Arson for revenge: The role of environmental situation,age, sex,and race

Research on arson and its many motivations continues to be absent from the criminological literature. Although some authorities cite revenge or retaliation as the primary motive for arson in certain areas of our central cities, revenge arson has not been systematically addressed. The research presented here explores whether demographic variables (age, race, and sex) along with the environmental character of the offender's place of residence adequately determine the likelihood that offenders will commit arson for revenge. The analysis not only indicates that important age and racial differences affect the likelihood that individuals will use fire as a weapon of retaliation but also reveals that the environmental situation or character of the offender's place of residence appears to condition the relationship of both age and race with retaliation.     

Truman's revenge: Social control and corporate crime

Many criminologists have found that corporate crime does more harm than street crime, whether measured by property lost, money stolen, or lives taken. Yet, public concern about crime is almost exclusively focused on street crime and “just deserts” for the offender. The authors argue that corporate criminality is more likely than individual criminality to be planned and subjected to cost/benefit analysis than street crime and therefore more likely to be deterred by raising the costs of corporate criminality. The Model Penal Code is used to demonstrate that both individual and corporate crime produce a comparable array of avoidable harms. Public policies that demand just deserts for individual offenders (natural persons) are revealed as highly inconsistent with policies that protect corporations (juristic persons) from accountability for the harms they create. A philosophical and legal foundation for corporate crime control strategies is provided. The authors propose a sanctions regime for corporate criminals comparable to the sanctions regime imposed on natural persons for street crimes. Strategies to avoid risk shifting by corporations are suggested. This revised version was published online in July 2006 with corrections to the Cover Date.     

Seeing Law: The Comic,Icon and the Image in Law and Justice

This special issue examines how the comic and the icon prefigure forms of legality that are different to modern law. There is a primal seeing of law unmediated by reading, writing or possibly thinking. This introduction identifies the primacy of the eye, the emergence of visual jurisprudence and the transformations of law as a paper-based material practice to a digitally enabled activity.     

The Boycott of the Law and the Law of the Boycott: Law, Labour, and Politics in British Columbia

This article uses a critical theoryllegal mobilization perspective to study the 1987–92 trade union boycott of the British Columbia labour law. The problems encountered establishing a total boycott–one that would eschew all contact with the state–and the subsequent modification of the parameters of the boycott through a selective reliance on the law offer an important case from which to learn more about the role of law and legal rights in highly regulated organizations and how collectives mobilize the law. The author argues that legal rights are important to unions because of their ability to mediate the complexity of labour relations through a decentralization of authority. At the same time, mobilization of the law for this purpose accentuates localized identities and unequal resources that operate in tension with a boycott ethos, necessitating a deliberative politics to legitimize the law. By exploring the tension between these two forms of mobilization around law–one to reduce complexity, another to legitimize broad collective norms–the author analyzes and draws some conclusions about the reproduction of social unionism in British Columbia.     

Feelings of revenge, retaliation motive, and posttraumatic stress reactions in crime victims

Individuals with posttraumatic stress disorder (PTSD) are often said to experience strong feelings of revenge. However, there is a need for confirmatory empirical studies. Therefore, in a study of 174 victims of violent crimes, the relation between feelings of revenge and posttraumatic stress reactions was investigated. Feelings of revenge were correlated with intrusion and hyperarousal but not with avoidance. Feelings of revenge explained incremental variance of intrusion and hyperarousal when the variance explained by victimological variables was controlled. The retaliation motive implied in feelings of revenge did not account for the relation between feelings of revenge and posttraumatic stress reactions. However, the relation was moderated by the time since victimization. Therefore, feelings of revenge must presumably be regarded as a maladaptive coping reaction to experienced injustice, but not in the first period after victimization.     

Law and Market Economy: The Triadic Linking of Law,Economics, and Semiotics

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

假结婚、假离婚与错结婚的认定和处理

婚姻法只规定了四种法定无效情形和一种可撤销婚姻。对于假结婚、假离婚与错结婚争睛形如何认定和处理，没有法律规定，实践中往往适用民法总则无效民事效力行为的规定，将其认定为无效婚姻。这是错误的，婚姻有效与无效有其独立的评判规则，不能适用适用民法总则。因而，假结婚、假离婚与错结婚一般不能认定其行为无效。     

鉴定结论的法庭质证与审查判断

鉴定结论作为法定证据之一 ,在人民法院的审判活动中 ,发挥了其他证据不可替代的作用。但是 ,许多审判人员有把鉴定结论的证据效力绝对化的倾向 ,不经法庭质证或草率质证而一律采信 ,造成了一些案件的错误裁判 ,有悖司法公正。本文针对在鉴定结论法庭质证、审查判断方面的一些模糊认识和错误做法 ,依据证据学理论和现行法律规定 ,说明鉴定结论法庭质证的必要性、法庭质证的步骤、方法和审查判断要点。旨在正确认识鉴定结论的本质特征 ,充分发挥其证据作用。保证技术型案件的公正裁判。一、鉴定结论双重属性决定鉴定结论存在失真的可能性司法…     

鉴定结论的法庭质证与审查判断

鉴定结论作为法定证据之一，在人民法院的审判活动中，发挥了其他证据不可替代的作用。但是，许多审判人员有把鉴定结论的证据效力绝对化的倾向，不经法庭质证或草率质证而一律采信，造成了一些案件的错误裁判，有悖司法公正。本文针对在鉴定结论法庭质证、审查判断方面的一些模糊认识和错误做法，依据证据学理论和现行法律规定，说明鉴定结论法庭质证的必要性、法庭质证的步骤、方法和审查判断要点。旨在正确认识鉴定结论的本质特征，充分发挥其证据作用。保证技术型案件的公正裁判。     

Dangerous information: product tampering and poisoning advice in revenge and murder manuals

This paper reviews 18 publications that advocate the use of product tampering and other poisoning methods as techniques for exacting revenge against individuals and corporations, as methods of committing murder, and for other criminal purposes. Several of the particular techniques recommended in these publications subsequently have been used in criminal tampering incidents. The published sources of technical guidance for the would-be tamperer and poisoner are examined in detail to alert forensic scientists, law enforcement authorities, and the food and drug industry to the particular techniques that are being advocated. Possible criminal and civil liability of the publishers and authors is discussed. The author suggests that food and drug retailers consider the wisdom of selling magazines that advertise the availability of revenge and murder manuals advocating product tampering and poisoning, that food and drug manufacturers test the effects on their products of the contaminants that are being recommended, and that investigators be alert to the existence of such manuals and mail-order suppliers of poisons.     

证据法、诉讼法和实体法的关系？

我昨天给大家概述了证据法的许多基础性问题,这些问题是构建一部理性证据法所需考虑和安置的问题。今天,我将通过对证据法、诉讼法与实体法之间关系的考察,对昨天简要触及的一些问题做深入讲解。     

证据法、诉讼法和实体法的关系?

我昨天给大家概述了证据法的许多基础性问题,这些问题是构建一部理性证据法所需考虑和安置的问题。今天,我将通过对证据法、诉讼法与实体法之间关系的考察,对昨天简要触及的一些问题做深入讲解。     

Youth,violence, and courtship in late-Victorian Birmingham: The case of James Harper and Emily Pimm

Late-Victorian England witnessed a decline in the recorded level of violence. Recent historical scholarship ascribes this fall to the 19th-century “civilising offensive” and suggests that male violence was effectively targeted by legislators and subject to increasingly stringent punishment by the courts. Yet concern with violence persisted. During the 1890s, it was expressed both in the enduring debate on the problem of male violence against women and in the growing anxieties surrounding youth gangs and “hooliganism.” This paper examines a criminal trial, held in Birmingham in 1898, which effectively fused these apparently disparate phenomena. The conviction of a young metal polisher, an alleged gang member, for the manslaughter of his former “sweetheart” aroused considerable comment in the local press. Both gang membership and violence against women were denounced as problems of the Birmingham “slums.” Close inspection of the trial reports suggests that neither the perpetrator nor the victim in this case conformed fully to the stereotypes of the gang member and his “moll” that were applied to them. Yet these stereotypes performed an important ideological function, distancing the problem of violence from the mainstream of civic life and thus preserving the veneer of English civility, whilst masking the persistence of male violence within courtship as well as marriage.     

Youth,violence, and courtship in late-Victorian Birmingham: The case of James Harper and Emily Pimm

Late-Victorian England witnessed a decline in the recorded level of violence. Recent historical scholarship ascribes this fall to the 19th-century “civilising offensive” and suggests that male violence was effectively targeted by legislators and subject to increasingly stringent punishment by the courts. Yet concern with violence persisted. During the 1890s, it was expressed both in the enduring debate on the problem of male violence against women and in the growing anxieties surrounding youth gangs and “hooliganism.” This paper examines a criminal trial, held in Birmingham in 1898, which effectively fused these apparently disparate phenomena. The conviction of a young metal polisher, an alleged gang member, for the manslaughter of his former “sweetheart” aroused considerable comment in the local press. Both gang membership and violence against women were denounced as problems of the Birmingham “slums.” Close inspection of the trial reports suggests that neither the perpetrator nor the victim in this case conformed fully to the stereotypes of the gang member and his “moll” that were applied to them. Yet these stereotypes performed an important ideological function, distancing the problem of violence from the mainstream of civic life and thus preserving the veneer of English civility, whilst masking the persistence of male violence within courtship as well as marriage.     

法律、金融与经济发展:比较法的量化进路及其检讨

一、导言 过去十年来,国际上比较法研究的一个重要发展是统计学与计量分析的应用.以安德烈·施莱弗(Andrei Shileifer)为首的4位美国经济学家(LLSV)合作的一系列论文开创了学界称为"法与金融"(Law and Finance)研究的先河,促成了比较法、金融与经济发展的交叉学科的繁荣,堪称当前经济学界最有影响的学术潮流.[1]