John Gardner,in memoriam

Criminal Law and Philosophy -     

《麦考密克论证据》

奥地利小说家F.卡夫卡先生(FranzKafka)有一句名言：“一本书,如果我们读了没有感到额头被击了一猛掌,那么我们读它干什么呢?”摆在读者面前的这本《麦考密克论证据》就有如此之效果：该书通过对英美证据法丝丝入扣、环环相连的细细演绎,不但令阅读者时不时有“脑震荡”的感     

Ethics in Criminal Justice: John Dewey Revisited

John Dewey has much to say to contemporary criminal justice educational strategies, particularly in respect to broadening the curriculum to include exposure to the humanities, values exploration, and moral decision-making. The case study method, coupled with Socratic teaching use of varied materials from the humanities, can approach an optimal learning experience within the Dewayan model. This educational model is offered in response to the calls for sensitive, holistic criminal justice practitioners in the modern age.     

The Brave New World of Sir John Laws

This article considers the political philosophy of Lord Justice Sir John Laws who, in a series of articles, developed a theory of the UK constitution based on Kant's principle of the sovereign autonomy of the individual. The author points to the dangers of entrusting the judiciary with too much power at the expense of the democratic process.     

The healing philosopher: John Locke's medical ethics

This article examines a heretofore unexplored facet of John Locke's philosophy. Locke was a medical doctor and he also wrote about medical issues that are controversial today. Despite this, Locke's medical ethics has yet to be studied. An analysis of Locke's education and his teachers and colleagues in the medical profession, of the 17th century Hippocratic Oath, and of the reaction to the last recorded outbreak of the bubonic plague in London, shines some light on the subject of Locke's medical ethics. The study of Locke's medical ethics confirms that he was a deontologist who opposed all suicide and abortion through much of pregnancy.     

从约翰·李尔本案透视英国诉讼制度之演进

英国资产阶级革命爆发前夕的李尔本案，作为英国从中世纪向近代转型时期的典型案例，它比较全面地反映了英国诉讼制度中沉默权制度、对抗制和陪审制度的演进过程，折射出了英国诉讼法制现代化的模式——经验主义、途径——历史继承基础上的创新、价值意义——通过程序正义实现实体正义，限制权力，推动法制和社会现代化。     

Adapting the Modern Law Novel: Filming John Grisham

The essay looks at the process of adaptation of fiction to film. It seeks to build on earlier work which suggested that this process required to be examined in the political and social context within which the adaptation occurred. It focuses on the work of John Grisham and notes how the fiction of Grisham can be divided into thrillers and social issues novels. These in their turn have been turned into films in which, in the process of adaptation, their themes have become both sharper and more focused. They have also in this process become less critical of the social and political structures within which Grisham's fictional protagonists operate. The essay seeks to provide an explanation for this paradox which relates to the fore-mentioned notion of contextual adaptation.