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1.
Ayşegül Sabuktay 《Crime, Law and Social Change》2009,51(5):511-530
This article is concerned with deviations from legal functioning of the modern state, which is supposedly grounded on legal
structure, but may conduct extra-legal activities. In this article, special focus is directed to certain extra-legal activities
of the following modern states: the Susurluk Affair in Turkey, the Iran-Contra Affairs of the USA, GAL in Spain, the Gibraltar
Killings committed by UK soldiers, and enforced disappearances in Argentina. These cases are interpreted from the points of
view of Max Weber’s and Jürgen Habermas’s theories of the rule of law, Hans Kelsen’s legal positivism, Carl Schmitt’s theories
of the political and sovereignty, and Austin Turk’s theory of political criminality. Our purpose, then, is to evaluate these
theories vis-à-vis the cases of extra-legal activities of the state.
相似文献
Ayşegül SabuktayEmail: |
2.
Daniel Paul McLoughlin 《Law and Critique》2009,20(2):163-176
The concept of division or caesura is central to the political and legal philosophy of Giorgio Agamben. This paper examines
the different ways in which Agamben characterises the law in terms of caesura, and the manner in which this analysis of law
is grounded in his analyses of language. I argue that there are two forms of legal division to be found in Agamben’s political
analyses. The first is the division that occurs when the legal system produces determinate identities, such as those of nation,
and socio-economic status. However, this form of division is itself predicated upon the division that delimits the law as
such, the caesura between political and bare life. The way that Agamben sets up both of these political problems is deeply
indebted to his analyses of the ‘presuppositional structure’ of metaphysical language—the fracture between signification and
its excess.
相似文献
Daniel Paul McLoughlinEmail: |
3.
Eric Heinze 《Law and Critique》2009,20(1):79-103
The seventeenth century placed Western political thought on a path increasingly concerned with ascertaining the legitimacy
of a determinate individual, parliamentary or popular sovereign. As early as Shakespeare, however, a parallel literary tradition
serves not to systematise, but to problematise the discourses used to assert the legitimacy with which control over law and
government is exercised. This article examines discourses of legal and political legitimacy spawned in early modernity. It
is argued that basic notions of ‘right’, ‘duty’, ‘justice’ and ‘power’ (corresponding, in their more vivid manifestations,
to categories of ‘heir’, ‘celebrity’, ‘martyr’ and ‘monster’) combine in discrete, but always encumbered ways, to generate
a variety of legitimating discourses. Whilst transcendentalist versions of those discourses begin to wane, their secular analogues
acquire steadily greater force. In addition to the Shakespearean histories, works of John Milton, Pierre Corneille, Jean Racine,
Friedrich Schiller and Richard Wagner are examined, along with some more contemporary or ironic renderings.
相似文献
Eric HeinzeEmail: |
4.
Laurie J. Rodriguez 《Crime, Law and Social Change》2009,51(1):109-125
The United States Sentencing Commission promulgated federal organizational sentencing guidelines in 1991. The final product
eroded the guidelines’ original severity, as drafts were rejected over a period of 4 years. The initial goal of the Commission
was to implement organizational guidelines that were on par with individual-level sanctions in order to remove any suggestion
that powerful corporations receive lesser penalties than individuals convicted of “street crimes”. This study analyzes the
erosion of the Commission’s stated goal by evaluating the organizational structures, individual and group characteristics,
and the social, political, economic, and historical contexts involved in the evolution of federal sentencing guidelines for
organizations. Results indicate that, while structural-level variables played a large part in explaining the development of
the guidelines, a more accurate and complete understanding of this process is possible by including an analysis of the individual-level
characteristics of Commissioners, including their professional backgrounds, ideological perspectives, styles of leadership,
and future goals.
相似文献
Laurie J. RodriguezEmail: |
5.
Nicholas Kyriazis 《European Journal of Law and Economics》2009,27(2):109-127
The present essay analyses Athenian finances during the fourth century BC, the ‘Age of Demosthenes’, from both the revenue
and expenditure points of view. It examines how Athenians practiced the concept of ‘economic democracy’ on matters of public
choice, and the sometimes ingenious solutions they adopted for financing public goods such as defense, education and ‘social
security’. Ancient Athens, the ‘prototype’ political democracy, was advanced also in matters of public administration, finance
and institutions, on which political democracy was based and without their smooth running could not have functioned.
相似文献
Nicholas KyriazisEmail: |
6.
Lening Zhang 《Crime, Law and Social Change》2008,50(3):149-160
The study reviews research on juvenile delinquency and justice in China since 1990. The review covers three issues that have
been studied in the publications: (1) the nature and scope of China’s juvenile delinquency; (2) individual, group, and institutional
factors and their roles in delinquency involvement; and (3) the development of China’s juvenile justice. Because Hong Kong
is a special region of China and has a different social, political, and legal system, the study reviews the publications on
Hong Kong’s juvenile delinquency and justice in a separate section. It summarizes the findings derived from the review, analyzes
and discusses the limitations of the reviewed studies, and provides prospects for future research in the area.
相似文献
Lening ZhangEmail: |
7.
William Rasch 《Law and Critique》2008,19(1):19-34
Richard Tuck locates a conundrum in the Hobbesian world view. Whereas the nation-state is desired to effect the pacification
of the domestic sphere, a world state and the promise of global pacification is feared. Kant’s strong program for perpetual
peace is presented as a moral imperative to establish through legal means a world republic based on reason and individual
autonomy. Kant emphasizes the empirical impossibility of a world republic and hence advocates the weaker program of a world
federation of states. This essay argues not the empirical but the logical impossibility of Kant’s strong program and by extension
any program of perpetual peace that claims to be essentially different from ‘mere’ peace as truce. In so doing this essay
distinguishes between political theory based on the assumption of the ontological priority of peace and political theory based
on the assumption of the ontological priority of violence and argues for the necessity of thinking the latter.
相似文献
William RaschEmail: |
8.
Eva Jansson 《European Journal of Law and Economics》2008,26(2):187-211
During regulation the regulator carries out an intermediary role between shareholders and managers, consequently affecting
property rights and the agency relation between the two. Deregulation implies that this intermediary role ceases to exist.
This article analyses how government deregulation changes property rights, differentiating between firms of network and non-network
structures. Changes in property rights affect the agency relation between shareholders and managers, increasing information
asymmetry and agency costs. I argue that the way to reduce agency costs depend to a great extent on the country’s legal system
classified as of common or civil law tradition.
相似文献
Eva JanssonEmail: |
9.
The purpose of this paper is to show, using the example of socialist Yugoslavia, how and why authors’ rights laws were applied
in a socialist regime relying on the same rhetoric of ownership and individualism that marked their use in the capitalist
West. In this way, Yugoslav laws have served us as an excuse to examine the connection between rights guaranteed by the legal
apparatus and a type of control over creative processes that these rights make possible. Since it is a fact that both single-party
socialism and pluralist capitalism have employed the same concept of authors’ rights and authorship, it is our claim that
the two systems have been and are equally interested in limiting creative freedom by means of property derived from authors’
rights. To the extent to which Yugoslav legislative, political, cultural, and ideological practice borrowed from the Soviet
variety of socialism, we will consider examples from that tradition as well, treating it as the strictest incarnation of Marxism
in Europe.
相似文献
Natalija GrgorinićEmail: |
10.
Jacques De Ville 《Law and Critique》2008,19(2):87-114
This article questions the common assumptions in legal theory regarding Derrida’s well-known Declarations of Independence. Through a close reading of this text, well-known ground such as the relation between speech and writing, the notion of representation,
speech act theory, the signature, and the proper name is covered. The contribution that this analysis makes in the present
context lies in the additional ‘step’ that it takes. The article seeks to give an explanation of the laws at work in Derrida’s
thinking in the above respects and to explain more specifically how they find expression in Declarations of Independence. The article in this regard also investigates the importance and role of the ‘notions’ of death, loss of meaning, loss of
ownership, and loss of sovereignty in Derrida’s thinking. The contention is that if we take account of Derrida’s reading in
Declarations of Independence, it is possible to view constitutions in a very different way, more specifically their ‘origins’, with inevitable implications
for constitutional interpretation.
相似文献
Jacques De VilleEmail: |
11.
Constructing Women Who Experience Male Violence: Criminal Legal Discourse and Individual Experiences
Helen Baker 《Liverpool Law Review》2008,29(2):123-142
This article examines the relationship between how women who experience violence from a male partner construct themselves,
and how criminal legal discourse constructs female victims of violence. It is argued that in both arenas, women are constructed
according to norms which emanate from a discourse of conventional femininity which operates together with a practice of shame.
Utilising empirical data gained from qualitative interviews with women who experienced male violence, the article contends
that the construction of the female victim of violence in criminal legal discourses as imbued with stereotypical ‘feminine’
characteristics such as passivity and weakness, may influence these women’s own construction and understanding of themselves.
The existence of a practice of shame further consolidates the self-regulation of the women themselves to these norms of femininity.
This construction is posited to be problematic as the experiences of women of male violence rarely ‘fit’ within these explanations.
The article contends that in order to better understand women’s experiences of male violence; both criminal legal and individual
women’s discourses need to be read in terms of the power, knowledge and effects which they exert upon individual women. It
is argued that this alternative reading of these discourses has the potential for transformation as they are invested in the
subject.
相似文献
Helen BakerEmail: |
12.
Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany,
the article presents the results of an empirical study on the individual and collective legitimization of the use of force
by German police officers. There are numerous justifications for the use of force expressed by focus group participants in
eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups,
reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence,
the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur,
although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions,
it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of
the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They
have different influences on the individual legitimization of police actions, intertwined with the perception of the situation
as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification
for the use of force.
相似文献
Astrid Klukkert (Corresponding author)Email: |
Thomas OhlemacherEmail: |
Thomas FeltesEmail: |
13.
14.
Andrew N. Sharpe 《Law and Critique》2007,18(2):207-228
This article will argue that the legal idea of the monster offers to inform contemporary thinking in relation to outsiders.
Drawing on the work of Foucault it will be contended that the process, whereby at least some human beings are positioned as
outsiders, is structured like a monster. That is to say, at least some constructions or representations of human difference,
both legal and non-legal, are informed by the monster category. The article will think through and unpack Foucault’s the idea
of the monster, and his sufficient and necessary conditions of monster production. In the process, the article will identify
two contemporary figures that bear the legacy of this legal category. These are the figures of Foucault’s abnormal individual
and the human/animal hybrid of genetic medicine, figures that can neither be reduced to products of law or disentangled from
its domain. An emphasis on the importance of the template of the monster in understanding these contemporary figures points
to its relevance to legal scholarship within fields such as gender, sexuality and race, and bioethics respectively.
相似文献
Andrew N. SharpeEmail: |
15.
Maria Drakopoulou 《Law and Critique》2007,18(3):331-360
Feminists have so often declared and celebrated the fecundity of the relationship between feminism and legal reform that critique
of legal doctrine and norms, together with proposals for their reconstruction, have become the hallmarks of the modern feminist
engagement with law. Yet today the long-cherished ‘truth’ about law’s potentially beneficial impact on women’s lives has started
to fade and the quest for legal change has become fraught with problems. In responding to the aporetic state in which feminist legal scholarship now finds itself, this paper offers a recounting of the relationship between feminism
and the politics of legal reform. However, in so doing, it seeks neither to support nor to oppose these politics. Instead,
it explores the historical contingencies that made this discourse possible. Utilizing Foucault’s concept of episteme, it demarcates the nineteenth century as the historical moment in which this discourse arose, and tracing the epistemic shifts underpinning the production of knowledge, locates its positivities at the interface of the time’s episteme and the discourse of transcendental subjectivity that it engendered.
相似文献
Maria DrakopoulouEmail: |
16.
Debate about how to best interpret the Constitution often revolves around interpretive methodologies (e.g., originalism or
expansive interpretation). This article examines whether individuals’ political orientation influences the methodologies they
prefer to use to interpret the Constitution. We study this proposed relationship using a survey of federal law clerks and
an experimental study with college students. The survey results indicate that, compared to conservatives, liberal clerks prefer
the current meaning or the most plausible appealing meaning of the constitutional text, while conservatives prefer the original
meaning of the text. Liberal clerks also prefer to interpret the Constitution much more expansively. The second study manipulates
the policy implications of expansive interpretation and finds this manipulation differentially affects liberals’ and conservatives’
expansiveness preferences.
相似文献
Linda BabcockEmail: |
17.
This article discusses the effect of China’s economic rise on East Asian economic integration and concludes that the emergence
of China as an increasingly important economic power has made a great contribution to Asian economic integration mainly through
four channels: being a main importer and FDI destination country for most Asian countries under the processing export pattern;
the renminbi’s more active image in the regional currency cooperation and its potential role as one of the core regional currencies
in the future; playing a more important role in the regional political affairs and having an increasing potential to be part
of the political core power (together with Japan); the demonstration and stimulative effects made by the motion of the FTA
between China and ASEAN.
相似文献
Liqing ZhangEmail: |
18.
Janice Richardson 《Law and Critique》2007,18(2):229-252
Christine Battersby has argued that it is Kant (and not Descartes) who provides the paradigm model of what it is to be a self
in modernity. The Kantian self is established in opposition to its other. The body is commonly envisaged as a container, with
selfhood as something that is defended against the outside. In contrast, she proposes a feminist reworking of such a model
of selfhood, applicable to both men and women, in which the self and other emerge over time through patterns of relationality.
This paper introduces Battersby’s work by focusing upon her early analysis of Kantian aesthetics, in particular the sublime.
The aim is to draw out some of the legal and political implications of her work, particularly with regard to the common law’s
developing conception of privacy. This is carried out by distinguishing her ontological position from the psychology of Carol
Gilligan and then by considering the overlapping concerns of Jennifer Nedelsky in the area of legal theory.
相似文献
Janice RichardsonEmail: |
19.
Institutionalized corruption: power overconcentration of the First-in-Command in China 总被引:1,自引:1,他引:0
Among various kinds of corruption in China, corruption of the First-in-Command (FIC) is most pernicious, threatening the legitimacy
of the Chinese Communist Party and the stability of the state. This paper examines several specific institutional arrangements
under China’s current political structure, including the people’s congress, the ruling party system, and the collective leadership
team system, to see how they have contributed to power overconcentration in the hands of FICs. This is done in a two-round
process: first through the collective leadership team and then by the gestating decision-making rule. The paper also assesses
four institutional innovations designed to prevent FIC corruption.
相似文献
Ren Jianming (Corresponding author)Email: |
Du ZhizhouEmail: |
20.
The European Commission’s proposal to establish a Common Consolidated Corporate Tax Base reduces both compliance and administrative
costs for European groups. The proposal would replace separate entity accounting with a profit allocation based on formula
apportionment. Since formula apportionment rests on the source principle, the group faces an incentive to invest in low tax
member states. Residence-based group taxation based on separate entity accounting could be an alternative. The subsidiaries’
profits and losses are attributed to the parent of the group (current inclusion), and the European group’s profit is taxed
at the corporate income tax rate of the parent. The parent’s state of residence grants a foreign tax credit. Current inclusion
prevents tax distortions regarding the location of investments, if no limitations on the foreign tax credit exist. A serious
drawback of residence-based taxation is the incentive to move the group’s headquarter to a low tax member state. At present,
this incentive is mitigated by exit taxation. Applicable exit taxation rules, however, most likely infringe upon European
law. Rules that conform to European law probably abolish unfavourable liquidity effects upon exit. In net present value terms,
however, exit taxes still render it burdensome for the group to move the headquarter to another member state.
相似文献
Gregor Führich (Corresponding author)Email: |