法学是一门科学吗?(上)

一、国家立法的实证性与暂时性 在各种科学中,或许没有任何一种和法学一样,人们在表面上似乎可以否定其科学性质,而通过其所经常采用的运作方式,是否也正好[1]可以证立上述判断?[2]让我们先撇开法哲学与法律史不谈,而转向法学当中能够彰显出绝大多数法学家知识与能力之真正领域的那个[3]部分--实证的法学,或者说法教义学--也就是关于在某个国家有效的实证法的学说.     

Regulating (for the benefit of) future persons: a different perspective on the FDA's jurisdiction to regulate human reproductive cloning

The Food and Drug Administration (FDA) has taken the position that human reproductive cloning falls within its regulatory jurisdiction. This position has been subject to criticism on both procedural and substantive grounds. Some have contended that the FDA has failed to follow administrative law principles in asserting its jurisdiction, while others claim the FDA is ill suited to the task of addressing the ethical and social implications of human cloning. This Article argues, that, notwithstanding these criticisms, the FDA could plausibly assert jurisdiction over human cloning as a form of human gene therapy, an area in which the FDA is already regarded as having primary regulatory authority. Such an assertion would require that the FDA's jurisdiction extend to products affecting future persons, i.e., those not yet born. This Article demonstrates, for the first time, that such jurisdiction was implicit in the enactment of the 1962 Kefauver-Harris Amendments to the Federal Food, Drug, and Cosmetic Act and that the FDA has historically relied on such authority in promulgating regulations for drugs and devices.     

调解的重构(上)——以法院调解的改革为重点

调解作为中国自古就存在的一种纠纷解决方式 ,甚至是社会治理的一种制度性或体制性存在 ,在现代仍然有着极为重要的意义。本文采取一种综合各种功能的多元价值论 ,主张客观地认识调解的各种功能和价值。同时 ,力图通过对于以法院调解改革为重点获取的实证资料的分析 ,提出一种有关我国调解的功能和价值的建设性的意见或理论框架 ,实现一种对于调解的重构 ,以使其获得现代转型和重生。     

Polish Stabilization: What can we learn from the I(2) Cointegration Analysis?

This paper investigates an array of nominal systems for the Polish economy, of domestic price level, import prices, exchange rates, money stock, nominal wages, and real output, and conducts I(1) and I(2) cointegration analyses. Post-stabilization monthly data are used, 1991:5-1999:12. A test for the presence of a price-wage spiral is performed, and the stabilization package is compared to its realization. The long-run homogeneity hypothesis, the impact of monetary and incomes policies, and of external sector variables on long and medium run price development are studied. It is found that in Poland, contrary to some earlier studies, the external sector is not important for the long run price development. On the contrary, very strong evidence is found of the cost-push inflation.     

A Detailed Cost Evaluation of a Juvenile Drug Court that Follows the Juvenile Drug Court Model (16 Strategies)

Although juvenile drug courts (JDCs) have now been in operation for 17 years, there is still no definitive appraisal as to this model's cost effectiveness and in particular, no detailed cost analysis of a JDC program following the 16 strategies until this one. The cost data presented in this paper build on the process and outcome evaluations performed on the Clackamas County Juvenile Drug Court (CCJDC). The criminal justice costs incurred by participants in drug court are compared with the costs incurred by eligible non‐participants. CCJDC participants had far more positive outcomes than those who did not participate in the program. In the two years after drug court entry, CCJDC participants cost the taxpayers $961 less per participant than similar individuals who did not attend the drug court program.     

The Police Officer Perception Project (POPP): An experimental evaluation of factors that impact perceptions of the police

Objectives

To experimentally evaluate the effects of attire and patrol strategy esthetics on participants’ perceptions of police officers.

Methods

Using a rigorously controlled experimental methodology, I present participants (N = 307) with images of police officers in different attire (i.e., uniform and civilian) and patrol strategies (i.e., on a bicycle, on foot, and in a vehicle) and measure their perceptions of these officers as aggressive, approachable, friendly, respectful, and accountable.

Results

Participants express relatively positive perceptions of the police; however, their perceptions vary as a function of sociodemographics, attire, and patrol strategy. Police officers are generally perceived more favorably when presented in police uniform than when presented in civilian clothing. Police officers are also generally perceived more favorably when presented on a bicycle and/or on foot than when presented in a vehicle.

Conclusions

Merely observing police officers in different attire and patrol capacities produces substantial variation in perceptions of those officers. Given that most ‘police interaction’ occurs in relatively unceremonious settings without any exchange of formal dialogue between the public and the police (e.g., observing a police officer in passing), these findings are particularly fruitful for informing both research and practice. This is the first known study to use an experimental methodology to examine how esthetic factors of different patrol strategies can impact perceptions of the police.

     

Euthanasia: why it doesn't matter (much) what the doctor thinks and why there is no suggestion that doctors should have a duty to kill

A major reason that The Netherlands has taken a different approach to the rest of the world on such a fundamental moral issue is that the courts and legislature in that country have accorded the interests of doctors a cardinal role in the euthanasia debate. This article argues that the interests of doctors are of only incidental and peripheral relevance in relation to the moral status of euthanasia. The moral status of euthanasia has little to do with the preparedness of doctors to administer the lethal injection or their general attitude towards the practice. Euthanasia is principally about the interests of the patient and the impact that the practice may have on the community in general, not preserving the conscience or improving the working life of doctors.     

(In)Efficiency of matching: the case of a post-transition economy

The aim of this paper is twofold. First, we provide estimates of the evolution in matching efficiencies in Poland, demonstrating decrease in estimated efficiency scores. These trends are accompanied by decreasing outputs in the matching function, as well as the lowering of the elasticities. Second, we relate the estimated efficiency scores to the use of active labour market measures. We find that job brokering intensity is conducive to matching efficiency, but active labour market policies coverage in general is not.     

Facial soft tissue depths in craniofacial identification (part I): An analytical review of the published adult data

With the ever increasing production of average soft tissue depth studies, data are becoming increasingly complex, less standardized, and more unwieldy. So far, no overarching review has been attempted to determine: the validity of continued data collection; the usefulness of the existing data subcategorizations; or if a synthesis is possible to produce a manageable soft tissue depth library. While a principal components analysis would provide the best foundation for such an assessment, this type of investigation is not currently possible because of a lack of easily accessible raw data (first, many studies are narrow; second, raw data are infrequently published and/or stored and are not always shared by some authors). This paper provides an alternate means of investigation using an hierarchical approach to review and compare the effects of single variables on published mean values for adults whilst acknowledging measurement errors and within-group variation. The results revealed: (i) no clear secular trends at frequently investigated landmarks; (ii) wide variation in soft tissue depth measures between different measurement techniques irrespective of whether living persons or cadavers were considered; (iii) no clear clustering of non-Caucasoid data far from the Caucasoid means; and (iv) minor differences between males and females. Consequently, the data were pooled across studies using weighted means and standard deviations to cancel out random and opposing study-specific errors, and to produce a single soft tissue depth table with increased sample sizes (e.g., 6786 individuals at pogonion).     

Southern African contradictions: Part I,the role of U.S. based multinational corporations (MNCs)

Summary This is the first of two articles which seek to explain how the distorted growth of South Africa has enabled it to dominate and underdevelop the entire southern African region while itself becoming increasingly dependent externally on Western multinational corporations. A simple model provides the theoretical framework for this analysis. A brief historial sketch of the handful of powerful mining finance houses, led by the Anglo American Group involving U.S. and British interests, have joined the racist South African Government to build state capitalism and coerce the black Africn majority to work for less than subsistence wages. In this context, the largest U.S. multinational corporations, many of them linked through their boards of directors and financial ties to each other and high U.S. officials, play an increasingly critical role in providing sorely-needed capital and advanced technology to strengthen South Africa's industrial complex. At the same time, U.S. interests are attempting to influence the South African black trade union movement to acquiesce to the basic structure of the resulting exploitative political economy.The second article will outline the way South African and multinational corporate interests have penetrated the political economies of neighboring countries to obtain low-cost labor, raw materials, and markets for their expanding output of manufactured goods.