The Problems of Lustration: Prosecution of Wrongdoers by Democratic Successor Regimes

This issue went to press almost exactly four years after the death of Charles Gillespie, in whose honor I wish to dedicate the lustration symposium. A political scientist at the University of Wisconsin with a broad range of comparative interests, Charlie's major work chronicled the reemergence of democracy in Uruguay. He would doubtless have been a contributor to this issue were he still alive, and there were many times during the course of working on it when I wished I could have asked for his advice. In addition to his passion for democracy, I remember Charlie for his learning and his humor, both of which he wore with an elegant English grace. Throughout his long illness, he never lost his appreciation for the silly; his life was proof that stoicism and courage need not be cold virtues, and the world is a much poorer place in his absence.     

“缘情”的追求与困境：论陆机的抒情诗

陆机在诗歌创作中追求情感的表现,而后人却认为其诗"不见情性".造成这一矛盾现象的原因在于:陆机诗虽然注重情感抒发,但由于其精神情感处于复杂的矛盾状态,而这种矛盾意义虽然不大,却难以抒写传达,从而导致陆机诗歌情感内容偏于浅淡的弱点.同时陆机"立象以尽意"的以理性分析见长的诗歌观念和"意在笔先"的创作方式,也在客观上削弱了诗歌情感内容的动人力量.     

罗隆基人权理论及其限度

罗隆基是一个典型的自由主义知识分子。他以“人权论战”闻名于世，前期是以论政为主，后期以从政为主。他以功用作为视角，认为人权乃是做人的必要条件，并以此为基点构建其人权理论体系。罗隆基人权理论既受英美人权思想的影响，又带有中国特色，从而导致其人权理论所阐释的理想主义在当时中国现实语境下面临两难困境而难有用武之地。     

Extensive Petechiae in Attempted Self-Strangulation

Abstract:  A 29-year-old Korean man reported to have been robbed, bound, and gagged by a stranger in his apartment. Clinical findings included extensive petechiae to his face and tramline patterned abrasions and ligature furrows to his neck and face as well as his wrists. Initially, no other leads in the investigation existed and a robbery was assumed to have taken place. The man eventually confessed to fabricating the story and to having self-induced the ligature marks by subluxating his jaw at the temporomandibular joint and hooking the rope closest to the back of his neck on the corner of table. The man demonstrated this unsuspected ability to law enforcement officers. As a motive for his unconventional behavior, he confessed to engaging in autoaggressive behavior as punishment for "losing face" after his ex-girlfriend terminated her pregnancy. This case demonstrates that petechiae due to neck compression also may occur in the living and are due to vascular compression and not lethal hypoxia.     

T. Dale Stewart's perspective on his career as a forensic anthropologist at the Smithsonian

T. D. Stewart (1901-1997) is internationally recognized as an early leader in forensic anthropology. In a series of taped interviews in 1975 and in 1986, Stewart discusses his professional development. The interviews document his early education in Delta, Pennsylvania, his long career at the Smithsonian Institution in Washington, DC and aspects of his many contributions to forensic anthropology. His well-known careful editorial work and exhaustive, problem-oriented research approach may have been influenced by his early training in his hometown bank and his many years of apprenticeship under Ales Hrdlicka (1869-1943). Stewart describes aspects of the difficulties of working for Hrdlicka, yet credits the work ethic established by him as a formative factor in his own prodigious productivity.     

周作人战时思想散论——以《药堂语录》、《书房一角》为中心

抗战时期,国人普遍动员身体的当儿,周作人反而禁闭了身体,不给它作出象征姿态的权利.周作人表彰嘉言懿行,传述奇人轶事,恐怕是在激励民气,伸张国人的正气.这些文章或者可以视为新<世说>,表达了对于生活的敬重和理想人性的追求.周作人考察一部书的历史、一个人的生平、一种时代的陋见、一种态度的表现,表面上不出个人的兴趣,实在倒是谋求公共空间的话语权,替再一次的文化废墟营造精神的家园.     

Homicide and economic conditions: A replication and critique of M. Harvey Brenner's new report to the U.S. Congress

M. Harvey Brenner has produced two influential studies of the social costs of unemployment, economic inequality, and economic growth, both sponsored by the Joint Economic Committee of the U.S. Congress. This paper reports the results of an effort to reproduce Brenner's findings for homicide from his more recent (1984) study. Our conclusions are as follows. (1) Although not obvious from his write-up, Brenner's 1984 results differ substantively from his earlier results. (2) We are unable to reproduce his reported findings. (3) There are serious methodological problems with his procedure for choosing a regression specification.     

论《三国演义》中的文势——兼及毛宗岗的“文势”观

毛宗岗评点《三国演义》时 ,提及“文势”一词 ,但缺乏严密的论证和总结 ,其主要弊端在于回避作者的主观命意评文势。本文通过对《三国演义》的具体论证 ,认为作者的主观命意决定作品内在结构的具体形态 ,当这一形态与读者审美心理机制之间产生契合 ,文势才得以最终生成     

"Insanity" in civil law

The issue of "insanity" is rarely alluded to in the area of civil law. As a consequence, the legal standard for insanity is not clearly understood by many psychiatrists. The standard derives from case law and is based upon statutory law in the criminal sector. A civil case will be presented where the question of "insanity" was raised. In this case an individual committed suicide and his insurance company refused to pay the beneficiaries of his life insurance policy based upon a provision in his policy that excluded payment in situations of suicide. His beneficiaries sued, claiming that the deceased was insane at the time of his suicide and therefore not responsible for his actions. The standard for insanity in New Jersey and the reasoning of the psychiatrists will be presented.     

边沁法律思想之研究

边沁所开创的功利主义法学派,从普通人的角度追问法律的本质,因之成为法学史上的重要流派之一。本文探讨了边沁功利主义哲学在其法学思想上的主导地位,研究了边沁法学上的个人主义方法论及其追求,涉及了边沁为推进法律改革所阐述的法律思想,并就边沁法律思想的意义进行了简要的评价。     

Victim's scalp on the killer's head. An unusual case of criminal postmortem mutilation

A case of unusual postmortem mutilation of a victim's body is presented. After killing his father, the son decapitated his body and dissected the scalp free, forming a mask of the father's head and neck. The young man wore the scalp-mask over his own head to imitate the father. The motive of the murder was revenge, and the postmortem mutilation was the realization of the perpetrator's fantasies, symbolically representing a penalty for the reprehensible past life of his father.     

Cesare Lombroso: Methodological ambiguities and brilliant intuitions

This paper on Cesare Lombroso aims to assess his contribution to the criminological sciences. Although much praised worldwide, Lombroso was also the target of scathing criticism and unmitigated condemnation. Examination of Lombroso's method of data collection and analysis reveals his weakness. Indeed, his approach was extremely naive, simplistic and uncritical, aimed at irrefutably demonstrating the hypotheses that he championed, without exercising the methodological caution that was already beginning to characterize scientific research in his day. However, we must acknowledge that his biological theories of crime are undergoing new developments as a result of the recent success of biological psychiatry. On the other hand we should recognize that his work was not limited to his biological central theory; rather, it covered a range of cues and concepts, for the most part ignored, that demonstrate his interest in the economic, cultural and social factors that impact on crime. For these reasons, Lombroso appears to have anticipated many modern conceptions regarding delinquent behavior and criminal justice, such as those of restorative justice, the so-called "situational" theories of criminal behavior and white collar crime.     

车文博先生对无意识心理学研究的理论贡献

本文既在专题水平上探讨车文博教授关于无意识心理学思想的系统论述,并尝试揭示其理论意义,又希望通过这个专题研究,揭示车文博教授文以载道的学术人格和治学理念,从而为我们学习、领会、研究车文博教授博大精深的心理学思想提供一个方法论的范型。     

Remembering Walter C. McCrone--scientist, mentor, leader and friend

Walter C. McCrone (1916-2002) was a special person. While books, journals and ledgers record over 400 of his technical contributions, his true legacy is his inspiration and leadership. In remembering "Doc" McCrone, we honor a man dedicated to people, to science and to education. His passion for microscopy was only exceeded by his love of science, people and teaching. While he ranked microscopy as the first step in every scientific investigation he made use of all technologies in formulating and testing hypotheses. Everyone who met Walter has a story to tell of this man's impact on his or her life; I will tell you mine.     

The forensic anthropology legacy of T. Dale Stewart (1901-1997)

T. Dale Stewart (1901-1997) began his Smithsonian career as a temporary aide to Ales Hrdlicka (1869-1943) in 1924. At the time of his death in 1997, he was regarded world-wide as an authority who led the professional development of American forensic anthropology. He was a prodigious researcher, best known for his meticulous attention to detail, balanced scientific judgment, keen sense of research design, and ability for synthesis. Stewart's publications, extensive casework for the FBI and others, his court testimony, publications, professional contacts, and organizational activity merit him a prominent place in the history of American forensic anthropology.     

Matricide by person with bipolar disorder and dependent overcompliant personality

Matricide is an infrequent form of homicide. This paper is to present a case of matricide with typical characteristics of the act but interesting particularities as well. The perpetrator was a 43-year-old man, respected member of his community, with over compliant characteristics, eagerness in serving people and caring his parents, good social adaptation before and after the crime. He abandoned his family and work in order to better serve his old, disabled but over demanding mother who frequently insulted and humiliated him. Suddenly he came to a state of "mental confusion" and strangled her. After the crime, the perpetrator manifested the symptoms of a bipolar disorder and also received the diagnosis of dependant personality disorder. Years later, he presented again a crisis of escalating aggressive urge for which he was hospitalized. Many people and associations of his hometown actively demanded the minimal possible punishment for him. The case is discussed especially concerning: a) hypotheses about the aetiopathogeny of the act, b) the constant support provided to the perpetrator by his family and social environment.     

解读描述社会学——哈特法律理论中描述性方法研究的前提性分析

描述性方法是哈特在建构其法律理论中所运用的重要方法之一,然而由于种种原因,这一方法在过去的几十年研究里始终为研究者所忽略。事实上,描述性方法与哈特所建构的实证主义法律理论之间存在着紧密的内在关联。哈特所运用的描述性方法最初涵盖在其所提出的"描述社会学"主张中,因此,对描述社会学本身的分析就成为对描述性方法进行分析的前提性准备,这也要求我们对与描述社会学本身相关的一系列问题进行厘清,包括描述社会学本身在哈特的法律理论中是否存在、社会学在哈特的法律理论建构中处于什么位置,其法律理论与社会学究竟是否存有关联等问题。     

论王维政治思想的内涵与意义——兼论王维政治风度的美学境界

王维具有较系统的政治思想和深具人格特色的政治风度,匹夫节操与仁爱道德是其政治思想的基点.王维的政治思想更贴近政治实践本身,对政治策略的思考相当深刻具体.初盛唐儒学的实践精神是王维政治思想形成的重要基础,其政治风度审美境界的实质是政治人生的审美化.它促使王维更接近于真善美的为政之道,朝臣山林宴游唱和之作是这审美境界的重要表现.王维的奉和应制诗映射出作者追慕政治理想崇高境界的政治风度.     

Constructing Joseph Fredericks: competing narratives of a child sex murderer

Joseph Fredericks--one of Canada's most notorious sex offenders--was defined through the institutions that dealt with him from his infancy to his death to the inquest held after his death. In this paper, we locate in historical context and compare the different narratives that were constructed of his life in each of these institutional settings from unwanted child to 'mental defective' to psychiatric offender to criminal recidivist to victim to iconic sexual predator. We show that each of these narratives claimed to capture the essence of Fredericks in terms of what were his core characteristics and what remedies were necessary for the problems he posed only to be superseded by new narratives based on different assumptions. Finally, we show how one of these conceptions of Frederick's essence influenced a shift in Canadian public policy for sex offenders toward the greater emphasis on community protection characteristic of public policy in the United States.     

Jock Young (1942-2013)

More than any other criminologist of his generation, Jock Young shaped the nature and direction of the discipline and has been at the forefront of almost every major development in the sociology of crime and deviance over the past four decades. Revered and respected for his scholarly activities, he will also be remembered for his charisma, humour and famously warm and relaxed manner that inspired all those who knew and worked with him.