法律何不善待美德?——袁厉害收养违法引热议的冷思考

贪婪、自私、少德和互害的人性想象,是公民“袁厉害”遭受恶意推测的一个观念基础,也是产生美德与法律互相伤害的人性根源.注重扬善、以培育美德为根本目标的古代法律,倒逼现代法律不应只专注抑恶,放弃甚至苛待美德,而应善待维系和支撑社会团结进步的美德,承担抑恶扬善的整全使命.     

Finding the Right Support: One Size Doesn't Fit All

Support for families in the context of separation and divorce has evolved significantly over the last 30 years in the UK. There is growing acceptance that “one size doesn't fit all”—families need different support at different times, and often a combination of services. Relationships Scotland, a network of 21 Member Services, is able to customize and integrate support to meet the needs of each particular family at any stage of relationship difficulty. This article describes the impact of tailored support for one family, as an example of the potential benefit of community‐based, integrated, and flexible support provision.     

司法独立:为什么

本文试图在理论上系统回答司法独立的理论渊源。认为司法独立是由三方面原因所引起的:一是司法对社会起作用的方式;二是司法在现代宪政秩序的结构性关系中所扮演的角色;三是司法的根本价值即保护人的基本权利。在根本上,司法独立还是现代国家发展起来的司法中立性和自主性的必然要求。     

Promoting awareness and prevention of child sexual victimization using the Red Flag/Green Flag program: An evaluation with follow-up

This study describes an evaluation of a school-based sexual abuse awareness and prevention program that featured the “Red Flag/Green Flag People” coloring book and included presentation of a film (“Better Safe than Sorry II”) and discussion of hypothetical and actual experiences involving inappropriate physical touching. Children, parents, and teachers from two experimental schools participated in the program and were compared to similar groups from a control school. Outcomes were evaluated using pre-post (2-month) assessment questionnaires. Among the findings obtained, experimental group children reported learning more about the differences between good and bad touching, and being more likely to both report instances of sexual victimization and utilize program-specific preventive skills, relative to controls. Parents exposed to program materials acknowledged greater improvements in knowledge about program goals and more positive communication at home about abuse. Although no significant differences were obtained for teachers, the ratings for one experimental group were consistently higher than those of the other groups. Staff volunteers evaluated the program as overwhelmingly positive and without adverse effects. Still, some children from all groups reported being touched inappropriately. Some of these improvements were also noted for the experimental group at 6-month follow-up assessment. The findings were discussed in the context of conceptual, clinical, training, and empirical considerations.     

Classroom training in sexual victimization awareness and prevention skills: An extension of the Red Flag/Green Flag people program

This study is an extension of a previous evaluation of a program (Red Flag/Green Flag) in which children, parents, and teachers were exposed to a workbook and film designed to teach personal safety strategies for preventing sexual victimization or encouraging adult assistance through disclosure of such incidents. In the current investigation, only children and their teachers received this didactic training program. Children and teachers from neighboring schools were assigned to a Training or Control group. Self-reports from children, teachers, and parents, as well as guidance counselor incident reports, were obtained to evaluate outcome. Results indicated greater gains in general knowledge and prevention skills at post-training and 6-month follow-up for trained than control children. Some improvements were made by trained teachers and parents of trained children. Child reports of personal experiences and guidance counselor incident reports were in accord with the assistance component of the program. However, the pattern of reports across sources is difficult to interpret. The findings are discussed in light of salient issues regarding the content of training, child disclosure, and methodology.     

爱国主义与以人为本———“国家 个人本位”法律价值观的现代诠释

单向“集体本位”是中国传统文化也是中国传统法的价值观。它经历了家族本位、国家本位、国家与家族本位、国家与社会本位、阶级本位等发展阶段。改革开放以来,伴随着社会主义市场经济、社会主义民主政治建设特别是法律文化建设的深入进行,在社会意识形态领域逐渐形成了以爱国主义和以人为本为标志的社会主义核心价值观。这种社会主义核心价值观为社会主义法律价值观———“国家·个人本位”的酝酿和形成创造了前提。双向的“国家·个人本位”法律价值观标志着现代中国法律文化建设的价值方向。     

Patriotism and People-First Values:Modern Explanation to Legal Values of “Nation-Individual”

单向“集体本位”是中国传统文化也是中国传统法的价值观.它经历了家族本位、国家本位、国家与家族本位、国家与社会本位、阶级本位等发展阶段.改革开放以来,伴随着社会主义市场经济、社会主义民主政治建设特别是法律文化建设的深入进行,在社会意识形态领域逐渐形成了以爱国主义和以人为本为标志的社会主义核心价值观.这种社会主义核心价值观为社会主义法律价值观——“国家·个人本位”的酝酿和形成创造了前提.双向的“国家·个人本位”法律价值观标志着现代中国法律文化建设的价值方向.     

The Human Transplantation (Wales) Act 2013: an Act of Encouragement,not Enforcement

The Human Transplantation (Wales) Act became law in Wales in September 2013. The Act aims to increase deceased donor organ and tissue donation in Wales by introducing a ‘soft opt‐out’ system to replace the previous requirement of express ‘appropriate’ consent under the Human Tissue Act 2004. Adults dying in Wales (with certain exceptions) will be ‘deemed’ to consent to donation, unless evidence of their objection is produced, and a duty is imposed on Ministers to promote transplantation and inform the public through awareness campaigns about how to choose the deemed status or opt out. Although a welcome development, these campaigns may obscure the effects of deemed consent, especially in the context of generally rising UK donation rates. There may also be problems of legal interpretation and of integration with the ‘opt‐in’ laws in the rest of the UK. In the absence of any statutory duty to retrieve all lawfully donated organs, the apparently restricted influence of donor relatives is likely to remain effectively dominant.     

Advances in Critical Cultural Criminology: An Analysis of Reactions to Avant-Garde Flag Art

As a popular motif in American art, images ofthe United States flag remind citizens of the importanceof culture in promoting patriotism. Still, theprevailing aesthetic commands a dignifiedrepresentation of the Stars and Stripes,shunning political criticism and disrespect forthe nation's most cherished emblem. Amid thecontroversy over flag burning in 1989, artistDread Scott unveiled his work What is theProper Way to Display the U.S. Flag? at theSchool of the Art Institute of Chicago. In thatpiece, the U.S. flag was placed on the floor ofthe gallery, inciting enormous public outrage.As a form of interactive art, Scott invitedvisitors to record their thoughts about theflag in a ledger book furnished at the exhibit.More than 1,600 messages were transcribed inthe ledger book, thus becoming an intriguingsource of unobtrusive data. This researchexplores societal reaction to Scott's artworkthrough a content analysis of the entriescontained in the ledger book. Whileinterpreting prominent themes framing theconflict over flag desecration, this workcontributes to a critical cultural criminology.In particular, the analysis brings to theforefront the significance of power,hierarchies, and social inequality drivingcriminalization campaigns aimed at controllingavant-garde flag art and political dissent.     

False Profits: Why Product Counterfeiting is Increasing

Product counterfeiting has grown in scope, scale and complexity in the last two decades, and now affects many areas of manufacturing and retailing from clothes and CDs to items such as shampoo and vehicle components. Based on a wide range of interviews in the UK, this article argues that despite recent legislative change and increased criminal penalties for counterfeiters, enforcement is haphazard, resource problems often dictate that no criminal prosecution is undertaken, and actual penalties remain low. Moreover, questions of whether or not a particular item is counterfeit have become greatly complicated by the development of outsourcing and the rise of parallel trading. These points suggest that counterfeiting is likely to grow in the future.     

Suite violence: Why managers muder and corporations kill

This paper examines the area of organizational deviance leading to avoidable death, injury and harm. Corporate activity creates a large number of victims and yet this area is neglected in the literature. Evidence indicates that business kills, maims and poisons; that we are dealing with organizational deviance; but that iy is difficult, legally and organizationally, to pin down precisely the motives and behhaviour of managers in suchh cases. Significant corporate violence is rooted in a multiplicity of situational factors, the embeddness of socio-economic activity and post-hoc rationalizations. The paper highlights one specific strand in business deviance; how structure and culture shape the managerial mind and influence behaviour in ways that foster deviance and cause harm. A range of social-psychological processes are examined that open opportunities, and rationalizations, for rule-breaking. Corporations can create and environment that leads to risk-taking, and even recklessness, resulting in high casualties and severe harm. Companies then get away with ``murder' because the law and the courts are not geared to organizational deviance and corporate violence. The organization causes the deviance and then forms the legal and institutional defence against facing up to the full consequences of the deaths, injuries and suffering among victims.     

Resolving Deadlock: Why International Organisations Introduce Soft Law

Abstract:  Since the mid-1990s the European Union has introduced a number of policy coordination processes that abstain from delegating or pooling sovereignty. Instead the EU relies on soft law that does not legally bind governments in the same way as the Community Method used to. The literature assumes that soft law is chosen to achieve common objectives given considerable diversity among the Member States. In contrast, this paper suggests that non-binding coordination is first and foremost a means to foster compromises in the absence of substantial agreements. Three case studies demonstrate that international organisations have repeatedly relied on soft law to overcome disagreements among their members. The IMF, the OECD, and the EU introduced soft coordination at times of institutional crisis to prevent a breakdown of negotiations.     

Cumulative impact: Why prison sentences have increased*

Why has the probability of going to prison after a felony conviction increased since the early 1980s? Social scientists often try to answer this question through macro‐level research that is aimed at examining correlations between prison admissions and crime rates or sociopolitical characteristics of states. That type of macro‐level inquiry, however, does not allow for a close examination of how characteristics of offenders changed over time, and whether such changes are consequential for understanding trends in the use of imprisonment. In the current study, I take a different approach—one in which case‐level data are observed over a lengthy time span—to investigate why the likelihood of going to prison for a given crime persistently increased for several decades. The results of analyses of more than 350,000 felony cases sentenced in Minnesota during a 33‐year period show that the probability of a defendant receiving a prison sentence increased from 1981 to 2013, as would be expected. The primary reason for the rising probability of imprisonment was the significant increase in the average offender's criminal record, which more than doubled during the observation period.     

Flag desecration in American culture: Offenses against civil religion and a consecrated symbol of nationalism

Adoration for the United States flag is emblematic of American nationalism and patriotism. Moreover, in extreme forms, its rigid orthodoxy also reflects civil religion — a non-sectarian faith in which secular objects are transformed into sacred icons. Ostensibly, elements of civil religion imbue reverence for the flag, and although the recent flag protection campaign has caught the attention of intellectuals from various academic disciplines, sociologists are conspicuously absent from such discourse. In light of its relevance to civil religion, the dearth of sociological analysis on flag desecration is especially disconcerting. This article offers several theoretical explanations for the social construction of flag desecration and its sociological significance to civil religion.