失序与弹压:2011年英国骚乱之诱因与刑事法制的反应

2011年夏发生的英国骚乱具有深刻的社会政治经济、文化与种族背景,是各种反权威、反社会的合力的总体现。其直接导火索是少数族裔与执法部门之间因种族问题而导致的冲突,其后续发展反映了社会政治经济地位被"相对剥夺"了的下层民众与社会权威机构之间的矛盾。同时,骚乱活动又具有相当程度的盲目性、松散性与自发性。为了修补破碎的英国社会,单纯靠监狱、刑罚、警察与军队的暴力解决不了根本问题,因为刑罚的威慑力应该并且实际上是有限的。以这场骚乱为启示,缓解社会矛盾和维护社会稳定,一方面要解决社会贫富不均与不同利益群体之间的矛盾等深层问题,另一方面需要培养社会公众的、守法的、内在的道德抑制机制,提高法律和执政当局的权威和正当性。     

知识产权熵论

熵理论的发展和应用变革了人们的思维方式和价值观念。熵表征序,知识产权制度鼓励着信息负熵的创造。知识产权是基于创造性信息负熵产品依法产生的权利的统称,其对象就是创造性信息负熵产品。可以通过熵思维模式对传统知识产权法哲学进行新的解构。     

The Word: An Essay on Seeing,Owning, and the Sacred

In the classical period of ancient Greece, Logos had a variety ofmeanings, most or all of which connoted one aspect or another ofHeraclitus's conception of the term, ``the rational governing principleof the universe'. The triadic semiotics of Charles Sanders Peircesuggests that, through the linguistic sign, humans construct structuresof meaning, which form the cognitive Worlds in which humans exist, thesubstantive content of consciousness, and which, as such, provide theexplanation for the Cosmos. The three-term Peircean Sign becomestriadic, however, only in conjunction with Peirce's Ground, whichprovides particular substantive values that form the basis ofconstructing the meaningful World. Thus, it is possible, for example, totrace in the heterogeneity of judicial doctrine in United States law thealternative sets of values that are available; the function ofWorld creation proceeds when the Ground is suffused with a particularvalue set. If Logos is conceptualized in terms of these value sets, thenit can be understood in terms of ``the rational governing principle ofthe World.' In this understanding, the substantive content of theGround becomes equated with the Sacred. This conceptualization alsoprovides an alternative way of understanding the opening of the Gospelof John in the Christian Bible and the concept of the Trinity inChristian doctrine in terms of the creative powers of humans through theSign. The fact of this same creative power also provides a way ofunderstanding the strong limitations in ancient Israel on pronouncingthe Tetragrammaton.     

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.     

Seeing Like a City: The Dialectic of Modern and Premodern Ways of Seeing in Urban Governance

Studies of urban governance, as well as the overlapping literature on law and space, have been heavily influenced by critical analyses of how spatial techniques helped constitute modern disciplinary powers and knowledges. The rise of land‐use control and land‐use planning seem at first sight to be perfect examples of the disciplining of populations through space by the kind of governmental gaze dubbed by Scott (1998) as “seeing like a state.” But a detailed genealogical study that puts the emergence of the notion of “land use” in the broader context of urban governance technologies reveals that modernist techniques of land use planning, such as North American zoning, are more flexible, contradictory, and fragile than critical urbanists assume. Legal tools of premodern origin that target nonquantifiable offensiveness and thus construct an embodied and relational form of urban subjectivity keep reappearing in the present day. When cities attempt to govern conflicts about the use of space through objective rules, these rules often undermine themselves in a dialectical process that results in the return to older notions of offensiveness. This article argues that the dialectical process by which modernist “seeing like a state” techniques give way to older ways of seeing (e.g., the logic of nuisance) plays a central role in the epistemologically hybrid approach to governing space that is here called “seeing like a city.”     

‘Seeing’ is believing: Positivist terrology, peacemaking criminology, and the northern ireland peace process

In this essay, the authors seek to draw upon the understanding and critique of positivism within criminological discourse in order to offer one analysis of the British governments’ approach to the Northern Ireland peace process. They argue that this approach has been hampered not just by the political reliance of the John Major government on Ulser Unionist support at Westminster but by a political and ideological approach to the peace process, informed by positivist terrorology, which has lead to an inability to ‘see’ the potential for peace. Offering a brief analysis of one of its leading academic proponents, the authors argue that such a paradigm posits a view of the liberal democratic state as axiomatically legitimate. Politically-motivated violence within such a state is seen as a purely criminal attack upon it, fundamentally inexplicable in terms other than the deviancy of its perpetrators. Thus in this view, politically-motivated violence is only combatable through purely instrumental, technical, and scientific means. By way of contrast to this paradigm, the authors offer an alternative vision, based on the epistemologies of critical and peacemaking criminology which, they argue, offers much greater potential for the prospects of peace in Northern Ireland and similar political conflicts elsewhere. NIACRO     

知识产权中的盗版问题：中美等国的认知与现实

在分析美国对中国知识产权盗版认知存在差距的基础上，阐述了美国对中国知识产权盗版不符合实际情况的指责。重点从电影盗版给MPA会员公司造成的收入损失及其人均值、电影盗版给MPA会员公司造成的消费者支出损失及其人均值、音乐盗版的零售额及其人均值等讨论各国盗版状况，旨在说明对中国盗版认知存在差距的理由。     

Slave Women,Resistance and Criminality:

The system of slavery, a reflection of a patriarchal and racist social order, legitimatized and facilitated not only the economic and racist oppression but the sexual exploitation of black slave women. An extensive review of the literature on slavery was used to address how slave women accommodated and resisted these multiple forms of oppression. The findings presented here indicate that as blacks, both sexes experienced the harsh and inhumane consequences of racism and economic exploitation. In response to their exploitation, there was a significant convergence in male and female involvement in such forms of "criminal" resistance, such as murder, assault, theft and arson. These actions were employed to improve the slaves' lot in life and to express opposition to the slave system. "Criminal" resistance therefore set the stage for black women's participation in the criminal activities characteristic of today. Findings also suggest that in response to sexual exploitation, gender specific forms of accommodation-eg., acting as breeders and sex workers-were utilized in order to make slave women's lives bearable. The article concludes that the various forms of accommodation served as a preface to black women's vulnerability to sex-oriented crimes within the context of the twentieth century American society.     

知识产权中的盗版问题：中美等国的认知与现实

在分析美国对中国知识产权盗版认知存在差距的基础上，阐述了美国对中国知识产权盗版不符合实际情况的指责。重点从电影盗版给MPA会员公司造成的收入损失及其人均值、电影盗版给MPA会员公司造成的消费者支出损失及其人均值、音乐盗版的零售额及其人均值等讨论各国盗版状况，旨在说明对中国盗版认知存在差距的理由。     

Confidence inflation in eyewitnesses: Seeing is not believing

Purpose. Confidence inflation in eyewitnesses obscures a useful cue to identification accuracy and affects evaluations of eyewitnesses (e.g., Bradfield & McQuiston, 2004; Jones, Williams, & Brewer, 2008). We examine whether sensitivity to confidence inflation evidence is enhanced by seeing a videotape of the identification procedure. Methods. Participants (N= 131) watched a videotaped trial in which the witness's original confidence statement was presented as part of a previously recorded videotaped identification procedure or read by the witness at trial. In addition, the witness's identification confidence was either consistently high or low at the time of the identification and high at the trial (i.e., it was inflated). Results. Significant interactions demonstrated that confidence inflation evidence factored into judgments of the eyewitness and defendant guilt more strongly in the videotape condition compared with the read condition. Conclusions. The present results support recommendations to collect immediate confidence reports and videotape identification procedures. Using videotape evidence may help innocent defendants convince jurors that the eyewitness's identification is not accurate.     

Boycott,Resistance and the Law: Cause Lawyering in Conflict and Authoritarianism

This article examines the role of cause lawyers in conflicted or authoritarian contexts where the chances of legal victory are often minimal. Drawing upon the literature on resistance, performance, memory studies, legal consciousness and the sociology of lawyers, the paper examines how cause lawyers challenge and subvert power. The paper first explores the tactics and strategies of cause lawyers who boycott legal proceedings and the relationship between such boycotts and broader political struggles, legitimacy and law. It then examines why and how cause lawyers engage in fairly hopeless legal struggles as acts of instrumental resistance (the ‘sand in the cogs’), transforming courts into sites of symbolic resistance, and using law as a form of memory work. The paper argues that boycott of and resistance through the courts can counter the use of law as an instrument of wickedness and a tool of denial and preserves a ‘stubborn optimism’ in the rule of law.     

The Borrowed View: Privacy, Propriety, and the Entanglements of Property

A dominant characterization celebrates property as a means to attain privacy and autonomy. Drawing on recent scholarship, I compare this idea with a proprietarian perspective, which emphasizes the ways in which private ownership comes freighted with public responsibilities. The garden, I shall argue, reveals both dimensions to property. Drawing from gardening debates over the past century and an empirical survey of gardening in Vancouver, Canada, I conclude by arguing, first, that the ends of property are more diverse than we suppose, and second, that these two conceptions should in fact be thought of not as incompatible and opposed, but as entangled and interrelated. While judicial and academic evaluations tend to rely on a binary view of property, so that privacy and propriety seem to live in different spaces, my findings suggest a more fluid cohabitation.     

Cohabitants, Property and the Law: A Study of Injustice

With cohabitation outside marriage becoming increasingly common, the law's response to the problems that arise on separation has become a key issue for public and family policy. This article draws upon the findings of a qualitative empirical study of how property disputes are handled when cohabitants separate. It argues that the unfairness of the current law is best understood as stemming from a failure to recognise the situation that arises as one of unjust enrichment. It shows that the complexity and unpredictability of the law make it difficult to bargain effectively in the shadow of the law. It suggests that the need for reform goes beyond the introduction of a discretionary regime, such as that proposed by the Law Commission, to reform of conveyancing and property law and practice to facilitate initial, as well as post-separation private ordering.     

Place, Space, and Time in the Sign of Property

Property is a complex sign in semiotics. It is also the source of tension and conflict in law. This paper examines property in triadic terms consisting of what Charles S. Peirce would identify as the icon (firstness), the index (secondness), and the symbol (thirdness). From this perspective the paper explores the ideas of place, space, and time at the iconic level of the sign of property. Discussion addresses the way in which property serves as a coded system for communicating information about a given community’s values and its cultural-interpretive hierarchy. Much like an aboriginal songline, property functions as a way of imprinting the land with impressions of social ordering related to place, space, and time. In the context of global trade we therefore observe property conflicts which are sometimes not so much about the technical language of property as they are about tensions among the embedded values in competing signs of property.

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Genes and Spleens: Property, Contract, or Privacy Rights in the Human Body?

This article compares three frameworks for legal regulation of the human body. Property law systematically favors those who use the body to create commercial products. Yet contract and privacy rights cannot compete with the property paradigm, which alone affords a complete bundle of rights enforceable against the whole world. In the face of researchers' property rights, the theoretical freedom to contract and the meager interest in privacy leave those who supply body parts vulnerable to exploitation.     

Scientizing Food Safety: Resistance,Acquiescence, and Localization in India

Since the mid‐1990s, formal scientific risk management has been codified at all levels of food safety governance in affluent states: firm‐level standards, national regulation, and international law. Developing countries' access to affluent importers and power in international standard‐setting fora now hinges on their scientific capacity. This article explores the consequences of these developments in India, which moved quickly from resistance to acquiescence, and then later to mobilization around narratives of scientific risk management's local benefits. The case suggests a two‐stage model of scientization among developing countries: (1) coercive and competitive mechanisms drive adoption of science‐based governance models, and (2) as local actors mobilize to meet foreign demands, they attach their own interests and agendas to science‐based reforms. The outcome is a set of rational myths about the benefits of scientization. The article draws on content analysis of organizational, policy, and news documents and a small set of interviews with highly placed pubic officials and industry representatives.