Clearing the Innocent: Guarantees of Personal Honor and Dignity

The measures of compulsion used to protect the interests of the state and society significantly constrain the rights of citizens suspected or accused of committing crimes. These constraints are necessary and justified. By its essence, compulsion by the state expresses application of the power to wield authority and in the given case affects the constitutional right of citizens to inviolability of the person. It is very important that such authority be used with adherence to legal and moral norms and with the greatest caution and tact. Toward this end guarantees of legality in the work of the agencies of police investigation, preliminary investigation, the procuracy, and the courts are being constantly strengthened and broadened. Their forms and methods of work are being improved, and the levels of political ideology and professionalism of officials so engaged are being raised. Guidance of criminal investigation has been improved, and criminal liability has been established for handing down a deliberately unjust verdict, making a knowingly illegal arrest or detention, and for the use of compulsion to testify.     

The Honor and Dignity Intrinsic to the Profession

Heads of the regional police trade unions in Sverdlovsk and Dagestan criticize the course and initial results of the police reform in Russia.     

Animal Dignity and the Law: Potential,Problems and Possible Implications

Liverpool Law Review - This article aims to assess the suitability of the concept of ‘animal dignity’ as a normative principle for the legal approach towards animals. Through an...     

The New Codification of Civil Law and Protection of the Honor and Dignity of the Citizen

With the issuance of the Principles of Civil Legislation of the USSR and the Union Republics, the first, but very important, stage in the new codification of Soviet civil legislation to correspond with the needs of the period of the comprehensive building of communism has been realized. What must now follow is the adoption of civil codes by the union republics, in which the general, fundamental and primary propositions of the Principles will be appropriately concretized and detailed, developed and augmented.     

法治与人性尊严——从实践到理论的反思

作为现代民主宪政社会不可或缺的生活形态,法治的意义及其核心价值,不论在具体法律实践或抽象理论阐述上,却依然存在着极大争议。"大法官会议"以人性尊严为本的法治观点,毋宁是一种"自由民主宪政秩序"的法治观点。无论是形式合法性或民主程序的法治要件,均无法在法治的具体实践上,保证执政者或立法者不会借助法治的形式要件,来追求满足其政治野心或个人私欲的不正当目的。法治理想的追求,应当着重法律实质内容的道德论证质量。就人性尊严的内涵来说,德沃金提出的两项人性尊严原则,内在价值原则与个人责任原则,确实是值得我们反思借镜的理论资源;特别是,他对人的内在价值的诠释,亦即人具有由自然与人类共同创造的神圣、不可侵犯的客观价值,适足以填补大法官人性尊严观的论述盲点。     

Sociolegal change in consumer fraud: From victim-offender interactions to global networks

Advances in technology have transformed fraud against consumers from face-to-face, victim-offender interactions to a crime that now transcends international boundaries. Although consumer protection issues have been of interest to investigative journalists and literary scholars for centuries, the topic has only recently been subject to serious criminological inquiry. Employing the American consumer protection movement as an historical framework, we examine the evolution of consumer fraud. Our review documents that progressive social and legal changes in consumer protection and corporate regulation, as well as developments in criminological research, correspond to prominent literary exposés of the time. In today's technological age, such a reactive response to consumer fraud is neither efficient nor effective. Contemporary criminologists need to simultaneously address the questions of ‘how’ fraud is perpetrated and ‘why’ it occurs. Toward this end, we identify methodological strategies and data sources to promote empirical and theoretical understanding of consumer fraud, and to ultimately contribute to multi-national crime control policy.     

Coverture and Dignity: A Comment

This short comment challenges efforts to expand the notion of a dignity taking to traditional legal structures, like those identified with “coverture.” It suggests that the inequalities of gender oppression are better understood as forms of “slow violence.” It also suggests how difficult it is to imagine and to institute remedies for wrongs rooted in long histories and in powerful structures of socialization.     

Negotiating the Boundaries of Crime and Culture: A Sociolegal Perspective on Cultural Defense Strategies

In this article 1 offer a principled strategy for the courts to identify and to handle the uses of culture as a defense in a criminal proceeding. I begin by discussing the relationship between culture and behavior illuminated by sociologists of culture. I then explain the three categories into which cultural defenses fall–cultural reason, cultural requirement, and cultural tolerance–and the response of criminal courts in the United States to each. I argue that where culture offers an alternative explanation of the defendant's intent, it is highly relevant to determinations of criminal liability. However, where a defendant uses culture only to explain why he wanted to harm the victim and asks that the court be tolerant of such behavior, considerations of culture should not be allowed. In reaching this conclusion, I draw on theories of multiculturalism to consider the benefits and burdens of maintaining the facade of a "cultureless" criminal law in an increasingly heterogeneous society.     

Tax Disputes under Institutional Instability: Theory and Implications

This article aims to offer the first structural analysis of tax disputes under institutional instability using a core element of the international tax regime as an example. It offers a theory grounded on Mancur Olson's seminal contribution to group dynamics, the logic of collective action. It also suggests implications of this theory that might help to address key enforcement issues faced by the international tax regime in a frequent context worldwide: institutionally unstable countries.     

Teaching Criminological Theory: The Power of Film and Music

Interest in utilizing pop culture as a means of teaching and enhancing students’ understanding of complex or abstract ideas in the classroom has increased over the course of the past decade. This includes the use of film, television, fiction books, the internet, and music. The fields of criminology and criminal justice have also increasingly noted the value of using such means to teach about atrocities such as state crime, transnational crime and corporate crimes as well as issues of inequality, racism, and classism. Film, music and television can also be great tools to enhance the understanding of and ability to apply criminological theory. Most articles that have focused on incorporating the use of a ‘popular criminology’ within the classroom, however, have concentrated on one form or another of ‘pop culture’ (i.e., film). This article seeks to add to the existing literature by providing an example of how the use of film combined with music can not only enhance undergraduate criminology and criminal justice students’ ability to grasp criminological theory and apply it in their everyday lives, but also can be utilized as tools for exams.     

不失尊严的死亡：选择与挑战

虽然绝症患者可以拒绝医治的权利已被确立,但在医生的辅助下实施“自杀”仍然是人们长期争议的一个热点话题。在美国,人们认为他们有权利按照自己选择的生活方式自由自在生活的同时,大多数人却没有意识到,当选择以安乐死来解脱被无法治愈疾病折磨的痛不欲生的生命时,这种自由权     

The Ends of Innocence: Age as a Mode of Inquiry in Sociolegal Studies

This article considers two recent books in the history of childhood, youth, and the law: Holly Brewer, By Birth or Consent and Stephen Robertson, Crimes Against Children . It argues that these works mark the emergence of age as a category of analysis in sociolegal studies. It calls for further investigations in the legal history of childhood and youth, outlines several areas of interest, and suggests that attention to age will alter how scholars look at the law by complicating key concepts such as innocence, authority, and citizenship. Studies of age and the law could benefit from cross-cultural and transnational approaches.     

马克思主义分工理论的思想精髓及其时代价值

马克思、恩格斯在创立唯物史观的过程中,也创立了系统、科学的分工理论,不仅科学地阐释了社会分工的科学内涵,还深刻揭示了社会分工的本质特征,认为社会分工具有历史的继承性、内在的不平等性、地理上的不均衡性以及人的自由和解放的可能性,这些构成了马克思主义分工理论的思想精髓。马克思主义分工理论不仅有助于我们深入理解全球化进程中国际分工的不平等现状及深层原因,也为我们分析、把握和解决当代中国现代化实践中因社会分工所导致的一系列现实问题提供有益借鉴。     

Karl Renner and (Intellectual) Property—How Cognitive Theory Can Enrich a Sociolegal Analysis of Contemporary Copyright

This article deals with copyright regulation meeting the quite rapid societal changes associated with digitization, and it does so by reinterpreting Karl Renner's classical texts in the light of contemporary cognitive theory of conceptual metaphors and embodiment. From a cognitive theory perspective, I focus on the notion that the legal norms only appear to be unchanged—the Renner distinction between form and function. This includes social norms, technological development, and changes in social structures in general, which create a social and cognitive reinterpretation of law. This article, therefore, analyzes the contemporary push for copyright as property, which I relate to historical claims for copyright as property as well as de facto legal revisions in intellectual property faced with the challenges of digitization. Of particular relevance here is what Renner described in terms of property as an “institution of domination and control,” and thus the increased measures for control that are added to a digital context in the name of copyright.     

Observing the Breach: Dignity and the Limits of Political Theology

This paper draws together a number of debates concerning ‘dignity’. It points to reasons for the endurance of the concept of dignity, and thereby indicates some limits to analysis via political theology. Dignity is incongruous in law and ethics: it is naturalised theology illicitly augmenting liberal and postmodern theory. At the same time, phenomenologies of dignity suggest that it is something ‘observed in the breach’ when we encounter the diminution of the individual. Political theology would encourage us to treat this appearance of diminution as a point of aporia in ethics and closure in law, ostensibly articulating the loss of ‘humanity’ but in fact revealing nothing more than the reduction of all norms to sovereign decision. However, deconstructive counter-arguments to political theology are possible. First, the persistence of dignity hinges upon perception of loss rather than on any distinctive norms. Second, language games invoking dignity should be seen as performing solidarity. Third, there is a productive instability in the languages of dignity and human dignity. Together, these qualities mean that dignity, despite its theological genealogy, can justifiably play some role in both liberal and postmodern ethics.

CHANGING CONCEPTUALIZATIONS OF PROFESSIONAL CRIMINALS Implications for Criminology Theory

This article examines both traditional and contemporary conceptualizations of professional criminals as viewed by criminologists. Traditionally, criminologists have viewed professional criminals as being involved in full-time, nonviolent. highly skilled specialties. Contemporary conceptualizations stress professional criminals as being no specialized, less skilled, and involved in violent behavior. These conceptual changes reflect an emphasis upon observations rather than theoretical development among criminologists examining professional crime. As long as an observational emphasis persists, theories concerning professional criminals will not progress either rapidly or in an orderly fashion. Changing conceptualizations of professional criminals can be viewed as an example of insufficient theoretical development existing within the discipline.     

三个世界思想对心理学理论建构的借鉴价值

三个世界理论是由波普尔和艾克里斯共同提出的哲学理论,该理论将世界分为世界1、世界2和世界3,并认为它们相互作用,存在上向和下向两种因果关系.该理论可以作为心理学的元理论,对实现心理公开化和心理学的自然科学化、心理学研究的途径、心理学研究的方法与策略、心理发展研究等多方面都有十分重要的指导与借鉴价值.     

“筑造”美丽中国:后期海德格尔生存空间思想的中国意蕴

海德格尔的生存空间思想闪烁着智慧的光辉,对于当前美丽中国建设具有重要的哲学指导意蕴。后期海德格尔把时间和空间置于同样本源的位置,由原来从此在追问存在的意义转向直接沉思存在的意义。前空间是时间的第四个维度,它把三维时间聚集在自己的近处,从而形成了一种立体的、敞开的时空之境,即本有。本有是孕育万物的先验境域,它是人类的本真家园,是人们诗意栖居的生存空间。