping to launch the economic analysis of law. George Stigler plays
a central role in the professional reception of Coase’s work and, in particular, of the idea that came to be known as the
Coase theorem. While Coase’s negotiation result was taken up in the scholarly literature not long after the publication of
“The Problem of Social Cost,” it was Stigler who gave the theorem its name and introduced it to scores of readers in The Theory of Price (1966). His remaking of Coase’s idea into a “theorem” had significant rhetorical force, which, combined with the challenge
that it pose to received thinking about externality problems, both lent credibility to the idea and made it a force to be
reckoned with. The present paper analyzes Stigler’s various commentaries on the Coase theorem with a view to getting at both
how Stigler understood the theorem and its import and why he exhibited such a fascination with it over the last 30 years of
his life. 相似文献