关于罪犯谈话教育艺术的探讨

对罪犯进行谈话教育是监狱警察的一项基本功，是教育改造罪犯的基本手段之一。谈话效果如何，不仅关系到教育改造罪犯的质量，对监管安全稳定也将发挥不同的作用。笔者结合基层管教工作实践和心得体会，分析典型案例，总结工作经验，就谈话教育的方法和技巧进行深入思考，以期对罪犯教育改造工作有所裨益。     

Jain lives of Haribhadra: An inquiry into the sources and logic of the legends

Conclusions I have attempted here to trace the development of Haribhadra's biography. My contention throughout has been that there is a basic incongruity between what one can discern from the actual works about the author Haribhadra and the legends that came to be associated with him. I have argued that the legends initially came from elsewhere in part from the legends of the arrogant monk who challenges the schismatic Rohagutta, and in part from the stories told of Akalanka, who probably was Haribhadra's contemporary. The question must inevitably arise as to why these stories were attached to Haribhadra, when they so poorly match what we can clearly know to be the attitudes displayed by the writer of the works associated with his name. That is a question I cannot satisfactorily answer, although I suspect that in general the hostile attitude of the prabhadhas and related texts towards Buddhism is a late, deliberately contrived and very political stance.³⁰ It would seem that these legends of Haribhadra and the stories told of others which are also replete with examples of Jain hostility to the Buddhists came to take shape around the 12th century A.D., during a period when Jainism was making significant Hindu conversions, particularly among royalty. We know that the prabandhas were primarily written for royal audiences or for ministers close to the kings. A natural question is then whether we can discern anything specific in the relationship between Buddhism and royal power during the 12th century in India that might have led Jain writers deliberately to cast the Buddhists in an unfavourable light and portray Jains as the extirpators of the Buddhist menace and thus as champions of the true faith. In fact the mid -12th century was a low period for the fortunes of Buddhism in its final stronghold in Bengal. Valllasena of the Sena dynasty came to power c. 1158 A.D. His Dnas-agara was completed in 1169 A.D. and gives ample evidence of the strong emphasis on orthodox Hinduism and promotion of the cause of the Brahmins that historians have associated with the Senas.³¹ It is tempting to see in the prabandhas, which were addressed to the ruling class, and in the legends of Jain religious and intellectual leaders which emphasize the conflict between Jainism and Buddhism, a continued attempt to separate Jainism radically from Buddhism which was anathema to these kings in Bengal. Hindus had historically regarded Jains and Buddhists as equally outside the Hindu fold and outside the fold of civilization. That Jains in the 12th century devise biographies with a distinct emphasis on the Jain triumph over a Buddhist enemy requires some explanation. That the collections of these biographies were usually addressed to kings and their ministers suggests that courting the royal court may have had something to do with the tone of the biographies. The most obvious historical circumstance that suggests itself by way of explanation for the anti-Buddhist tone of medieval Jain biographies is the contemporary Hindu revival in Bengal with its decidedly anti-Buddhist stance. Perhaps Jain writers in seeking to win royal patronage for their faith and indeed royal converts felt the need to divorce Jainism from the religion with which it had been so closely associated and which became so obviously out of royal favour elsewhere in the country. I offer this only as a suggestion which must await further research for confirmation.     

Vandalizing Meaning,Stealing Memory: Artistic,Cultural, and Theoretical Implications of Crime in Galleries and Museums

This paper discusses two different types of crime that occur in art museums: the theft of art objects and the vandalism of works of art. This paper explores the extent to which theft may affect our memory of a given work of art (regardless of whether the object is ultimately recovered), as well as our experience of the museum (especially if efforts are subsequently undertaken to improve security, such as with the Munch Museum following the theft of the Scream). With respect to vandalism, this paper considers whether and how such acts subsequently affect the value we place on the assaulted items as cultural icons and the meaning of the paintings as art objects. This paper argues that how we regard such events should be determined not by their criminality, but by the individual’s or individuals’ intent and the effect of the acts on the meaning and memory of the works.     

浅谈法学文献检索课的教学

计算机、网络技术在信息领域的应用，给法学文献检索课提出了新的要求。法学文献检索课在教学内容和教学手段等方面必须进行改革，才能适应新形势的需要。     

人权精神的危机与拯救

在人类现代化的进程中,人权普遍性的展开与人权精神的衰微是同步的。作为现代化产物的文化相对主义和历史相对主义都在从根基上侵蚀着作为人权内核的否定性原则和批判性精神。拯救人权,有赖于一个超越现代性的视野,需要暂时剥离实证人权法理学的迷雾,进而对人权的现代历史性、政治工具性作出整体性反思和平衡性降解。     

法律规范行政强制行为的意义和途径

去年,全国人大常委会已经正式启动了<行政强制法>的立法程序.对此,有人发生疑问:在强调以人为本,保障人权,建立和谐社会的今天,为什么要制定<行政强制法>?行政强制立法的意义何在?     

From Traumatic Memory to Traumatized Remembering: Beyond the Memory Wars, Part 1: Agreement

From the mid-1980s onwards, US courts have seen a dramatic increase in personal injury and criminal cases alleging harm caused by sexual abuse whose memories were ??recovered?? after decades of forgetting. These recovered memory claims were countered by the defense that they were false memories. Three types of personal injury cases have been the center of media attention: (1) adult daughters suing their fathers for alleged childhood incest; (2) families and patients suing psychotherapists for allegedly suggesting false incest memories; and (3) adults suing the Catholic Church alleging sexual abuse by priests. Legal outcomes have been inconsistent in part because scientific controversy has called the reliability of recovered memories into question. This article is the first in a three-part series that provides a forensic framework for understanding the current state of the recovered memory/false memory debate. It briefly describes the reasoning behind inconsistent legal decisions, identifying the minimum scientific issues that must achieve consensus to meet the needs of the legal system. It proposes epistemological criteria for determining whether a consensus has been achieved. It then identifies recovered memory issues about which there is now a consensus. The second article identifies recovered memory issues that lack consensus. The third article argues that the scientific controversy reflected confusion about different memory types. It proposes a phenomenological schema to integrate them and reduce legal confusion. It concludes that there is sufficient consensus about some recovered memory issues to meet minimal legal needs, while more research is needed for others.     

On the Meaning of Judicature and Jurisdiction

要实现党的十七大为司法体制改革提出的目标与要求,就必须理性科学地解读司法及司法权的含义.司法及司法权在国外与国内由于法律传统和制度等因素不同因而有不同的理解,但都为我们正确认识司法及司法权提供了必要基础和有益借鉴.司法是诉讼中以终结案件为目的的一系列裁判活动,正是这一系列的裁判行为及裁判结果导致了案件的最终解决.     

司法及司法权含义之探讨

要实现党的十七大为司法体制改革提出的目标与要求，就必须理性科学地解读司法及司法权的含义。司法及司法权在国外与国内由于法律传统和制度等因素不同因而有不同的理解，但都为我们正确认识司法及司法权提供了必要基础和有益借鉴。司法是诉讼中以终结案件为目的的一系列裁判活动，正是这一系列的裁判行为及裁判结果导致了案件的最终解决。     

Cultural Criminology and the Politics of Meaning

Cultural criminology focuses on situational, subcultural, and mediated constructions of meaning around issues of crime and crime control. In this sense cultural criminology is designed for critical engagement with the politics of meaning, and for critical intervention into those politics. Yet the broader enterprise of critical criminology engages with the politics of meaning as well; in confronting the power relations of justice and injustice, critical criminologists of all sorts investigate the social and cultural processes by which situations are defined, groups are categorized, and human consequences are understood. The divergence between cultural criminology and other critical criminologies, then, may be defined less by meaning than by the degree of methodological militancy with which meaning is pursued. In any case, this shared concern with the politics of meaning suggests a number of innovations and interventions that cultural criminologists and other critical criminologists might explore.     

Paradise Lost...: The Meaning of Modernity and the Antinomy of the Law

This essay argues for the centrality of the study of paradoxes of particularity and universality in the interface between law and politics in modernity. Particularly, in order to understand the process of constitution of a political collective and the role of supernumerary elements that re-enter a constituted legal-political system. After introducing the question of paradoxes or antinomies in the relation between law and politics in modernity, the essay engages with current understandings of exceptionalism and the possibility of a leftist or ‘real’ suspension of the law. In order to do so, this essay makes full use of certain theoretical tools developed in anthropological accounts of political and legal processes, and current French-oriented and Latin American political philosophy.     

财产含义辨析：从英美私法的角度

本文首先着力分析了英美财产私法中财产的含义,将其区分为财产权与财产体两层意义,分别与一些相关重要概念进行辨析,说明它们之间细微的差别所在。然后依照《美国财产法重述》解释了分析法学的一套分解财产概念:请求权、特许权、权能和豁免权,并认为它与大陆法系的权利分类办法各有高下,制度选择的关键在于找好恰当的时机。最后简略分析了新财产的问题,主张在民法典总则中纳入“财产”的概念,定义其为一切可为主体带来经济利益的对象。