行政法的潮涨潮落

理论学派的法律是一个在认知上并不可靠的领域。它所采用的方法和视角已经受到当下政治和观念的冲击,并且因缺乏理论与实践的互动而显得摇摆不定。在本文中,我将阐述这一看似荒谬的结论,即:随着学术界与司法界不断改变对行政法形态和价值的塑造,法律将通过不断的去法化和日趋经     

Positivists and Buddhists: The Rise and Fall of Anglo-Burmese Ecclesiastical Law

This article describes and compares English and Burmese approaches to the kgal establishment of religion. Between 1886 and 1942 the two approaches crossbred to produce a body of case law known as Buddhist ecclesiastical law. However, after 1920 the colonial government radically changed its policy toward Buddhism. The repercussions of this change continue to affect Burma.     

Abhinav Chandrachud: Republic of Religion: The Rise and Fall of Colonial Secularism in India

Liverpool Law Review -     

本体论的兴衰与哲学时代主题的转换

从历史上看,本体论的演化经历了一个曲折的过程.早期,本体论的兴盛说明了哲学研究的重心是探讨世界的"本原","形而上"的追索构成了古代哲学的主题.近代以来,认识论的繁荣与本体论的衰落是同一个过程的两个方面,哲学研究中对"形而上"问题的质疑和对精确科学的推崇把哲学变成了所谓的"科学之科学".哲学主题的"科学化"一方面使哲学蒙上了"科学"的表象,另一方面也使之远离了人类的终极关怀和至上理想.然而,现代人文精神的失落和科学技术发展带来的人类生存危机提醒人们:科学和人文是人类社会发展的双轨,哲学的科学化是不符合哲学的本性和社会发展的要求的,世界范围内兴起的对本体论研究的热潮证明了哲学的当代主题乃是人与世界的和谐共处问题,哲学在其中起着人类生活信念重建和理性对待世界的双重任务.     

苏维埃社会主义法系的兴衰

一百年前俄国十月革命的结果是建立了与资本主义社会完全不同的社会主义国家,并在废除一切旧法之后建立了新的苏维埃社会主义法律体系;随着第二次世界大战之后其他社会主义国家的加入,最后形成以苏联法为核心的苏维埃社会主义法系,在世界范围内产生巨大影响。苏维埃社会主义法以马克思主义学说为意识形态理论,并指导社会实践;共产党作为国家政权的领导核心为国家根本法所确认,党的意志对于法律规范的形成具有决定性作用;财产公有制使得传统私法的意义大为降低,公法作用增强。社会主义法的这些基本特征在其他社会主义国家都有体现。苏联法经过了无产阶级的法、社会主义国家的法和全民法三个时代,并随着苏联于20世纪90年代初的突然解体而消亡。其深刻的教训在于:法律的价值在于追求公正,而非特权的确认;法律不仅仅具有教育广大人民群众的作用,还应具体落实法律文本中的规定;法律文本与现实的巨大差距导致了苏联的解体和苏维埃社会主义制度的崩溃以及苏维埃社会主义法系的消亡。     

国家法人说的兴衰及其法学遗产

机关法人、机关犯罪、行政主体乃至行政法人等法律或法学概念,以及一系列以国家机关为原告的名誉侵权案、敲诈勒索政府案司法判决表明,我国公法与公法学体系欠缺清晰的"法学国家观"。在大陆法系国家,建构法学国家观的任务主要是由国家法学特别是19世纪后半期形成于德国的国家法人说完成的。国家法人说在国民主权原理的宪法秩序下受到过批判或否定,但"国家法人"这个以法秩序的统一性为目标的法技术概念及其背后的法学思考方式却保留了下来。梳理国家法人说的兴衰过程、清算国家法人说的法学遗产,有助于厘清我国目前所面对的一系列问题,对建构我国的"法学国家观"具有重要意义。     

Anatomy of the Rise and Fall of a Price-Fixing Conspiracy: Auctions at Sotheby's and Christie's

The Sotheby's–Christie's price-fixing scandal that endedin the public trial of Alfred Taubman provides a unique windowon a number of key economic and antitrust policy issues. Thetrial provided detailed evidence as to how the price-fixingworked, and the economic conditions under which it was startedand began to fall apart. The role of the amnesty program wasimportant to the case, and does not appear to have had a rolein the cartel's enforcement of price-fixing or the cartel'sdemise. The outcome of the case also provides evidence on theauction process used to choose the lead counsel for the civilsettlement. Finally, though buyers received the bulk of thedamages, a straightforward application of the economic theoryof auctions shows that it is unlikely that successful buyersas a group were injured.     

Wine Reputation and Quality Controls: The Origin of the AOCs in 19th Century France

Even though they were officially settled during the second half of the 1930s, the AOCs (Appélations d'origine contrôlée) constitute the outcome of a long process that took place over the 19 ^th century and that reached its apogee between 1905 (the date of adoption of the law on fraud and falsification) and 1914. This article studies the pre-history of the AOCs in order to elucidate in which circumstances collective marks are required, that is, when neither the market alone nor the individual marks provide efficient information on the quality of goods.Historical experience confirms the theoretical conclusion that economic agents try to bind a mark to a territory in order to enjoy a rent. However, before 1905, a halt to this ambition came much less from the ex-ante law than from its judicial interpretations.But unlike theoretical predictions, rules and procedures are much less surrogates than complements while the recourse to a framework law (loi cadre) rather than to a law or to a decree is not necessarily synonymous with decentralization.     

Self-Interest and Altruism in the Deterrence of Transnational Bribery

This article explains why states in which bribe payers are located("payor states") criminalize transnational bribery. It suggeststhat these initiatives can enable selfinterested payor statesto improve the terms upon which their nationals obtain the servicesof foreign public officials. Although the legislation in questionis not patently designed to further economic interests, it maybe only partially enforced in a manner consistent with the economicinterests of payor states. This implies that further attentionshould be devoted to analyzing how anti-bribery legislationis enforced.     

美国“一股一权”制度的兴衰及其启示

股东控制是美国公司法的基础,而"一股一权"则是该基础的核心。纽约证券交易所在20世纪初迫于政治压力,在上市公司标准中确立了一股一权原则。但在1980年代,纽约证券交易所因美国证券交易所和纳斯达克交易所的竞争压力,放弃了这一上市标准,引起了美国学者对该原则的广泛争议。一股一权原则的合理性尽管经过了学者的多次论证,但大部分国家公司法并没有将这一原则贯彻到底。实证研究表明,股权结构与公司业绩并不存在确定的关系。允许公司按实际情况设计股权结构,可能更有利于公司长远发展,但其前提是健全公司治理制度和投资者保护制度。     

Economic development and parental status homogamy: A study of 19th century France

This study investigates the claim that industrialization led to a decrease of parental status homogamy. Contrary to previous research industrialization is not indicated by historical time, nor measured as a macro-development, but instead brides and bridegrooms who are more involved in the industrial labour market are compared with those who are less involved. The theory of preferences, third parties and meeting opportunities is used to derive the hypotheses that young persons (1) with an industrial occupation, (2) who are intergenerationally mobile, and (3) with formal training marry more often outside their parental status group. Hypotheses are tested using the Tra-dataset on France for the period 1803–1899. Brides and bridegrooms working in an industrial occupation and intergenerationally mobile bridegrooms are indeed found to marry less homogamously with respect to parental status.     

BADASSES: The Rise of Women in Criminal Justice

Little is known about the experiences and career trajectories of women working in the criminal justice field. Criminal justice, particularly law enforcement, has historically been largely a male-dominated career field. This study examines the experiences of 850 women working in the criminal justice field; in policing, courts, corrections, victim services, and academia. The present study collected data in 2017 and asked women working in the criminal justice field about their employment. Respondents said that they experienced a wide range of gender discrimination but did not see gender discrimination as a barrier to their success. The women identified personal and professional perseverance, strong mentorship, and family support as contributing factors to their success. Findings highlight the experience and challenges of women working at all levels and in all components of the criminal justice system and the journey of these women at a unique time in the history of criminal justice and evolution of women in the workplace. Implications for criminal justice, advice for current and aspiring women working in the field, and the nature of the experience for women in criminal justice are discussed.     

Condominium and the City: The Rise of Property in Vancouver

Condominium is a form of land ownership that combines private ownership of an individual unit in a multi‐unit building with an undivided share of the common property in the building and a right to participate in the collective governance of the private and common property. Introduced by statute across North America in the 1960s, condominium facilitated the vertical subdivision of land and enabled a massive increase in the density of private interests. This article describes condominium and considers the justifications that were offered for this rearrangement of property. It then chronicles the introduction of condominium to the city of Vancouver and maps its spread across the city from 1970 to 2010. In doing so, the article reveals that condominium, a legal innovation without peer in its capacity to increase the density of private ownership in land, has provided the legal architecture of ownership for the remaking of Vancouver.     

Perceiving Self-Interest: Power,Ideology, and Maintenance of the Status Quo

We explore the perception of self-interest based on the social position of the person making a persuasive argument, and whether the argument challenges peoples representation of the social world. More self-interest is perceived when it is made on behalf of a small rather than a large group (Experiment 1), comes from a low status rather than a high status group (Experiment 2), and when it benefits an outgroup more than an ingroup (Experiment 3). We show that attempting to change the political status quo, no matter whose interests it may serve, leads to perceptions of self-interest (Experiment 4). We discuss these findings in terms of beliefs, social ideologies, and attitudes, and argue that perceptions of self-interest are often a marker of the defense of the status quo from perceived threats.