THE SOCIAL ECOLOGY OF POLICE MISCONDUCT*

The present study examined whether variations in social ecological conditions in New York City police precincts and divisions have predicted patterns of police misconduct from 1975 to 1996. The study included misconduct cases involving bribery, extortion, excessive force, and other abuses of police authority, as well as certain administrative rule violations. Using a longitudinal framework, the analyses found that dimensions of structural disadvantage and population mobility— drawn from the social disorganization literature—as well as changes in Latino population—drawn from the racial conflict perspective— explained changes in police misconduct over time. Further, most of the variations occurred within, as opposed to between, precincts and divisions over time, strengthening the case for a longitudinal examination.     

英国区际民事管辖权冲突的协调模式及对我国的启示

基于区际民事管辖权冲突特点的相似性,英国解决区际民事管辖权冲突的模式对我国有重要的借鉴意义。我国可以直接适用条约解决区际民事管辖权冲突,但应考虑我国各法域的条约适用方式,也可将条约内容转化为双边安排,分阶段逐步制订统一立法,并可考虑设置协调机构。     

Historical Injuries,Temporality and the Law: Articulations of a Violent Past in Two Transitional Scenarios

This paper deals with the connections between historical injury and temporality in two transitional scenarios, and explores how the National Unity and Reconciliation Act of 1995 (South Africa) and the Justice and Peace Law of 2005 (Colombia) ‘articulate’ particular conceptions of ‘violence’ as well as conceive the prospect of an imagined new future. I argue that in trying to grasp the multiple dimensions of violence through different mechanisms, collective languages instituted by State-sponsored laws that seek ‘national reconciliation’ fail (in countries defined by historical, chronic dispossession) to render intelligible—at the very moment of their enunciation into a legal language—the structural dimensions of violence that are at the root of conflict itself. In this regard, the text concentrates on the ways in which difference and inequality—despite the promise of the newness reiterated by Transitional Justice paradigms—are woven together into a longue durée that lies beyond the theoretical contours and the technical mandates defined by and inherent to these laws.     

论涉台海事案件直接适用国际海事公约

中国涉台海事案件类比涉外案件处理。当中国为国际海事公约缔约国时,公约在涉台海事案件中有直接适用之余地。国际海事公约的直接适用以该公约与国内法存在冲突或者国内法缺失相关规定为前提,当公约与国内法规定相一致时,则适用国内法。同时,应区分私法和公法性质的国际海事公约,私法性质的国际海事公约能够直接适用,而公法性质的国际海事公约其直接适用的范围以技术条款为限。当中国为非公约缔约国之时,因国际海事公约的效力及于非缔约国,因此通过冲突规范的指引,国际海事公约也可以适用于涉台海事案件。     

The relationship of work-family conflict with job stress among Indian police officers: a research note

Law enforcement is often described as a challenging occupation, and working in law enforcement can result in work–family conflict. This exploratory study was undertaken to examine how the different dimensions of work–family conflict are related to job stress among Indian police officers. There are four major dimensions of work–family conflict: strain-based, behavior-based, time-based, and family-based. Data was collected from a survey of police officers in the Sonipat and Rohtak districts of the Indian state of Haryana. Bivariate results revealed that an increase in any one of the dimensions of work–family conflict was associated with increases in stress from work. Multivariate analysis, however, revealed only three of the four dimensions of work–family conflict had a significant association with job stress. Specifically, strain-based conflict, behavior-based conflict, and family-based conflict were significantly associated with higher levels of job stress. These findings provide support for the job strain model.     

《鹿特丹规则》的巨人之踵：承运人责任期间的强制性问题研究

承运人责任期间的强制性，是影响《鹿特丹规则》最终生效的关键性问题。承运人责任期间的概念长期被混淆，而《鹿特丹规则》的新规定，可能会引发新一轮的法律冲突。由于未能很好地解决与国内法衔接的问题，《鹿特丹规则》关于承运人责任期间强制性的规定，可能成为最终影响中国接受该公约的重要因素之一。     

Law Is the Command of the Sovereign: H. L. A. Hart Reconsidered

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity.     

从Gubisch案看欧共体法院对国际诉讼竞合的认定

国际诉讼竞合的认定是解决国际民商事管辖权冲突的先决条件。通过对欧共体法院一则判例的分析,指出,欧共体法院对国际诉讼竞合的认定趋向于持宽松的态度,而且,这种宽松的认定方法已被目前的国际立法和司法判例所吸收和支持。     

The trust in Spanish and Italian private international law: Part I

Civil Law jurisdictions' recognition of trusts depends on theindividual conflict of law rules of each jurisdiction. The HagueConvention on the Recognition and Enforcement of Trusts intendsto bring a degree of certainty into how a foreign trust is received.However, the matter is complicated, in particular, as to thestatus granted in each jurisdiction to the convention. Thisarticle, based on a paper presented at the convention on CatalanCivil Law, ‘Los patrimonios fiduciarios y el trust’,held in Tarragona on 20 and 21 October 2005, examines the positionof trusts under the conflict of law rules in Italy and in Spainand the impact made on the recognition of trusts by the HagueConvention. This article appears in two parts; in this firstpart the position in Italy is examined and the second part concludeswith the position in Spain.     

Dimensions of interparental conflict and adolescent functioning

While research has repeatedly demonstrated that interparental conflict is related to poorer child/adolescent functioning in the areas of internalizing and externalizing problems, as well as prosocial and cognitive competence, the particular relevant dimensions of the conflict have yet to be studied. The present study examined the contributions of three different dimensions of conflict to these difficulties in adolescent functioning. Forty-eight mother-father-adolescent triads participated by completing questionnaires regarding the following dimensions of their interparental conflict: frequency, method of handling, and outcome. Assessment of adolescent functioning was obtained independently through teacher-completed measures of internalizing and externalizing problems and prosocial and cognitive functioning. The results of correlational analyses indicated that father-completed measures, particularly the use of verbal and physical aggression to handle conflict, were related to all four measures of adolescent functioning. In contrast, mother-completed measures were not related. Multiple regression analyses were also conducted. For all four measures, either father physical or father verbal aggression entered first and accounted for 17 to 48% of the variance across the four dependent measures. No other indices of conflict individually accounted for a significant portion of the variance beyond that accounted for by father's verbal or physical aggression. Possible explanations for the relationship between father's method of handling of conflict and adolescent functioning are discussed.     

Victim and Society: Sharing Wrongs, but in Which Roles?

This paper discusses what kinds of conflicts arise when a crime has been committed, and with whom—and in which of their possible roles—the offender should be seen as having such conflicts. The possible roles of the victim are in focus, as is the constitutive role of the act of criminalizing a certain kind of behavior. It is argued that while in the tort conflict the victim should be seen as a party qua him- or herself in a ‘fuller’ sense (and with full freedom on how to handle the conflict, including dropping it), in the criminal law conflict it is community, the ‘we’, that should be looked upon as the party to the conflict with the offender. The victim should not be seen as excluded from the criminal law conflict, though: to the contrary, he or she is a member of community and has an important role to play. This role, however, needs to be strictly defined in a way that gives the victim the function of a certain kind of representative for ‘us’, the community. This role should not allow the victim much room to influence how the criminal law conflict is handled. The model I am suggesting presupposes—I think, at least—that criminal law conflict and tort conflict should be handled together at the same trial.     

关于《海牙规则》第10条的理解和解释问题--兼论《海牙规则》在我国的适用

<海牙规则>是有关提单和国际海上货物运输合同领域当事人权利义务关系的国际实体私法条约,我国没有加入该条约.<海牙规则>在我国涉外海事审判中不能直接适用,但是,基于冲突规范的指引,<海牙规则>在我国可以作为准据法间接适用.<海牙规则>第10条不应作限制解释,不应成为其在我国间接适用的阻碍.     

海事特权(Maritime Liens)法律适用新论--兼评《中华人民共和国民法(草案)》第9编第37条第4款

Maritime liens在国内没有统一的中文译名,“海事特权”一词更能揭示其本质。各国关于哪些债权受海事特权担保的规定存在较大差异,法律冲突尤为显著,但目前尚没有广为接受的实体公约和统一的冲突规则。美国的典型判例所揭示的冲突规则与英国固守的传统规则相比更符合国际民商事交往的需要,这对受英国传统规则影响的《中华人民共和国民法(草案)》第九编37条第4款的完善无益是一种有益的启示。     

Court clerks,court administrators,and judges: Conflict in managing the courts

This article presents the results of a survey conducted in conjunction with the National Association for Court Administration (NACA), the National Association of Trial Court Administrators (NATCA), and the National Center for State Courts. A questionnaire designed to gauge role perceptions of court managers was sent to 410 NACA members and 321 NATCA members. One of the key elements of the survey is the issue of conflict — specifically, the types and sources of conflict encountered by court managers in the performance of their jobs. Over half (55.7 percent) of those surveyed responded, and most indicated one or more sources of conflict in managing their courts. Much has been written in the court administration literature about conflict, or the potential for conflict, in conducting court business. The results of this survey provide empirical evidence on the conflicts most frequently encountered in court management, including case-flow management problems, personnel matters, financial issues, policy and planning issues, and communication problems.     

论刑事法律在西藏的变通实施

西藏作为一个少数民族聚居地区，其民族刑事习俗不可避免地影响和制约着刑事立法、司法和民族刑事政策的制定，致使基层司法人员在习惯与规则的边缘如履薄冰。在坚持刑事法制统一和充分尊重少数民族风俗习惯及生产、生活方式原则的前提下，进行刑事法律变通，是解决藏民族刑事习俗与刑法间冲突的有效径路，也是我国社会主义法治精神的重要体现。     

简评《鹿特丹规则》对中国外贸的影响

作为海上货物运输法公约,《鹿特丹规则》重视国际货物买卖赖以实现的海上货物运输领域产生的利益冲突问题,并创设相应新制度以试图加以解决。通过对《鹿特丹规则》若干规定加以简要评述,认为《鹿特丹规则》对中国外贸既有积极的作用,也有不利的影响,这似乎是其平衡利益和寻求统一的必然结果。在对公约进行批判性研究基础上完善中国国内立法,为更好维护中国航运和贸易利益方根本利益提供法律保障是十分重要的。     

“Why There?” Islamophobia, Environmental Conflict, and Justice at Ground Zero

Conflicts over environmental spaces that are sites of trauma or have been designated as sacred involve questions about who has a legitimate stake in determining the use of the site, and where the hallowedness attached to that space ends. We examine these questions in a study of the 2009–2010 controversy about the Park51 [sic] Islamic Community Center, sometimes called the “Ground Zero Mosque,” to examine how issues of distributive, procedural, and inclusionary justice play out in a conflict over valuable land close to Ground Zero. This conflict, though in a specifically fraught locale, speaks to resistance to mosque construction in the USA and Europe. Using newspaper articles on the public debate as data (N = 65), and performing a thematic analysis, we identified four key themes: (1) views of Islam, (2) conflict, (3) American identity and ideals, and (4) proximity and place. Utilizing Chi square analyses to examine the effect of propinquity on support for Park51, we found that people living within New York City were more likely to support Park51 than those outside of the city. Our conclusion discusses constructs that link values, space, and social relations—hallowed ground, place attachment, social distance—and discuss their relationship to justice. We argue that while several kinds of justice are relevant, at its heart, this conflict concerns inclusionary questions about who can speak, who belongs, and who should be excluded.     

RELIGION AND CRIME REEXAMINED: THE IMPACT OF RELIGION,SECULAR CONTROLS,AND SOCIAL ECOLOGY ON ADULT CRIMINALITY*

Since Hirschi and Stark's (1969) surprising failure to find religious (“hellfire”) effects on delinquency, subsequent research has generally revealed an inverse relationship between religiosity and various forms of deviance, delinquency, and crime. The complexity of the relationship and conditions under which it holds, however, continue to be debated. Although a few researchers have found that religion's influence is noncontingent, most have found support—especially among youths—for effects that vary by denomination, type of offense, and social and/or religious context. More recently the relationship has been reported as spurious when relevant secular controls are included. Our research attempts to resolve these issues by testing the religion-crime relationship in models with a comprehensive crime measure and three separate dimensions of religiosity. We also control for secular constraints, religious networks, and social ecology. We found that, among our religiosity measures, participation in religious activities was a persistent and noncontingent inhibiter of adult crime.     

论WTO协议在我国的适用

本文以WTO协议在我国的适用为中心议题 ,以国际法和国内法关系的理论为指导 ,论述了条约的国内适用和我国适用条约的方式 ;专门阐述了WTO的性质和我国加入WTO的承诺。作者得出的结论是 :WTO在我国的适用方式应当是直接适用 ,当其与国内法发生冲突时有优先的效力。     

我国文化领域会展双边条约解析

会展法是我国新兴的交叉性法学部门。作为会展法的国际法渊源,会展双边条约应当受到重视。通过对我国建国后所签订的文化类双边条约进行分析,总结出我国文化领域内会展双边条约的缔结、形式和内容,并归纳出我国文化双边会展条约的特点,充分揭示了我国在会展法方面存在比较丰富的国际法渊源这一观点。