Legality and Justice

The present stage in the history of the Soviet state is characterized by the improvement of socialist democracy in all spheres. Legality is most closely connected with democracy. Legality ensures law and order. The policy of developing democracy does not mean that the individual will be left to himself, that observance of the laws is henceforth not obligatory, or that standards are being lowered and a nihilistic attitude toward state discipline is permissible. Certainly, the majority of Soviet people voluntarily observe the provisions of the law as a result of their great consciousness; they regard these provisions as the expression of the will of society as a whole. But at the same time, under present-day conditions, full force still attaches to Lenin's notion that "law is nothing without a machinery capable of compelling observance of its provisions."     

Guarding the Law

Of late, many journalists who write successfully on socioeconomic and production issues have begun addressing legal issues as well. Breaches of the law, of legal order, of labor and state discipline, drunkenness, and other negative phenomena—these urgent problems are raised in many journalistic works that would not seem to be directly connected to the topic of law. You may perhaps have also noticed that the press is taking more interest in the work of the procuracy and its agencies….     

The quality of doctoral programs in deviance,criminology, and criminal justice: An empirical assessment

While information regarding the doctoral programs in any discipline is of obvious and considerable relevance both to those in the discipline and to those seeking access to the best possible sites for graduate training, our knowledge about the quality of doctoral programs continues to be based on little more than speculation and highly ambiguous measures of institutional or departmental prestige. This study attempts to fill this gap for those who have special interests in the related fields of deviance, criminology, and criminal justice by ranking the thirty-six most significant doctoral programs in the nation by means of data derived from the Social Science Citation Index. Perhaps the most striking of our findings—and certainly to us the most distressing finding—is that those departments ranked by our measures as being the highest quality are consistently those which exist within the broader structure of departments of sociology. Given our firm conviction that the discipline of criminology is far, far more than that aspect of it which is closely related to issues of substantive significance to the field of sociology, we can only speculate that those in leadership positions in the growing number of independent schools or departments of criminology or criminal justice are not meeting their obligations to the discipline whose vitality and prospects depend so heavily on the quality of their judgment.     

孙中山的法治理想与现实困境

作为中华民国的缔造者,建立真正主权在民的民主共和国,实现约束和限制公权力以保障人民的权利和自由的法治理想,贯穿于孙中山先生整个革命生涯中。在革命处于低潮时期,孙中山就开始思考通过约法以预防军政府对人民权利的侵夺;辛亥革命后又寄希望于《临时约法》的责任内阁制来防止袁世凯的复辟;北洋军阀混战时期的孙中山,又设计一个训政阶段以训练民众学会使用"四权",以此实现普遍的守法和良法之治。然而这些法治理想在与现实相遇后,却表现出一种无力感,甚至引导现实走向了理想的反面。孙中山先生所面临的世纪难题,也应引起当代人的警醒与反思。     

医事法学专业教学研究的现状与重大问题

为了培养兼具医学知识和法学知识的复合型医事法学人才，已有40余所院校设置医事法学专业。为了该朝阳专业的完善与发展，众多学者从多方面进行了大量研究，但该专业的教学却存在许多未解难题，毕业生的质量受到极大质疑。本文通过深入分析现有的研究，指出当前研究存在的三个重大问题：从感性出发研究医事法学专业的教育，缺乏数据支撑；在象牙塔内研究教育问题，缺乏与社会的联系；研究局限于学者、教师视角，缺乏毕业生对本专业回顾性的思考与批判。     

Development of a black criminology and the role of the black criminologist

In its study of black criminality, the discipline of criminology has failed to cultivate a cohesive, continuous and recognized body of research—what is termed a “black criminology.” Inasmuch as the theoretical framework of the discipline is limited by its failure to develop this subfield, policy recommendations proposed to and adopted by the criminal justice system are limited. It is argued that the development of a black criminology is necessary to fill this gap—in much the same way that feminist criminology filled a void. The components and scope of this subfield are outlined and the role of the black criminologist in the development of a black criminology is evaluated. It is argued that although black criminologists are needed to chart a black criminology, their participation alone is insufficient for the full development and vitality of this subfield.     

The Staff Legal Adviser

The staff legal adviser [iuriskonsul't] is the individual who stands watch over the observance of socialist legality at the enterprise, in the institution, and at the executive committee of the local soviet. … He is constantly consulted on practical questions of the law. He is the defender of the interests of the enterprise or agency before courts and in arbitration proceedings. … But how does the legal adviser carry out the tasks he faces? The editors of our journal decided to turn to two heads of legal departments — one at an enterprise and one in a ministry — with the request to reply to a number of questions. We publish their replies below.     

Crime,Justice, and the Under‐Laborer: On the Criminology of the Shadow and the Search for Disciplinary Identity and Legitimacy

This article proposes an alternative vision for what criminal justice can represent such that its interests in becoming a full‐fledged academic discipline are advanced. Linked to philosophical inquiry (the under‐laborer), emphasis is placed on explicating how insights derived from ontology, epistemology, aesthetics, and ethics underscore the field. Coupled with this more probing excursion is psychoanalytic reflexivity (the criminology of the shadow). The manner in which the philosophical lens informs criminal justice is delineated, and the logic of this shadow criminology is described. As dimensions of an inclusive organizing scheme, their potential for fostering integration in crime and justice studies consistent with the goals of disciplinary identity and legitimacy is explored. The implications of the proposed model—especially for charting a new direction in theory, research, policy, and pedagogy—are also highlighted.     

侦查学史视野下的我国侦查法制化探讨

侦查作为以国家强制力保证实施的活动,虽然在打击犯罪,维护统治,保护人民的过程中起着重要作用,但其天然带有暴力性和侵权性,由此必然呼唤法制对其进行规制。侦查学科的发展历史与其说是一个学科成熟的过程,倒不如说是促进侦查法制化的进程,侦查学科研究的每一步发展无不伴随着侦查法制化的身影。为此在侦查学史的研究视野下探讨我国侦查法制化的演进。     

纪检监察学科的发展现状、学科建构与实现路径

纪检监察学科,是关于纪检监察制度及其发展规律的系统知识体系,是党的纪律检查活动和国家监察活动实践经验的总结和概括。推进纪检监察学科建设,是党长期执政条件下推进自我革命、丰富中国特色社会主义理论体系、推动纪检监察工作规范化和法治化的必然要求。纪检监察学的研究对象是纪检监察制度与纪检监察活动。纪检监察学有可能、也有必要作为法学门类下独立的一级学科进行建设。构建纪检监察学科体系应当以纪检监察制度为逻辑起点,以党和国家监督为基础范畴,以纪检监察权为核心范畴,以纪检监察理论为基础支撑,以纪检监察制度、纪检监察活动为体系范围。     

Criminal justice: Portrait of a discipline in process

Criminal justice is an academic discipline in practice but not yet in theory. An analysis of intellectual resources used in recent criminal justice books shows that theory development is still tied to established disciplines, does not accurately reflect and incorporate the multiple intellectual traditions from which the discipline of criminal justice arose, and has failed to achieve a genuine multidisciplinary and multitheoretical stance or project. Some reasons for this state of affairs and some suggestions for training and practice in the new discipline of criminal justice are advanced.     

‘Mutual aid is present in every crisis’: An Interview with Dean Spade

The Covid-19 pandemic unravelled a crisis of the modern state, and its legal institutions on the one hand, and on the other hand of our interpretive frames—both philosophical and scientific. It is here that the idea and practice of mutual aid gains significance, both to think about how we can respond to acute crises of planetary scales as well as to the crisis of critique in the discipline of law. The task of mutual aid is not to rehabilitate law out of its crisis or to restore conditions and systems back to a state prior to a crisis. This is because, as Dean Spade says in this interview, ‘they are not broken systems needing to be fixed. They are working exactly as they were designed to work, constantly sharpening violence against targeted populations and enriching a very few people.’ Spade—Wismer Professor of Gender and Diversity at the Seattle University School of Law and a founder of the Sylvia Rivera Law Project—is a key scholar-activist voice on mutual aid in North America and Europe. He is author, most recently, of Mutual Aid: Building Solidarity During this Crisis (And the Next). In this conversation with Oishik Sircar, Spade discusses his theoretical and political influences, how he relates the idea of crisis to critique, his sobering assessment of the limitations not only of law reform but of the role of legal education in radical transformation, his own understandings of mutual aid, his favourite words, why and how he does not see himself only as a legal scholar-activist, and his vision of hope and hopelessness in times of acute and intense crises.

     

《行政机关公务员处分条例》的进步与不足

《行政机关公务员处分条例》使我国的行政纪律惩戒规范变得更加完整和系统化。在内容上突出了从严治纪;在程序上对行政处分作了详细的规定,这必将推进行政处分工作的法治化。《行政机关公务员处分条例》的疏漏之处主要有:没有规定国家对行政机关公务员违法违纪行为的追究时效;没有明确是否适用于行政机关内的聘任制公务员;行政机关以外的公务员处分工作是否参照其执行也未予明确。     

Strategic Challenger Entry in a Federal System: The Role of Economic and Political Conditions in State Legislative Competition

Over a third of state legislators do not face challengers when seeking reelection. Existing analyses of state legislative contestation almost exclusively focus on the stable institutional features surrounding elections and ignore conditions that change between elections. I remedy this oversight by investigating how political contexts influence challenger entry. State legislators—particularly members of the governor's party—more often face opposition during weak state economies, but the president's copartisans are even more likely to receive a challenger when the president is unpopular. My findings suggest that both national‐ and state‐level political conditions have an important impact on challengers' entry strategies.     

Remapping Islamic Terrorism in Algeria

Between 1988 and 2000, thousands of lives were taken in Algeria at the hands of a violence that sought justification in religion—Islam. While these events can be understood as the direct consequence of decolonization and the bloody Algerian War that lasted eight years, it is important to note that the rise of terrorist violence in Algeria has had consequences beyond its national boundaries. For instance, renowned historian Benjamin Stora has argued that the treatment of Islam in contemporary France appears to have been shaped by the long and bloody conflict that resulted in Algeria obtaining its independence. As Stora points out, “the War with Algeria continues through the struggle against Islam, which today is masked as a fight against Islamic ‘fundamentalism’—a word that is curiously borrowed from vocabulary that is specific to Christianity. The observance of a France that is rooted in the purity of a mythical identity, endlessly threatened, is what legitimizes, a priori, all violence, all measures of ‘war’ in a defense against the ‘invaders.’”     

Lessons for parents,teachers, and juvenile probation officers: seven ideal criteria for constructively evaluating discipline

By delineating a basic set of terms, this paper seeks to enhance the appreciation, understanding, and discussion of constructive discipline. Advocating initiative by our nation's juvenile probation officers, the author views this cadre of some 18,000 JPOs as an important catalyst in the never-ending task of delinquency prevention. In an era of growing harshness toward youthful offenders, we must remain cognizant that much of the chronic violence which we justly abhor has roots in prior parental malpractice. Our approach provides a model to place three major role-players — parents, teachers, JPOs — all “on the same page,” to borrow a popular metaphor. We focus on seven criteria for evaluating discipline by each participant, while furnishing a supplementary framework to amplify task awareness. Despite already having excessive caseloads, JPOs are encouraged to serve as outreach agents in a common cause. The tables seek to provide officers a basic set of “handouts” for distribution at panels, workshops, seminars, school visits, and parent conferences. Parents should especially appreciate that the seven criteria give guidelines not only for their disciplinary practices, but also for those of teachers and JPOs     

Queer Necropolitics and the Expanding Carceral State: Interrogating Sexual Investments in Punishment

This article examines the changing relationship between sexual politics and the carceral state. While sexual and gender nonconforming people have been historically punished for transgressing social norms, lesbian, gay, bisexual and transgender (LGBT) activists in Europe and North America have begun to invest in the state punishment of others. Whether supporting hate crime legislation, calling for more police in gentrifying neighborhoods, or participating in police recruitment campaigns, organisations that formerly fought against criminalisation trends now actively support expanding forms of state violence and punishment. Focussing on examples from the British and US context—and drawing from the concept of ‘queer necropolitics’—this article considers how the carceral state has shifted from a key target of queer protest to celebrated guardian of sexual citizenship. Arguing that this process constitutes more than just another story of queer assimilation and co-optation, the article suggests this shift reflects a deeper reconfiguration of sexual politics, where citizenship norms and practices are increasingly infused with a chillingly punitive and deathly logic.     

Limitations on an employer's right to discipline and discharge employees

An employer's prerogative to discipline and discharge its employees has been substantially infringed by the courts, state legislatures, Congress, and governmental agencies. In its recent Materials Research decision, the National Labor Relations Board has expanded the Weingarten principle by limiting the employer's ability to conduct investigatory and disciplinary interviews of nonunion employees. In addition, state courts and legislatures have begun to scrutinize the grounds for an employer's discharge of an employee, and Congress has statutorily prohibited the discipline or discharge of employees who "blow the whistle" on their employers under certain circumstances. This article will evaluate recent developments in this area of law and explore their impact on an employer's right to discipline and discharge its employees.     

In search of identity: The field of forensic anthropology in Brazil—Profession and practice

The existing divergencies in the development of forensic anthropology (FA) around the world justify an analysis of its situation in each country/region. Our objective is to report information gathered directly from professionals acting in the field of forensic anthropology in Brazil, with the aim of highlighting the challenges of the discipline and contributing to its advancement. The research consisted of personal visits in Medico‐Legal Institutes (IMLs) in nine states of the country and semi‐structured interviews with 16 professionals. Detailed analysis of the Results suggests the field of forensic anthropology, despite the engagement and dedication of its professionals, cannot yet be considered a well‐structured discipline across the country. The academic background of professionals is highly heterogenous. The applied methods vary, and common protocol is not always followed. The demand highly exceeds the available human resources. The lack of comparative material Results in high percentage of cases remaining unsolved. Important divergences exist in terms of infrastructure and professional resources between the states. The limited cooperation between different IMLs and between different sections of the same IML—together with a general disbelief in the usefulness of anthropological examination in forensic cases—hampers FA’s development. There is a great openness for scientific collaboration and an abundance of material for research. Our research demonstrated structural, political, and academic limitations that affect the FA field in Brazil. However, the expertise and dedication of professionals point to human potential as the chief strength of this discipline that supports and enables research, providing high‐quality services in a challenging context.     

Technical Standards and Institutionalization Processes in New Deal Art Projects

While some practitioners adopt a reductionist approach to inquiry in the cultural management discourse, this article is a critical reflection upon the practice of cultural management as an academic discipline. The article deals with a theoretical framework on how to formulate cultural management strategies that promote the sharing of cultural values throughout the global community. The article traces the history of graduate education in arts management from the late 1960s to the present, as well as discussing policy, research reports, and programs that have helped to build arts management as a comprehensive field of study. Though multidisciplinary in conception, the article posits that practitioners should acquire general training in the management sciences and proceed to professionalize in one distinct field of the arts and culture. Relevant courses in the social sciences and business studies should be incorporated as well. Five critical domains of cultural planning are discussed—arts and culture, citizenship and identity, spatial culture, communications, media and planning—as major concerns for the successful training of dynamic arts managers. The authors predict a time when cultural management will cease to be an adjunct discipline and become an independent school within the university system.