Returning to normality: anomie and crime in China

The current study explored the value change as manifested in the sense of anomie during the 1990s and sources of anomie in contemporary China. The multiple regression analysis found that employment, having children, and satisfaction in life were significantly related to anomie; however, the effect of education was related to anomie in the direction that was inconsistent with what was known in the Western literature. Age had no significant effect on anomie. It is concluded that the crime rates remain relatively low even after many years of dramatic increase, and that China may not be able to maintain its tight control over politics forever.     

沉默权的是非之争与正当根据(下)

英美国家关于沉默权的争论并没有完全否定沉默权的意思 ,而只是对沉默权的具体规则有不同意见。沉默权是一项有充分道德基础的个人权利 ,它既有重要的诉讼价值 ,又可能需要付出一定的代价 ,但一些国家出于保护公共利益的需要对它进行的限制均附带有严格的条件 ,沉默权的基本精神并没有受到损害。坚持和发展沉默权制度 ,仍然是当今世界刑事司法领域的一种基本趋势。     

Excuses in law and in morality: a response to Marcia Baron

In this analysis of Marcia Baron’s account of excuses, I seek to do two things. I try to draw out the nature of the distinction between forgiving and excusing. I also defend the distinction between excuses (like duress), and denials of responsibility (like insanity).

Response to Tudor: Remorse-based Sentence Reductions in Theory and Practice

Steven Tudor defends the mitigation of criminal sentences in cases in which offenders are genuinely remorseful for their crimes. More than this, he takes the principle that such remorse-based sentence reductions are appropriate to be a ‘well-settled legal principle’—so well settled, in fact, that ‘it is among those deep-seated commitments which can serve to test general theories as much as they are tested by them’. However, his account of why remorse should reduce punishment is strongly philosophical in character. He sets to one side the many practical difficulties in implementing such reductions in the real world of criminal justice institutions so that he can focus on the question of whether a plausible account of sentencing can show that remorse should mitigate punishment. I contend that Tudor’s defense of such reductions is unpersuasive in certain respects. Yet even if it can be made more persuasive, I argue that the conditions that would have to be satisfied for remorse-based sentence reductions to be justifiably implemented are so many and various that they would likely exceed our abilities to responsibly grant them in real world legal contexts. I therefore claim that Tudor has failed to provide a defense of the ‘remorse principle’ that serves to explain or justify existing legal practices.

From Dictatorship to Democracy: Crime and Policing in Contemporary Spain

Francisco Franco's death in 1975 ended nearly forty years of fascist dictatorship in Spain. In the next decade the country underwent substantial and dramatic change: The political structure was democratized under King Juan Carlos. Rapid industrialization and commercial development, especially on the northeastern areas, altered the economic nature of Spain. Internal migration, particularly from the more impoverished South to Madrid and Barcelona, altered social arrangements as well.

Crime and disorder also increased rapidly. All crime rates and imprisonment rates grew. Drug use and abuse became a major problem. Basque pressure for a separate state often resulted in a terrorist war in which the main casualties were policemen.

Attempts at reforming the police occurred almost immediately after Franco's death. The old Armed Police—a repressive agency that policed cities over 20,000 populations-was substantially demilitarized and became the National Police. Although transformations are incomplete, the National Police can be seen as a symbol of the new era. The more rural police, the Civil Guard, has been less responsive to change and may be seen as a symbol of the old dictatorship.     

Professors and Judges in Italy: It Takes Two to Tango

The interplay of academics and judges is highly relevant forthe law-making process in civil law countries. The intentionof this article is to provide a brief account of the present-dayrelationship between academics and judges in Italy, while alsotaking account of the continental historical experience. Inaddressing this theme, the article will take its cue from developmentsin England—during the past three decades—where themonologue of academics and judges has been slowly developinginto an ever more intensive and transparent dialogue. It isfrom these events that the analysis departs in an attempt toquestion the current situation in Italy.     

Consistency in sentencing: Recommendation to member states and explanatory memorandum

Documents

Consistency in sentencing: Recommendation to member states and explanatory memorandumCouncil of Europl     

Consent in escrow: opting to opt in

In this paper, we reply to Taylor''s (2015) peer commentary on consent-in-escrow. Specifically, we clarify the utility of this novel approach, the way in which it minimizes risks to participants, and how it differs from existing opt-out methods. We further explore its potential use in fields beyond disaster research.     

Time to Think in Other Terms: A Response to Powell and the Median Mandate School

In response to my characterization of ideological congruence as an “illusion,” Powell (this issue) demonstrates that incongruence, while common, tends to be only moderate in most cases, a conclusion with which I agree. Nevertheless, I argue that the concept of ideological congruence is misleading when applied as Powell does, and problematic, if not meaningless, when applied in the alternative ways proposed by Best, Budge, and McDonald. For these reasons, the term continues to obscure more than it reveals.     

论高校对学生的管理权与学生受教育权的冲突与平衡

高等学校的学生管理工作 ,特别是对学生学籍的管理是高校行使管理权的内容 ,然而 ,一个已经获得高等学校学生资格的公民 ,接受高等教育是学生的法定权利 ,当两种权利发生冲突时 ,法律如何取向 ?如何平衡呢 ?这是高校学生管理工作的难点 ,文章认为主要的问题是 :谁有权利剥夺学生的主体资格 ?剥夺的理由由谁来定 ?学生对此能否请求司法救济 ?     

Correction to: Institutions and corporate financial distress in Central and Eastern Europe

European Journal of Law and Economics -     

Correction to: Innovation policy mix: mapping and measurement

The Journal of Technology Transfer - The original version of this article unfortunately contained a mistake.     

Obviousness and IP: time to reconsider

On 6 February, the day this editorial was written, the UnitedKingdom Patent Office surprised members of the local intellectualproperty professions when it launched an unexpected discussionpaper, Consultation on the Inventive Step Requirement in UnitedKingdom Patent Law and Practice and sought informed responseby 31 May. On the assumption that the provisions of patent law are intendedto reflect a balance between the complementary