Law and Aging: Special Persons, Special Treatment?

Miriam K. Aronson (ed.) and Alzheimer's Disease and Related Disorders Association, Understanding Alzheimer's Disease . Charles Scribner's Sons: New York (1988).
Robert N. Brown with Legal Counsel for the Elderly, The Rights of Older Persons (Second Edition). Southern Illinois University Press: Carbondale, IL(1989).
John J. Regan with Legal Counsel for the Elderly, Your Legal Rights in Later Life . American Association of Retired Persons and Scott, Foresman and Company: Washington, D.C. and Glenview, IL (1989).
Ira S. Schneider & Ezra Huber, Financial Planning for Long-Term Care . Human Sciences Press: New York (1989).
James E. Thornton & Earl R. Winkler (eds.), Ethics and Aging: The Right to Live, The Right to Die . University of British Columbia Press: Vancouver, B.C., Canada (1988).
Mark H. Waymack & George A. Taler, Medical Ethics and The Elderly . Pluribus Press: Chicago (1988).     

《中华人民共和国反垄断法》析评

The Anti-Monopoly Law of the People’s Republic of China has provided to prohibit monopoly agreements and abuse of dominant market position, control concentration of business operators and fight against administrative monopoly. The transformation of China’s economic system is incomplete, and the Anti-Monopoly Law has many flaws. At the initial stage of enforcing the Anti-Monopoly Law, severe challenges will occur in legislative purposes, enforcement authorities, fighting against administrative monopoly and handling of the relationship between anti-monopoly enforcement and industry supervision. Thus, the promulgation of the Anti-Monopoly Law is only the first step in the legislation on anti-monopoly. Wang Xiaoye held a bachelor’s degree of philosophy from Inner Mongolian Normal University (1981), LL.M. from Renmin University of China (1984) and Doctor Juris magna cum laude from the University Hamburg (1993). Since 1984, she works at the Institute of Law, Chinese Academy of Social Sciences (CASS). From 1988 to 1993, she studied in Germany based on Max-Planck Institute for Comparative Private Law. As visiting scholar she spent a year at Max-Planck Institute for Comparative Intellectual Property and Competition Law, and a year at Max-Planck Institute for Comparative Social Law in Munich. In 2004, she was invited to the US by the Antitrust Division of the Department of Justice. In 2005, she was invited to the European Union Visitors Program, and awarded a Fulbright Scholarship to spend a year at the Chicago-Kent College of Law. Prof. Wang works in the areas of economic law, international economic law, and focuses on competition law. Her publications include: Monopoly and Competition in the Chinese Economy — A conception for merger control in China in view of the American and German practices (J C B Mohr, 1993); Monopoly Problem in the Merger of Enterprises (Law Press, 1996); On Competition Law (China’s Legal Publishing House, 1999); Competition Law of European Community (China’s Legal Publishing House, 2001); Economic Law (Social Sciences Academic Press, 2005); Competition Law (Social Sciences Academic Press, 2007). She also has over 200 papers published in Chinese, German and English languages. Prof. Wang has served as vice president of National Association for Economic Law of China, the head of the Consultant Committee for WTO Trade and Competition Policy of the Ministry of Commerce, and member of the Expert Advisory Board for Anti-Monopoly Legislation of the State Council and the National People’s Congress. In her honor, she once lectured on competition law for the Standing Committee of the Ninth and Tenth People’s Congress. In international academic activities, she is a founding member of Academic Society for Competition Law (ASCOLA) and of the Asian Competition Forum, and member of International Advisory Board of the CUTS C-CIER. She lectured on Chinese law at ABA, IBA, IPBA, ACF, Harvard University, Columbia University, Washington University (St. Louis), New York University, KFTC, Chatham House, LIDC, IDRC and other institutions.     

论法学研究的两种视角——兼评“法教义学和社科法学”逻辑之非

法学有两种观察或研究视角,即内部视角和外部视角。简言之,前者是规范(制度)事实视角,后者是社会(事实)视角。因之,法学也可两分为内部视角的法学和外部视角的法学。前者以法律规范为前提和纽带的制度事实为研究对象,以规范分析为基本方法,并强调规范中心和规范决定论;后者则以法律规范与其它社会事实之间的关系为研究对象,并运用其他社会科学,如经济学、政治学、社会学、人类学等的方法作为观察和研究法律现象及运作规律的具体方法。它强调社会(事实)中心和社会决定论。法学(尤其法教义学)是社会"科学"的重要一支,与社会科学之间是种属关系,因之,法教义学与所谓"社科法学"之间,在逻辑上不能以并列关系对待。与其说"法教义学与(和)社科法学",不如说内部视角的法学与(和)外部视角的法学。     

“Critical Empiricism” in American Legal Studies: Paradox,Program, or Pandora's Box?

This essay was originally presented at the Conference on American and German Traditions of Sociological Jurisprudence and Critical Legal Thought organized by the Center for European Legal Policy, Bremen, Federal Republic of Germany, July 10-12, 1986. Subsequent versions were discussed at the Department of Sociology, Northwestern University (February 1987) and the Workshop on Legal Theory at the University of Virginia Law School (March 1987). Comments by participants at these events, members of the Amherst Seminar, Boaventura Santos, Kristin Bumiller, and G. Edward White are gratefully acknowledged. An earlier version of the paper appears in Joerges & Trubek, eds., Critical Legal Thought in Germany and America: A German-American Debate (Baden-Baden: NOMOS, 1989).     

法律判断形成的模式

Legal decisions are results of the use of law, which includes the application of law and the finding of law, but mainly referring to the latter. In the application of law, facts match norms, and thus legal decisions could be obtained directly through deduction thereof, which is called the deduction mode. However, in the finding of law, since facts are not symmetric to norms, before making judgment through deduction, facts and norms shall be equalized. That is to say, facts shall be generalized and then upgraded to the provisions, while norms shall be concrete and downwards to specific cases, conducting for spiral upwards, which is called equalization mode. Zheng Yongliu, professor at the Institute of Legal Philosophy of China University of Political Science and Law, also a visiting professor at University of Saarland in Germany (till 1996), and a guest professor at Jilin University (since 1998), whose research is focusing on legal philosophy, particularly on the legal methods as well as law and society. Prof. Zheng once published 4 books, i.e., The Orientation of Rural Law in Contemporary China (1991), The Farmers’ Legal Awareness and the Development of Village’s Law (1993), Das Wirtschaftsrecht Chinas (1997) and The Rule of Law: the British and German Origin, International Standards and Its Practices in China (2002). In his published articles, the follows are most dear to his heart: What is Legal Philosophy (1998), the Origin and Evolution of the “Rechtsstaat” in Germany (2000), the Legal Hermeneutics and Its Relationship with the Legal Interpretation (2002), Academic Freedom and Its Enemies (2004), Pluralistische Ordnungen im chinesischen Wirtschaftswandel (German, 2006).     

REVIEWS

The Courts and Criminal Punishments . By Sir John Vincent Barry . [New Zealand The Government Printer , Wellington , New Zealand . The Formation and Annulment of Marriage . By Joseph Jackson, m.a., ll.b. (Cantab.), ll.m. (Lond.), of the Middle and Inner Temple, One of Her Majesty's Counsel, and of the South Eastern Circuit. Trade Unions and the Law . By Alexander Szakats, dr.jur., dr.pol. (Budapest), ll.b. (n.z. ) The Law Relating to the Control of Competition , Restrictive Trade Practices and Monopolies in New Zealand . By John Collinge . Wellington: Sweet & Maxwell (N.Z.) Ltd. Gilbart Lectures on Banking 1970. The Business of Banking (Practical Aspects of the Legal Definition ). By F. R. Ryder, ll.b., f.i.b. International Law . By D. W. Greig . The United Nations in a Changing World . By J. A. C. Gutteridge, m.a. (Oxon). Microstates and Micronesia . By Stanley de Smith . Lawasia , being the Journal of the Law Association for Asia and the Western Pacific; Vol. I. No. 1. December 1969. The Cambrian Law Review, being the Journal of the Law Department of the University College of Wales. Fundamental Problems of Socialist Civil Law . By Gyula Eorsi . Institute for Legal and Administrative Sciences of the Hungarian Academy of Sciences, Series in Foreign Languages, No. 6 Budapest: Akadémiai Kiadó. Yugoslav Civil Law : History, Family, Property. By A. G. Chloros. Processo e Ideologie . By Mauro Cappelletti . Scotland Yard . By Peter Laurie . Crime and Information Theory . By M. A. P. Williams , Fellow of Nuffield College, Oxford.     

Scottish Legal History Group Report 2012

The Enigma of Felix Frankfurter. H. N. Hirsch New York, 1981. Basic Books Inc. x + 253pp (incl. index). £11.25.

Jogtörteneti Tanulmanyok (Studies in Legal History) Edited by A. Adam. F. Benedek and J. Szita. Legal Studies of Pecs University no. 95. Pecs. 1980. 432 pp.     

REVIEWS

Critical Legal Studies: The Politics of Law. Edited by David Kairys. [New York: Pantheon Books. 1982. x and 321 pp. Paperback $9·95.] Critical Legal Studies: Law, State and Society. Edited by Bob Fryer, Alan Hunt, Doreen McBarnet and Bert Moorhouse. [London: Croom Helm. 1981. 234 pp. (including name index). Hardback £14·95.] Critical Legal Studies: A Bibliography Critical Legal Studies: The Law Lords. By Alan Paterson. [London: Macmillan. 1982. 287pp. £12.] Critical Legal Studies: The Common Lawyers of Pre-Reformation England: Thomas Kebell, A Case Study. By E. W. Ives. [Cambridge: Cambridge University Press. (Cambridge Studies in English Legal History). 1983. 536 pp. £40.] Critical Legal Studies: People Against the Press. An Enquiry into the Press Council. By Geoffrey Robertson. [London: Quartet. 1983. 182 pp. (including appendices and index). £7£95.]     

燃煤污染型氟中毒病区儿童智力调查及法医学意义

目的探讨燃煤污染型氟中毒病区8～12岁儿童智力水平及其与染氟量之间的关系,为慢性氟中毒致中枢神经损伤的相关研究提供人群数据资料,为氟病区人群智力残疾鉴定提供修正参考值。方法采用《中国修订韦氏学龄期儿童智力量表(WISC-CR)》测试99名8～12岁小学生(包括氟斑牙组55人,对照组44人)的智力水平,比较氟斑牙组与对照组儿童智力水平差异,并对染氟儿童智力水平与染氟量之间的相关性进行分析。结果氟斑牙组的言语智商(85.64±16.53)、操作智商(94.87±12.73)、总智商(88.51±12.77)均低于对照组(言语智商94.34±16.04、操作智商99.23±12.44、总智商96.64±11.70),其中,两组的言语智商和总智商差异有统计学意义(P=0.002,P=0.01)。氟斑牙组与对照组的言语智商中各项分测验均显著低于对照组,差异有统计学意义(P<0.05)。操作智商中各项分测验除积木测验和译码检测外,差异有统计学意义(P<0.05)。结论燃煤污染型氟中毒儿童可出现智力损害,对言语智力的损伤较为明显;对患儿进行智力残疾鉴定时,应考虑修正智力评测的结果。     

Reviews

Legal Marriage—who Needs it?: The Marriage Contract. By Lenore J. Weitzman. [New York: The Free Press. 1981. 536 pp. (incl. index) $17.95.] Legal Marriage—who Needs it?: Cohabitation Without Marriage. By Michael D. A. Freeman and Christina M. Lyon. [Aldershot, Hants.: Gower, 1983. 228 pp. (incl. index). £15.00.] Legal Marriage—who Needs it?: Unmarried Couples. By Winifred H. Holland. [Toronto: The Carswell Company. 1982. 249 pp. (incl. index) Can.$32.50.] Legal Marriage—who Needs it?: The Family Home. By W. T. Murphy and Hilary Clark. [London: Sweet and Maxwell. 1983. xxi and 229 pp. (incl. index) £6£95 (paperback).] Legal Marriage—who Needs it?: Fundamentals of Securities Regulation. By Louis Loss. [Boston and Toronto: Little Brown and Company. 1983. xxiii and 1353 pp. No price stated.] Legal Marriage—who Needs it?: Economic Realities and the Female Offender. By Jane Roberts Chapman. [Lexington, Massachusetts: Lexington Books. 1980. 234 pp. (incl. bibliog. and index). No price stated.] Legal Marriage—who Needs it?: Girl Delinquents. By Anne Campbell. [Oxford: Basil Blackwell. 1981. 266 pp. Paperback: £4-50.1 Legal Marriage—who Needs it?: The Analysis of Judicial Reform. Edited by Philip L. Dubois. [Lexington: D. C. Heath. 1982. xiv and 221 pp. £18·50.] Legal Marriage—who Needs it?: The Politics of Judicial Reform. Edited by Philip L. Dubois. [Lexington: D. C. Heath. 1982. xi and 187 pp. £18·50.] Legal Marriage—who Needs it?: Prosecution in the Public Interest. By Susan R. Moody and Jacqueline Tombs. [Edinburgh: Scottish Academic Press. 1982. xiii and 167 pp. £12·00.] Legal Marriage—who Needs it?: Free Speech: A Philosophical Inquiry. By Frederick Schauer. [Cambridge: Cambridge University Press. 1982. 237 pp. £ 20·00 (hardback) £6-50 (paperback).] Legal Marriage—who Needs it?: English Law and French Law. By René David. [Stevens/Eastern Law House. 1980. 195 pp. Hardback: £12·50.] Legal Marriage—who Needs it?: La Responsabilité Civile. By André Tunc. [Economica. 1981. 161 pp. Paperback: 65F.]     

Student based learning‐a polytechnic's experience

This article offers insight into the universality of professionalism in legal education. It does so in the context of an evaluation of a unit that forms part of the Australian National University's Legal Workshop Graduate Diploma in Legal Practice. The evaluation is undertaken with reference to a Scottish vocational course and experience upon which the ANU Legal Workshop course is based. It also seeks to inform the debate about including the development of professional identity in pre-practice legal education. The evaluation of the ANU Legal Workshop unit involved a comparison of experiences in both ANU and the University of Strathclyde. The comparison indicates that legal professional identity has universal elements and that professional working can be embedded in students' learning even where that occurs wholly online. This suggests that the development of professional culture and professional identity can be encouraged to start prior to admission to practice.     

Historicizing the Lived Experience of Violence: Bryen's Violence in Roman Egypt

Bryen, Ari Z. 2013 . Violence in Roman Egypt: A Study in Legal Interpretation . Philadelphia, PA: University of Pennsylvania Press. Pp. 376. $75.00 cloth; $75.00 eBook. Ari Byren's Violence in Roman Egypt: A Study in Legal Interpretation (2013) effectively inserts itself into two complementary fields of inquiry and discussion within the field of classical studies. First, it offers a detailed treatment of the social history of small communities in Roman Egypt, providing an important contribution to the study of violence in antiquity—a topic that has gained interest in recent years. Second, it is an extended meditation on the place of violence within a society and law's role in defining and eliminating it.     

Legal deduction,legal predicates and expert systems

Much of the text which follows was first presented to the Conference of the Legal Expert System Association at Meiji Gakuin University, Tokyo, in August 1987, and followed by a similar argument, slightly differently angled, at a Symposium in honour of Ota Weinberger in Graz, whose proceedings remain for the moment unpublished. I have also received valuable criticisms through discussions of the latter version at meetings of an Esprit Working Group on Foundations of Legal Reasoning convened by Dr. Tim Flanagan of Cambridge, 1988–91.     

Hate Speech,Group Libel,and “Ford's Megaphone”

Woeste, Victoria Saker. 2012 . Henry Ford's War on Jews and the Legal Battle Against Hate Speech . Stanford, CA: Stanford University Press. Pp. xv, 408. $55.00, cloth; $24.95, paper. This essay on Victoria Saker Woeste's Henry Ford's War on Jews and the Legal Battle Against Hate Speech (2012) emphasizes that what made Ford's broadsides against Jews in the 1920s so dangerous was technology—his command of an unparalleled network of distribution, through his nationwide Ford dealerships. In addition, at the time of Ford's libels, US legal culture had not yet absorbed the idea that ideological and psychological subordination of minority groups was the principal harm worked by what would later be called “hate speech.”     

博客侵权问题研究

In recent years the cases of blog infringement are on the increase, attracting more attention from all walks of life. The author provides a preliminary discussion on the status, elements, and judicial finding of blog infringement, as well as civil liabilities for blog infringement, in the hope of contributing to the research and legislative regulation of blog infringement. Fang Yiquan is a professor and postgraduate supervisor of Law School of Wenzhou University, and a legal adviser of Wenzhou Municipal Government, whose main researches focus on civil law, commercial law and educational law. Professor Fang has been chosen as one of the “151 Talents of the New Century” of Zhejiang Province, one of the “Ten Outstanding Youths” in Wenzhou city, a “Prominent Educator” in Zhejiang Province. His scientific research achievements have received prefectural, provincial and ministerial rewards for over ten times. He has presided ten projects funded by the Humanities & Social Sciences of the Education Ministry of China and the Philosophy and Social Sciences of Zhejiang Province. He has released over 60 articles in academic law journals, such as Politics and Law Forum, Jurists Review, etc. His monographs include Compensation Liability of Student Injury Incidents, Research on Legal Problems of Campus Infringement, etc.     

Review Symposium: Interdisciplinary Readings of Ari Z. Bryen's Violence in Roman Egypt: A Study in Legal Interpretation—Introduction

Bryen, Ari Z. 2013 . Violence in Roman Egypt: A Study in Legal Interpretation . Philadelphia, PA: University of Pennsylvania Press. Pp. 376. $75.00 cloth; $75.00 eBook.     

The CLSR-LSPI Seminar – ‘The future of privacy regulation in the online world’

The annual CLSR-LSPI Seminar (www.lspi.net) took place on 19 September 2011 at the Sixth Legal, Security & Privacy Issues in IT Conference (LSPI) at University of Nicosia, Cyprus. The event, led by Prof. Steve Saxby, Editor-in-Chief of CLSR, invited contributions from five legal specialists on a variety of current issues dealing with the future of privacy. A lively discussion took place amongst those present after each intervention. The reports of those who presented are recorded below.     

东京审判与南京大屠杀

Nanjing massacre is undoubtedly an outstanding event that indicates the savage acts of the Japanese soldiers during World War II, and its cruelty shocked the whole world. But up to now, there are still some people in Japan denying this period of history. The Trial by the International Military Tribunal for the Far East (“Tokyo International Tribunal”) puts the monstrous crimes committed by the Japanese militarists in record, nails their violence in Nanjing to the history’s pillar of shame for ever, and declares publicly to the later generations that such violence shall never be forgot. Zhu Wenqi, professor of international law, works at Law School of China Renmin University (since 2002 till now). He got Ph.D in University of Paris II and finished his post-doctor research programs in Europe and USA, and started to work in the China Foreign Ministry as Diplomat and also Legal Advisor (1988). And then, he worked in the International Criminal Tribunal for the Former Yugoslavia as legal assistant of the judges, Legal Advisor and Appeals Counsel of the Officer of the Prosecutor of the Tribunal (1994–2002).     

“非典”防治与法治理论研讨会综述

20 0 3年 5月 30日 ,重庆市人大法制委员会、重庆市人民政府法制办公室、重庆市高级人民法院及西南政法大学四家单位联合主办 ,在西南政法大学召开了“‘非典’防治与法治理论研讨会”。围绕在处置公共危机的过程中 ,政府、社会、公民以及新闻媒介等的角色、职责、权利等问题 ,与会者就依法行政、信息公开、行政应急处置权、公民的合法权益的保护与救济、强制隔离措施的运用与完善等问题进行了热烈的讨论 ,提出通过依法防治非典 ,促进科学发展 ,促进法治的发展