The Power to Bequeath

What should happen to a property holding after the death of its owner? One conventional answer to this question is that the owner can legitimately designate the beneficiary of a posthumous transfer through a written will. Yet this aspect of property ownership has received little in the way of philosophical attention or moral justification. Philosophers tend either to accept bequest as a conventional feature of property ownership or reject its legitimacy on egalitarian grounds. Dissatisfied by both approaches, this paper: (i) provides a conceptual individuation of bequest, drawing a distinction between it and other sorts of property transfer, such as inheritance; (ii) shows how the canonical, historical accounts of private property ownership have failed to justify bequest; (iii) outlines what any plausible justification of bequest will require, which I argue is an account of the posthumous interests such transfers serve; and (iv) concludes by briefly sketching the normative relevance of my justificatory account of the power to bequeath.     

The road to accreditation

The formation and initial efforts of the Academy of Criminal Justice Sciences Accreditation and Standards Committee are described. The rationale for the accreditation guidelines adopted by the Academy is explained. Further efforts of the Committee to achieve the goal of the designation of the Academy as the accreditation agency for postsecondary criminal justice education programs are set forth.     

宪法解释权和适用权是实现宪法监督的关系——英美法系司法审查权的启示

英美法系国家的宪法监督权,通常由普通法院和专门机关来行使,这些机关均享有宪法解释权和适用权,宪法监督主体享有宪法解释和适用权是行使宪法监督权的关键和保证。     

The right to choose to die with dignity

Advances in medical science have done much to improve the quality of life but in some cases medical treatment may result in the prolonging of death rather than the enhancement of life. Patients may wish to refuse or withdraw from medical treatment even though they realise that this will lead to an early death. Medical attendants may, however, see it as their legal or ethical duty to impose medical treatment in the interest of preserving life. At a broad level two crucial interests come into headlong conflict--the patient's right to self-determination and society's interest in the preservation of human life. In this article the legal principles which are invoked to resolve this conflict both at common law and under recent Victorian legislation, the Medical Treatment Act 1988, are discussed and the thesis advanced that, in relation to competent patients, the law favours the right to self-determination.     

抗辩权的法官释明问题

引言:关于法官对抗辩权之释明的三个命题 在全球司法改革的潮流推动下,我国民事程序法学界积极借鉴大陆法系的法官释明制度,对我国构建辩论主义诉讼模式、营造和谐的诉讼氛围无疑具有积极的作用.     

试论诱惑侦查

现代社会在各种高度的隐蔽性、组织性、复杂化以及高超的反侦查手段等无被害人犯罪日益增多的情况下,对传统的侦查方法提出了巨大的挑战。诱惑侦查作为一种特殊的侦查方法以对付那些使用传统的侦查手段已无法或难以侦破的犯罪案件,其作用显得尤为突出。本文试从诱惑侦查的有关问题出发,对其进行分析。     

试论行医权

执业医师的根本权益是行医权 ,而行医权一般应包括获知病情权、诊疗方案决定权、处方权、取得受益权、强制缔约权、病史资料使用权和过失豁免权等 7大权能 ,行医权具有主体资格法定、职责权限法定和以行业管理为主的法律特征