Reflexiones sobre la dignidad humana en la actualidad

The concept of human dignity has its origin in ancient Greece, but is enriched in meaning and scope throughout the development of human history. From being a concept linked to social position, to express the autonomy and moral capacity of people, making it the undisputed foundation of human rights. Human dignity has special relevance, as an element to confront and develop standards for social transformations caused by scientific and technological development. In this paper we focus on addressing those concerning the beginning of human life and its end.     

The Damage Done: Cocaine Methods in Detroit

The pro-competitive antitrust doctrine has originated in the free-market economies of Western capitalist countries but with economic transformations in Eastern Europe the doctrine ceased to be an exclusive Western concept. Using the example of the Polish law on combating Trust in the National Economy of 1987, the author demonstrates the spread of the antitrust doctrine from capitalism to socialism. Apart from these changes, the doctrine has been spreading on the international level because increasingly it has found application not only within particular countries but also with regard to trade and commerce between and among countries. The multidimensional nature of the antitrust doctrine has important implications for combating both domestic and international antitrust crime. The efficiency of efforts to combat abuse of a dominant market position, limiting access to the market or other forms of restraining competition will depend increasingly on the degree to which organs responsible for fighting antitrust crimes are willing to benefit from the multi-dimensional nature of the antitrust doctrine.     

Regional Development in the Knowledge-Based Economy: The Construction of Advantage

In this introduction the editors showcase the papers by way of a structured project and seek to clarify the two key concepts cited in the title. We consider the history of the idea that knowledge is an economic factor, and discuss the question of whether regions provide the relevant system of reference for knowledge-based economic development. Current transformations in university-industry-government relations at various levels can be considered as a metamorphosis in industry organization. The concept of constructed advantage will be elaborated. The various papers arising from a conference on this subject hosted by Memorial University, Newfoundland, Canada are approached from this perspective.     

Crime waves, culture wars and societal transformations

This paper argues that during key periods of social change in American history attempts to reform deviants and the debate over how to do it plays an important role the redefinition of values and norms and the achievement of a new consensus as to those values and norms in society. The current period (1968-present) is identified as one such period. The paper compares the current period with two other periods in American history, the antebellum period (1820–1860) and the Progressive Period (1890–1920). During both periods there was a wide spread sense of growing social disorder-fear of the dangerous classes in urban areas; a sense that cities were being overrun by immigrants; a general feeling that crime, dependant poverty, and delinquency were out of control. The wide spread sense of social breakdown during both periods was a response to fundamental changes going on at a societal level and resulted in significant social transformations. Basic changes in institutions of social control play a significant role in these social transformations during both these earlier periods. The paper argues that the current period (1968-present) is strikingly similar to the previous two, both in terms of the wide spread popular fear of social breakdown and in terms of the fundamental social changes taking place in society. The paper concludes with an exploration of the role reforms in institutions of social control broadly conceived might play in the general social transformations now occrring in American society.     

甲基安非他命（冰毒）诱导基因表达变化研究进展

甲基安非他命进入机体后,其最根本的变化是引起了成瘾者许多基因转录和表达改变。这些基因包括与神经元损害有关的基因、与日节律有关的基因、与行为异常有关的基因及其它一些无法分类的基因。它们基因转录和表达水平增高或者降低引起了甲基安非他命成瘾者各种临床表现。研究这些基因表达可以为法医学鉴定提供依据。     

犯罪现场新概念

犯罪现场的概念伴随犯罪的产生而产生，也伴随着犯罪的变化而变化，现实斗争呼唤对犯罪现场概念的进一步认识。比较国内外的探索轨迹不难看出，传统的犯罪现场概念背离了科学定义规范，使其外延既有扩大的一面,又有缩小的成分。科学而切合现实的概念应当这样表述犯罪现场是指发生和存在犯罪行为的地点和场所。     

劳动刑法:理念转变与立法完善

从劳动法治意义上说,劳动刑法是法律理念与法律制度融合的产物。在劳动法治之下,劳动刑法的基本理念应实现从法治国家理念到福利国家理念、从形式法治理念到实质法治理念、从国家优位理念到社会优位理念、从强式公平理念到弱势公平理念的根本转变。以这些更新的理念为根基,劳动刑法立法随之而来也应该发生一些基本变化,即理性定位工会在刑法中的合法地位;协调刑法与劳动法律之间的冲突以及理顺不同劳动犯罪之间的罪责矛盾。     

科学发展观视野下的经济法价值变动与制度权衡

科学发展观与经济法在人本主义、平衡协调和可持续发展等方面的价值理念具有内生的一致性。在强调科学发展观的大背景下,经济法价值理念的内涵必然随之丰富和发展,必然更加注重人本理念,实现发展与效益理念的更新,以及安全和公平理念内涵的重构,由此达到经济法体系的自我完善和具体制度的建构。经济回应性特征要求在顺应科学发展观要求下对政府运行进行制约,规制政策变动和权力运行,推动政府运行法治化。     

Swaying the Hand of Justice: The Internal and External Dynamics of Regime Change at the International Criminal Tribunal for the Former Yugoslavia

This article develops a conflict approach for studying the field of international criminal law. Focusing on the International Criminal Tribunal for the Former Yugoslavia, we draw on Burawoy's (2003 ) elaboration of reflexive ethnography to determine how external political changes affect the work of an international legal institution. We explore how political frameworks of legal liberalism, ad hoc legalism, and legal exceptionalism result in internal office, organizational, and normative changes within this Tribunal, thereby linking national political transformations with the construction of the global. Drawing on rolling field interviews and a two-wave panel survey, we conclude that the claims to universals that underwrite transnational legal fields cannot be understood solely through an analysis of external political forces, but must be combined with attention to how these are refracted through internal organizational change within international institutions.     

Rising crime rates amidst transformations in Eastern Europe: Socio‐political transition and societal response

Unprecedented and dramatic increases in crime rates in countries of Eastern Europe (data are available to document the increases for Poland, Bulgaria, Romania, the Czech Republic, Slovakia, and many of the former Soviet Republics) raise the issue of whether the political and social transformations that have been taking place in Eastern Europe must inevitably lead to social disruption and resulting crime increases. Since the nature of the phenomenon is historically unique (there has never been a similar revolutionary transition from socialism to capitalism), a new, unconventional, and innovative theoretical approach is needed to account for the phenomena being discussed here. Assuming that the transformations can be legitimately subsumed under the concept of ‘‘socio‐political process,’’ the purpose of the paper is to identify some basic and inherent characteristic features of the causal mechanism at work, specifically —?''How do the dynamics of the Eastern European socio‐political process explain the rising crime rates?'’ (''What causal factors inherent in the dynamics are responsible for the crime rises?'') Another issue to be examined is that because of the unprecedented nature of the process being talked about here, a different dimension of the socio‐political process theory must be realized and examined. The paper will be based on three hypotheses: 1. The Eastern European transformations imply a need for a new component of the socio‐political process theory (transition from socialism to capitalism, not vice versa as has historically been the case).

2. To the extent that crime is a product of socio‐political change, crime rates are bound to increase much more during a socialism‐to‐capitalism transition rather than during a capitalism‐to‐socialism transition.

3. Some inherent traits of socialism‐to‐capitalism transitions explain why crime rates increase much more during those transitions than during capitalism‐to‐socialism ones.

     

公共空间运用大规模监控的法理逻辑及限度——基于个人信息有序共享之视角

为应对现代化进程中的社会风险,安抚公众对风险的恐慌情绪,公共空间大规模监控随之诞生,并迅速在现实社会和网络空间中全面运用。公共治理不能取安全保障而舍隐私保护,公共空间大规模监控的运用并非以牺牲隐私权为代价,而是在保障安全法益的同时兼顾隐私法益的保护。在此"既保障安全,又保护隐私"的法理念下,公共空间大规模监控的运用体现了风险治理从个人本位走向社会本位的转变趋势,并促进了个人信息保护从自主支配到有序共享的逻辑转换。为寻求安全保障与隐私保护之间的平衡路径,在公共空间合理运用大规模监控措施,就必须加强信息收集、存储、使用的阶段性控制,建立个人信息合理使用制度,实现个人信息的有序共享。     

The Impact of Information Technology Development on the Legal Concept A Particular Examination on the Legal concept of 'Signatures'

This paper intends to explore the impact of Information technology(IT) development on the legal concept of ‘signatures’.To what extent and in which way does it impact on the legalconcept of ‘signatures’? This paper attempts toexamine this issue from an international and comparative perspective.It was found that IT development has different levels of impacton the legal concept of ‘signatures’ in differentjurisdictions. In the Common Law system such as the UK and theUS, it does not change the legal concept of ‘signatures’.However, it does put the legal concept on such an importantposition. On the contrary, IT development changes the legalconcept of ‘signatures’ in the Civil Law systemsuch as Germany and China.     

The mental health service crisis of neoliberalism -- an antipodean perspective

Major transformations in forms of governance of the liberal state have been wrought over the course of the last century, including the rise of neoliberalism and 'new public management.' Mental health too has witnessed change, with pharmacological treatment displacing residential care, a shift to community-based services, mainstreaming with general health care, and greater reliance on civil society institutions such as the family or markets. This article considers whether mental health law, and its court/tribunal 'gatekeepers' have kept pace with those changes. It argues that the focus of the liberal project needs to shift to measures which will better guarantee access to mental health services, and keep a more watchful eye on both 'hidden' coercion of people on community treatment orders, and passive neglect of human need.     

'Ritual Individualization': Creative Genius at Sentencing,Mitigation, and Conviction

Judges and lawyers must regard themselves as upholding cherished values, including the presumption of innocence; free defendant choice and participation; and attention to the unique individual. Yet, everyday criminal work also demands compliance with a system of perfunctory, mass case disposal. How is this potential contradiction addressed? Conceiving the criminal‐penal process as a tripartite rite of passage, the article originates the concept of ‘Ritual Individualization’ (RI). RI's creative pre‐sentencing casework accomplishes four key transformations in how the person is re‐presented to the court for sentencing. First, the person's unique voice and personal story is revealed, exhibiting her as a freely participating individual. Secondly, in doing so, the pertinence of social disadvantage tends to be minimized. Thirdly, ambiguous admissions of guilt are translated as freely‐given, full, and sincere confessions. Fourthly, the person is manifested as a culpable offender ready for punishment. The article considers new research agendas opened up by the implications of Ritual Individualization.     

普遍义务论纲

普遍义务的出现以"二战"后人权国际化和普遍化为背景,是绝对的义务,在国际义务中居于较高层次。普遍义务多为禁止性的义务,以人类社会基本价值和国际社会共同利益作为其承担义务的法理基础。普遍义务反映了国际法价值论的变化。普遍义务应促使我们对国际法体系结构和国际法效力的根据再审视,并重塑国际法中自然法的应有地位,同时也应防止对普遍义务的滥用。     

罪责的社会化与规范责任论的重构——期待可能性理论命运之反思

当前期待可能性理论研究中的认识误区在于,将期待可能性等同于规范责任论本身.罪责概念并没有固定的连续意义,随着刑法任务观的调整,它经历了重要的意义裂变.罪责的客观化与社会化意味着责任基础的改变,最终引起规范责任论的重构.期待可能性的命运不仅折射出罪责领域所经历的变革,也折射出刑法的整个基本运作框架发生重大转型的事实.     

宽严相济刑事政策的刑罚观依据

从古代社会到启蒙思想运动,再到古典犯罪学派、实证犯罪学派、犯罪社会学,人类社会关于刑罚目的与功能的刑罚观已经发生了深刻的变化。然而,长期以来,我们对刑罚的认识却存在不小的偏差,往往将刑罚作为专政的一种工具,将刑罚视为政治问题,过于强调通过刑罚手段来严厉打击“敌人”或者严重犯罪分子,而不是将刑罚视为一种科学。宽严相济刑事政策的提出,是我国在对传统刑罚观进行反思的基础上,认肯现代刑罚观的必然结果。     

Changing Frames in Buddhist Thought: The Concept of Ākāra in Abhidharma and in Buddhist Epistemological Analysis

It has been argued that the use of the concept of ākāra—a mental “form,” “appearance” or “aspect”—in Buddhist epistemological analysis or pramā?a exhibits continuities with earlier Buddhist thinking about mental processes, in particular in Abhidharma. A detailed inquiry into uses of the term ākāra in pertinent contexts in Vasubandhu’s Abhidharmako?abhā?ya brings to light different semantic nuances and functions of this term. The characteristic use of ākāra in Buddhist epistemological discourse turns out to be continuous with only some of the nuances it has in Abhidharma. Moreover, ākāra becomes associated with novel explanatory functions in Buddhist pramā?a. These discoveries underscore the need to pay closer attention to the reuse of terms and concepts, ideas and arguments in Buddhist philosophy, and to the often subtle adaptations and transformations that formed an integral part of its history.