感受儒雅——献给导师李步云教授

近两年来,整个中国社会谈论的最多的一个话题是有关“诚信”的问题。诚信的缺失使得人们倍感诚信的可贵。于是,呼唤诚信,要求诚信,赞美诚信,成为去年下半年至今年以来我们中国社会出现频率极高的一个“主体社会话语”。那么,在我们的学术界,或者再窄一点,在我们的法学界,最缺失的是什么呢?当然,我们可以罗列很多。诸如学术界较为注目的学术剽窃、抄袭之事。但愚以为,我们最缺失的是传统的中国读书     

Justice as freedom,fairness, compassion,and utilitarianism: How my life experiences shaped my views of justice

This essay lays out my definition of justice and traces the origins of its conception. I identify and discuss very specific life experiences and how they have affected my understanding of justice. Specific incidents include early childhood experiences, key events in adolescence, and the most important episodes from early adulthood. I examine my own family conditions and early relationships and consider the influences of certain television shows and music in childhood and adolescence. I also discuss the effects of various educational experiences. The culmination of these life experiences was the emergence of a very strong sense of justice, reciprocity, and compassion for others, particularly for the least powerful and most vulnerable in our midst. These experiences in essence pushed me into the field of criminal justice and into the worlds of academia and social justice activism. They also allowed me finally to see my mission in life and to understand how all my life experiences have shaped my sense of justice.     

You're not going to stop my work, mate

This case highlights potential problems associated with theenforceability of restrictive covenants, and highlights theneed for well-crafted and realistic covenants.     

疫情期间 我的工资谁做主

近期,为做好新型冠状病毒感染的肺炎(以下称"新冠肺炎")疫情防控工作,妥善处理好疫情防控期间劳动关系问题,维护职工合法权益,保障企业正常生产经营秩序,促进劳动关系和谐稳定,各级政府部门密集出台一系列通知、文件,并引发企业的高度关注。本文依据相关法律、法规的规定,总结前述通知、文件的重点内容,以北京市为例,就新冠肺炎疫情防控期间企业劳动关系管理相关问题进行提示与分析。     

加入WTO后政府机制创新之我见

随着我国加入WTO的临近,创新政府机制变得日益迫切,而目前我国的政府机制尤其在组织形式和机构、管理手段、管理职能、政策法规、政企关系等方面与WTO规则存在一定的不适应性.因此,我们要加速政府机制创新,主要包括优化政府组织结构、调整政府管理手段、转变政府管理职能、理顺政府政策、完善政府投资环境等,以推动我国经济良性地步入世界经济循环.     

Responding to my interlocutors: a subject in the making...

In this response to Ronnie Lippens’ and Erik Claes’ critiques of a paper entitled ‘The Lore of Criminal accusation,’ Pavlich notes the ways in which his work might be compared to, yet differentiated from, abolitionist approaches to crime. Working through Lippens’ comments, he notes a possible way to understand the analysis and politics of crime (through accusation). Pavlich challenges Claes’ optimistic hypostatization of ‘criminal law’, idiosyncratic understandings of deconstruction and refocuses attention on the centrality of accusation to creating criminal subjects.     

改革开放改变了我的人生轨迹——亲历知识产权教育的美好回忆

1978年12月,党的十一届三中全会确立了改革开放的国策,这不仅使我国从此走上了国强民富、政治民主的道路,也改变了我的人生轨迹,使我由一名北大物理系教师转变成为知识产权法律的教学研究人员。在这改革开放的三十年,我的后半生亲历了中国知识产权制度的建立、发展和完善,值得     

商业受贿罪客观要件之我见

商业受贿罪的客观构成要件是一个颇具争议的问题。从国外立法和我国实际出发,在商业受贿罪客观构成要件中,“利用职务上的便利”既包括直接利用和间接利用,也包括利用过去职务之便和利用将来的职务之便;不应取消“为他人谋取利益”构成要素;“贿赂”应当包括财产性和非财产性利益。     

Writing Workshops for First Year Law: my contribution as an applied linguist

“Law schools should focus more on teaching writing – not some Procrustean monstrosity called ‘legal writing,’ but the ordinary techniques of constructing a sentence and telling a story” writes Roosevelt in his review of Divergent Paths: The Academy and the Judiciary by Posner. The Australian Threshold Learning Outcome expects law graduates to be effective, appropriate and persuasive as communicators when interacting with both legal and non-legal persons. We also know that embedding learning outcomes or graduate attributes throughout a programme encourages progressive learning. Furthermore, the whole of degree curriculum design undertaken from a shared perspective reflects industry and student requirements better than individual subjects can. In the absence of any whole of degree curriculum, the semester-long series of Writing Workshops for First Year Law (WWFYL) was created. Building on the success of past collaboration (Curró and Longo), WWFYL reflect a move away from a solitary, silent teaching culture to open sharing of practice. The widening participation and skills agendas remind us of the need to focus on the integration of academic literacies into law. If law is language, can applied linguistics make a contribution to the literacy needs of students from diverse linguistic backgrounds? As an applied linguist, my objective is to raise awareness of the elements and features of legal writing and demystify the specialised discourse and textual features. In this paper I present my theoretical framework borrowed from socio-constructivist theories, focusing on how students learn specific subject matter in particular contexts: “a teaching and learning process that makes transparent the practices and discourses of the subject area” (D. Warren, “Curriculum Design in a Context of Widening Participation in Higher Education” (2002) 1 Arts and Humanities in Higher Education 85, p. 88). Two snapshots of my classroom discourse demonstrating the practical application of my teaching are presented, as well as evaluation data supporting my approach.     

Say it to my face: Examining the effects of socially encountered misinformation

Objectives. Errors in eyewitness accounts can occur when a witness comes into contact with post‐event ‘misinformation’. A common way to encounter misinformation is through face‐to‐face interaction, in particular, via conversation with other individuals who also witnessed the crime. The current research compares this kind of misinformation with the non‐social post‐event narrative method typically employed in laboratory studies. Method. Young (17–33 years) and older (58–80 years) adults viewed a simulated crime event on video and were later exposed to four items of misinformation about it. The misinformation items were either introduced as part of a discussion about the event with a confederate or were embedded within a written narrative about the event that participants were asked to read. A questionnaire containing 20 items about the event was given to participants before and after the experimental manipulation. Results. Participants were less accurate than controls on questionnaire items after encountering misinformation. More importantly, misinformation encountered socially was significantly more misleading than misinformation from a non‐social source. This was true for both young and older adults. Conclusion. Misinformation encountered socially produced more errors than misinformation from a non‐social source. This finding has implications both for applied (forensic) and theoretical understanding of eyewitness memory.