ACCESS TO JUSTICE AND THE LIMITS OF LAW

This article examines the relationship between persistent demands for "access to justice" and the relatively low yield of court-oriented social reform strategies. Access to justice has a symbolic attraction which is impossible to deny. Access may not insure justice or social reform, but it is an important political resource from which strategic bargaining advantages may flow. But the importance of the right to participate may be inversely related to its utilization. Beyond a certain level, expanded access may be costly. Its deterrent qualities may be diminished, and the legal system, when overloaded, may be unable to insure delivery of justice.     

日本多田氏法计算颅内血肿体积公式的适用范围

通过对日本多田氏法计算颅内血肿体积公式的理论来源论证,揭示了多田氏认识颅内血肿问题和解决颅内血肿体积问题的思维方式,明确界定了多田氏法计算颅内血肿体积公式的适用范围;并针对该体积公式适用范围以外的颅内血肿,首次提出了模拟血肿形体,然后计算其体积的简便方法。     

DIFFERENT EXPRESSIONS OF THERAPEUTIC JURISPRUDENCE IN THE SPANISH CRIMINAL PROSECUTION

The postulates of what is known as Therapeutic Jurisprudence seek to guide to a more humane, reinvigorating and resocializingjustice, and in the Spanish Legal System we can find different manifestations of itself. This paper aims to examine some of the manifestations of Therapeutic Jurisprudence in the Spanish criminal prosecution： adults and minors criminal mediation, the plea bargaining of the criminal offender and the attenuated pre-trial custody.     

ON THE LIMITS OF RIGHTS

Law and Philosophy -     

宪法基本权利的法律限制问题 以中国近代制宪史为中心

<正> 现代国家一般均在其宪法上明文肯定基本权利的存在及其价值,但人民基本权利的实现并非是毫无限制的。20世纪以来的各国宪法往往也会或多或少地规定基本权利的法律限制,这是权利内涵复杂化的结果,与社会经济的发展息息相关。"如何能在宪法的最高理念及拘束力的影响下,使基本权利的‘实现’及其‘限制性’的问题,能在法律制度内尽可能完善地运作",实现二者的平衡,这是宪法学上的重大问题之一。     

WEBER AND THE LIMITS OF JUDICIAL POLICY-MAKING

In United Steelworkers of America v. Weber (1979), the U. S. Supreme Court engaged in one of the most blatant examples of judicial policymaking to date. This paper explores Weber (and, to a lesser degree, the other major cases that have addressed the question of ameliorative racial preference), and argues that the very attributes of the adjudicative process that make the courts so well-suited for the resolution of particular controversies and grievances also render them most ill-suited for general policy-making.     

THE HUMAN RIGHT TO INFORMATION,THE ENVIRONMENT AND INFORMATION ABOUT THE ENVIRONMENT: FROM THE UNIVERSAL DECLARATION TO THE AARHUS CONVENTION

Citizen access to government-held information and the amelioration of environmental problems are considered statutory matters in the United States, but at the international level these are seen as fundamental human rights. In recent years two categories of human rights demanded by activists, the right to government information and the right to environmental protection, have converged into a new human right—the right to government information about the environment. The 1998 Aarhus Convention, binding in more than forty nations in Europe and Central Asia, is the first multilateral treaty to specifically denote a human right to government information about the environment. While the Aarhus Convention has some untested procedural difficulties and laborious bureaucratic requirements, the treaty can serve as a model for the world's nations at large, because citizen oversight of government actions toward the natural world is a powerful tool for those concerned about both the environment and government transparency.     

THE STABILITY OF CRIMINAL POTENTIAL FROM CHILDHOOD TO ADULTHOOD*

This paper examines two alternative interpretations of the well-documented positive association between past and future criminal behavior. One is that prior participation has a genuine behavioral impact that increases the likelihood of future participation. The second is that there are stable, unmeasured differences in criminal potential across the population. Many general theories of crime can be interpreted as suggesting one of these interpretations. Based on an analysis of a panel data set that tracks a sample of males for over 20 years, the results suggest that the positive association is largely attributable to stable, unmeasured individual differences.     

FROM ADDICTION TO ABSTINENCE: MAXIMIZING THE CHANCES OF SUCCESS

While advances in neuroscience have clearly delineated the areas of the brain that are affected by mood-altering drugs, the success rate of treatment for people dependent upon or addicted to these drugs remains essentially unchanged over the last several decades. This is due in large part to paying inadequate attention to the craving that occurs after discontinuing a mood-altering drug that produces physical dependency. This article will review the changes that occur when one becomes physically dependent on a mood-altering drug and the process to follow in order to maximize the chances of success in maintaining abstinence when drug use has been discontinued.