Fabre’s Crusade for Justice: Why We Should Not Join

Cosmopolitan War is characterized by a tension between moral demandingness and moral permissiveness. On the one hand, Fabre is strongly committed to the value of each and all human beings as precious individuals whose value does not depend on their national or other affiliation. This commitment leads to serious constraints on what may be done to others in both individual and national self-defense. Yet the book is also unambiguously permissive. It opens the gate to far more wars than traditional just war theory would ever permit, in particular to what Fabre has dubbed ‘subsistence wars’, and it rejects the most fundamental constraint imposed by traditional jus in bello, namely, the prohibition against the deliberate killing of civilians. While both the demanding and the permissive aspects of the book seem troublesome to me, the latter seem more so and most of my paper is devoted to a critical examination of them. In the last part of the paper, I point to a different outlook to the one defended in the book and try to show that this outlook is less foreign to Fabre’s outlook than one might expect.     

中国法律方法论研究是否应拒绝诗性思维

在中国法律方法论的研究中,诗性思维似乎要成为一个亟待摆脱的羁绊。诗性思维作为一种思维方式,因其对逻辑思维规则的拒斥而与逻辑思维相对立。但是,它乃是中国传统文化的固有特征,已沉淀为中国人的思维方式,是中国人思考问题、解决问题过程中的一个无法回避、无法剔除的因素。仅仅把诗性思维方式看作中国法律方法论研究的羁绊无助于中国法律方法论的建构。     

Getting Rid of Dichotomous Sex Estimations: Why Logistic Regression Should be Preferred Over Discriminant Function Analysis

Sex estimation is an important part of creating a biological profile for skeletal remains in forensics. The commonly used methods for developing sex estimation equations are discriminant function analysis (DFA) and logistic regression (LogR). LogR equations provide a probability of the predicted sex, while DFA relies on cutoff points to segregate males and females, resulting in a rigid dichotomization of the sexes. This is problematic because sexual dimorphism exists along a continuum and there can be considerable overlap in trait expression between the sexes. In this study, we used humeral measurements to compare the performance of DFA and LogR and found them to be very similar under multiple conditions. The overall cross-validated (leave-one-out) accuracy of DFA (75.76–95.14%) was slightly higher than LogR (75.76–93.82%) for simple and multiple variable equations, and also performed better under varying sample sizes (94.03% vs. 93.78%). Three of five DFA equations outperformed LogR under the B index, while all five LogR equations outperformed the DFA equations under the Q index. Both methods saw an improvement in overall accuracy (DFA: 86.74–95.79%; LogR: 86.74–95.76%) when individuals with a classification probability lower than 0.80 were excluded. Additionally, we propose a method for calculating additional cutoff points (PMarks) based on posterior probability values. In conclusion, we recommend using LogR over DFA due to the increased flexibility, robusticity, and benefits for future users of the statistical models; however, if DFA is preferred, use of the proposed PMarks facilitates future analysis while avoiding unnecessary dichotomization.     

Pat‐Downs But No Hugs: Why Prison Visitation Protocol Should be Changed to Help Keep Familial Structures Intact

In the United States there are almost three million children who have one or both parents incarcerated. Parental incarceration negatively impacts children in several ways. Visitation protocol varies across facilities nationwide with no modification in protocol for minors. Parental rights are disrupted by visitation protocol because of cost‐prohibitive access and extreme security measures. This Note proposes a model statute that would change visitation protocol to facilitate a clear‐cut set of visitation processes that are tailored to ensure prison safety while also fostering and maintaining a positive relationship between a minor child and his/her incarcerated parent.     

Wild Justice Redux: What We Know About Social Justice in Animals and Why It Matters

Social justice in animals is beginning to attract interest in a broad range of academic disciplines. Justice is an important area of study because it may help explain social dynamics among individuals living in tightly-knit groups, as well as social interactions among individuals who only occasionally meet. In this paper, we provide an overview of what is currently known about social justice in animals and offer an agenda for further research. We provide working definitions of key terms, outline some central research questions, and explore some of the challenges of studying social justice in animals, as well as the promise of the work we're proposing. Finally, we suggest why continued research into animal cognition and social behavior has significant ethical implications for our treatment of nonhuman animals.     

Why Listening to Children and Young People is Important in Family Justice

During the last 30 years, there has been a growing body of evidence indicating that children and young people often feel marginalized when their parents are making critical decisions that will shape their young lives, and they are calling for family justice professionals to hear their voices. This article explores the research evidence, examines the relevant theories about child development, and demonstrates how a focus on age‐related competency fails to take account of children's subjective meanings about their lives. The authors consider a model of participation first designed to understand adult participation in government and show how this can be usefully applied to understanding children's participation in family justice.     

公证中要严格履行好法定程序

我国有关法律规定,年满十八岁的公民为完全行为能力人,其权利的行使和义务的承担都会依有关法律规定得到预期保障和制约。故日常生活中,我们一般推定以常态交往的自然人为完全行为能力人,申办公证不会要求当事人都去提供有行为能力的证明。对无行为能力或限制行为能力人的认定将使一些特定主体的权利行使和义务承担不受现行法律的规范、制约,因此须经严格的法定程序,这是办理公证中必须明确的。     

Why Juvenile Courts Should Address Family Violence: Promising Practices to Improve Intervention Outcomes

The prevalence of domestic violence in juvenile court cases justifies modifying our interventions to reflect this unfortunate reality. This article focuses primarily on juvenile victimization of parents and the model programs emerging in juvenile courts to address it. Part I examines family violence's prevalence in the juvenile court caseloads, despite its lack of consideration in most dispositions. Part II begins with a comparative analysis of the drug court trend and discusses the trend's applicability for specialized family violence applications in the Juvenile Court. The King County (Wash.) Juvenile Court's Step‐Up Program is introduced, which directly addresses family violence with intervention programs for youth perpetrators and abused parents, followed by the Santa Clara County (Calif.) Juvenile Court's Family Violence program, shown as a model worthy of replication. Part III details the process by which the Travis County (Texas) Juvenile Court is implementing a program similar to these models. Part IV concludes that juvenile courts must address family violence as an overt or underlying issue in many cases and must identify and address the danger to our troubled youths, whether offender or victim. I argue that the domestic violence community's treatment expertise must inform our juvenile courts' interventions with violent, often insular, families. In Travis County, we are committed to learning as much as possible about youth resilience–to identify and treat battered and battering teens to prevent the inter‐generational cycle from repeating itself while making our homes, communities, and schools safe.     

公民道德的应然逻辑:反身价值

我国的公民道德教育长于灌输应该如何生活的理由,却拙于阐述"为何应该"。公民道德的反身价值是对"为何应该"的理性思考,也是公民道德教育必须予以重视的一般原理性问题。一个能对社会产生德性影响的公民一定是一个幸福、富有责任感的公民,而这样的公民也必然需要反身价值的支撑和保护。为此,学校道德教育需突显公民道德的反身价值,以此增强公民道德对公民的内在吸引力和对社会的精神导引力。     

并非有一种值得期待的宣言——我们时代的法学为什么需要重视方法

每一个时代都有自己的独特的法律现象或法律问题,各个时代的法学必须针对这些现象或问题提出新的解释或解决方案。中国法学现今的问题是:对什么是法学之“学”,尤其什么是法学的性质和立场并没有统一而明确的认识;知识生产无序化的现象;法学不能为实践提供智力支持。针对上述问题,我们的对策是:一是让法学的知识兴趣从政策定向转向司法定向;二是使法学视角返归实在法;三是法学向方法的回归。法学方法论的研究,从一个侧面为我们的法学建构提供一种观照的镜鉴,一种特殊的精神气质和建立法学知识标准的某种进路。我们可以对一切缺乏方法论支持的所谓学术创造提出最低限度的质疑。     

功能转向抑或教义坚守:应急状态下刑事司法的实践和规范

突发事件应急治理是一个全局性的工作,需要各部门法在治理目的的统摄下相互协调、综合应对。无论从刑事法律体系功能化转向还是应急治理对国家权力、个人权利的重新塑造来看,刑事司法基于应急治理需求的应变具有当然正当性。然而突发事件带来的情势急转,存在刑事法律滑向工具主义、应急目的的非理性反应和对应急权力制约弱化的潜在风险,这就要求刑事法律在适用过程中严守人权保障底线,在充分考量集体法益共识形成过程和精准判断特殊法益侵害的情形下,谨慎、规范地适用刑事法律规范。     

专利申请文件撰写中应当注意的几个问题

专利法第26条第1款规定,申请发明或实用新型专利的,应当提交请求书、说明书及其摘要和权利要求书等文件。也就是说,一项发明创造必须由有权申请的人以书面形式或国家知识产权局规定的其它形式向国家知识产权局提出申请,这是取得专利权的前提。这些以书面或者国家知识产权局规定的其它形式提交的申请文件被称作“专利申请文件”。 但是有了一项好的发明创造,并不意味着必然能够获