Comment on Roger Cotterrell “Sociological interpretations of legal development”

In this comment I try to point to some connections between law and society research on the one hand and law and economics work on the other. In emphasizing general similarities, I am trying to connect different bodies of literature that stem from different disciplinary backgrounds but in complementing each other might be fruitfully combined in interdisciplinary law and economics-law and society projects.     

Hart Interviewed: H.L.A. Hart in Conversation with David Sugarman

Within the English-speaking world, H.L.A. Hart (1907–1992) is regarded as the twentieth century's foremost legal philosopher. He revived the moribund discipline of jurisprudence, reorientating it so that the qualities associated with analytical philosophy in the second half of the twentieth century² were applied to the investigation of the most fundamental concepts of law and to major public issues, notably, the complex relation between law and morality. As a colleague, teacher, mentor, and author, he exercised a profound influence, an influence that extended to the 'real world' and 'real issues'. From the late 1950s onwards, he championed a new humaneness in punishment, speaking and writing for a right to abortion and against the death penalty and the prosecution of people because of their sexual preferences. His exploration of the balance between the modern welfare state and individual liberty - in particular, the legitimate use of state power to impose standards of private morality -produced an eloquent and highly influential manifesto for modern political liberalism. As Tony Honore, his close colleague at Oxford, put it,'He was the most widely read British legal philosopher of the twentieth century and his work will continue to be a focus of discussion.³     

Peace Profile: Roger Casement

In an earlier “Peace Profile,” Patrick Cannon provides a comprehensive account of the life of Roger Casement, a person who identified with the Irish nationalist community, in spite of the fact that he was raised in an Ulster, Protestant family and worked as a representative of British imperialism during the Victorian and Edwardian eras. It was his experiences as a British counsel in the Congo Free State and in the Putumayo region of Peru that convinced Casement that imperialism had, in fact, systematically oppressed native peoples and perpetrated horrendous human rights atrocities. His official reports to the British government helped to end abuses by the representatives of King Leopold II in the Congo and by officials of the Peruvian Amazon company in Peru. This significant work for humanitarian causes prompted Cannon to suggest that Casement should be regarded as an exemplar for peace activists and humanitarians everywhere.     

Jurist in Context: William Twining in Conversation with David Sugarman

This discussion derives from extended conversations between William Twining and David Sugarman in which William talks about his latest book, Jurist in Context: A Memoir (JIC). JIC recounts the development of William's thoughts and writings, addressing topics central to his life and research. The dialogue conveys and extends the arguments on a selection of the topics addressed in the book, engaging with issues of particular interest to readers of this journal. Here, William adds a more personal commentary to his formal publications. The conversation facilitates reflection on issues such as law teaching and legal scholarship; the meaning, use, and limitations of ‘law in context’; and the role and character of jurisprudence. It also offers a fascinating window on the development of, and the struggles surrounding, legal education and academic legal thought over the second half of the twentieth century and the early part of the twenty-first.     

论司法言谈笔录缺席的语境

司法言谈笔录文本将客观事实“转化”成语言存留时,分割了司法视角的阅读人和客观言谈语境的共时性。法律的规制和司法便利功能、记录人员选材和文字表达差异造成司法言谈笔录中某些语境的缺席。只要真正做到将事实与价值分离,其缺席语境就会自然恢复。     

公证谈话笔录之我见

在法律活动中,凡是以实录的形式记录下来的文字材料,均可被称为笔录①。笔录种类繁多,按制作笔录主体分:有刑侦笔录、检察笔录、庭审笔录、公证笔录等。就公证活动内容而言,又可分为谈话笔录、调查笔录、现场活动笔录、现场勘验笔录等。公证活动需要笔录,笔录体现公证活动。《公证法》第27条第2款规定:“公证机构受理公证申请后,应当告知公证当事人所申请办理的公证事项的法律意义和可能产生的法律后果,并将告知内容记录存档”。既然告知内容要记录存档,就有必要制作谈话笔录,制作笔录是法律赋予公证机构和公证员的权力和义务。笔者结合多年…     

A Welcome Conversation: Toward a New Historiography of Intellectual Property

This essay considers what tools should be used to study the legal history of intellectual property. I identify three historiographical strategies: narration, contest, and formation. Narration identifies the diverse “narrative structures” that shape the field of intellectual property history. Contest highlights how the inherent instability of intellectual property as a legal concept prompts recurrent debates over its meaning. Formation recognizes how intellectual property historians can offer insight into broader legal history debates over how to consider the relationship between informal social practices and formalized legal mechanisms. I consider Kara W. Swanson's Banking on the Body: The Market in Blood, Milk and Sperm in Modern America (2014) in light of these historiographical strategies and conclude that Swanson's book guides us to a new conversation in the legal history of intellectual property law.     

“用文字来表现一种造型感”——论罗杰·弗莱设计美学对伍尔夫小说实验的影响

弗吉尼亚·伍尔夫的现代主义小说实验深受英国艺术批评大师罗杰·弗莱视觉艺术观念的影响。弗莱高度重视形式与设计,认为画家要运用线条、色彩、块面等手段赋予画面的整体结构以稳固、和谐和富于秩序的效果,而他惊喜地在法国后印象派画家塞尚的画作中找到了自己艺术追求的现实范本。在他的影响下,伍尔夫的小说也着力追求绘画的结构设计与空间造型特征,体现出塞尚画风的明显影响。     

浅谈如何在劳教场所有效开展个别谈话教育

苏霍姆林斯基曾经说过:"如果学生不愿意把自己的欢乐与痛苦告诉老师,不愿意与老师坦诚相见,那么谈论任何教育都是不可能的."针对劳教人员的教育矫治也必须经过坦诚相见这一过程,而个别谈话就是实现这一过程的重要途径. 个别谈话是一种谈话双方为实现相互理解、交流感情、明辨是非等目的而进行的一对一的言语活动.     

The Importance of Conversation in Transitional Justice: A Study of Land Restitution in South Africa

One of the most replicated findings of the procedural justice literature is that people who receive unfavorable outcomes are more likely to believe that the process was nonetheless legitimate if they thought that it was fair. Using interviews of 150 people compensated through the South African land restitution program, this article examines whether these findings apply in the transitional justice context where it is often unclear who the winners and losers are. The question explored is: When all outcomes are unfavorable or incomplete, how do people make fairness assessments? The central observation was that the ability of respondents and land restitution commission officials to sustain a conversation with each other had the greatest effect on whether respondents believed that the land restitution process was fair. The study also contributes to the existing literature by exploring the institutional arrangements and resources necessary to facilitate communication and to overcome any communication breakdowns encountered.     

Amicus Acceptance and Relevance: The Distinctive Example of Philip Morris v. Uruguay

Netherlands International Law Review - In the last decade amicus intervention has become increasingly prevalent in investor-state arbitration. As part of a generalized drive towards transparency,...