Social Capital, Rehabilitation, Tradition: Support for Restorative Justice in Japan and Australia

This paper investigates the attitudes and beliefs that the public hold about criminal behaviour in Japanese and Australian society, with a view to uncovering sources of resistance to, and support for, restorative justice. The study draws on a survey of 1,544 respondents from Japan and 1,967 respondents from Australia. In both societies, restorative justice met with greater acceptance among those who were (1) strong in social capital, (2) believed in offender reintegration and rehabilitation, (3) saw benefits for victims in forgiveness, and (4) were advocates for victims?? voices being heard and amends made. The alternative ??just deserts?? and deterrence models for dealing with crime were grounded in attitudes of punitiveness and fear of moral decay, and reservations about the value of reintegrating and rehabilitating offenders. Like restorative justice supporters, ??just deserts?? and deterrence supporters expressed concern that victims?? voices be heard and amends made. Winning public support for competing institutional arrangements may depend on who does best in meeting expectations for meeting the needs of victims.     

数据驱动时代的数据隐私保护——从个人控制到数据控制者信义义务

在数据驱动时代,个人数据隐私引发广泛的担忧。基于个人具有隐私自我管理能力的假定,立法者建构了一套沿袭传统个人主义隐私观的数据隐私保护法律框架。这种强调个人控制的立法取向高估了个人在数据实践中的自治能力,难以应对数据时代的隐私挑战。可考虑将信义义务引入新型的数据关系之中,要求自动驾驶汽车制造商、其他智能交通服务提供者以及数据驱动的其他商业场景中的数据控制者以数据受托人身份管理或处分其占有的个人数据,强化其数据受托职责,以弥补个人在隐私管理中的能力不足。     

Children's Conceptual Knowledge of Lying and Its Relation to Their Actual Behaviors: Implications for Court Competence Examinations

Child witnesses must undergo a competence examination in which they must show appropriate conceptual understanding of lying and truth-telling, and promise to tell the truth. Three experiments (Ns = 123, 103, 177) were conducted to address the assumptions underlying the court competence examination that (1) children who understand lying and its moral implications are less likely to lie and (2) discussing the conceptual issues concerning lying and having children promising to tell the truth promotes truth-telling. Both measures of lying and understanding of truth- and lie-telling were obtained from children between 3 and 7 years of age. Most children demonstrated appropriate conceptual knowledge of lying and truth-telling and the obligation to tell the truth, but many of the same children lied to conceal their own transgression. Promising to tell the truth significantly reduced lying. Implications for legal systems are discussed.     

Strategic Knowledge Networks: The Case of IT Support for Eurojuris Law Firms in Norway

Law firms are knowledge intensive, and the use of advanced technology may well transform these organizations in the future. To examine knowledge management in Norwegian law firms, a study involving four phases of data collection and analysis was designed. The third phase comprised a survey of Norwegian law firms on the use of information technology to support inter-organizational knowledge management. Two predictors, firm co-operation and knowledge co-operation, were significant. The fourth phase was a survey of Norwegian law firms belonging to the Eurojuris network. The Eurojuris law firms had significantly higher IT use, firm co-operation and knowledge co-operation than the other law firms. There was no significant difference in inter-organizational trust, both Eurojuris firms and non-network firms reported that they trusted other law firms.     

Dissent,Legitimacy, and Public Support for Court Decisions: Evidence from a Survey‐Based Experiment

Scholars often argue that whereas unanimous rulings should boost public support for court decisions, dissents should fuel public opposition. Previous studies on public responses to U.S. Supreme Court decisions suggest that unanimity does in fact bolster support. However, a recent study has also found that dissents may increase support among opponents of a court decision by suggesting evidence of procedural justice. By examining how individuals react to dissents from the Supreme Court of Norway, this article is the first study outside the U.S. context of the public's reaction to unanimity and dissent. Breaking with the common notion of the negative effects of dissent on public support, the article shows that when the Supreme Court handles cases of higher political salience, the formulation of dissenting opinions can be a meaningful way of securing greater support for its policy outputs by suggesting evidence of procedural justice. Contrary to recent studies, however, this positive influence of dissent is irrespective of individuals' ex ante policy views.     

网络时代的舆论与司法——以哈贝马斯的公共领域理论为视角

公共领域是一个公民自由讨论公共事务的空间.在网络信息时代,新媒体的出现使承载舆论的公共领域发生了结构性的变化,导致了"公共领域的第三次结构转型".2009年以来,多宗演变成影响性事件的司法案件表明,当下中国的司法恰逢公共领域转型和社会转型的双重变奏,其运作的过程和裁判的结果深受舆论的影响甚至左右.为了在舆论与司法之间培育起健康的关系,必须既保障开放的舆论空间,又保障依司法独立运行,并通过司法的透明化赢得社会公众对司法的信任.     

Community Support and Diversionary Measures for Juvenile Offenders in Hong Kong: Old Legacy, New Age

This paper begins by examining the arguments that led to the change of emphasis from residential training and detention to community-based measures in Hong Kong. Police cautioning and community support services are introduced. An evaluation of the services provided found that the majority of respondents reported high levels of satisfaction with them. It is likely that the services exerted positive influences on the respondents’ deviant behaviour, family values and sense of social responsibility, but one-fifth of them continued to commit deviant acts. Parents’ participation was not high. Young offenders rarely took responsibility for the offence they committed or understood the harm they had done to victims, and victims were not involved in deciding the intervention plan. The conclusions raise issues about the future for Hong Kong. They consider new diversionary strategies for responding to young people and debate the values that should underpin them.

论我国台湾地区“司法院”大法官解释两岸关系的方法

我国台湾地区"司法院"大法官凭借所谓"释宪"机制,在两岸关系发展中扮演着重要角色。其针对两岸关系,已作成"法统"型、权利型、制度型三类共16个解释。大法官在解释两岸关系时,综合运用了文义、论理、历史、体系等传统解释方法,以及"政治问题不审查"、"结果取向解释"以及"宪法解释宪法"等新兴解释方法。经过数十年的发展,大法官在选择解释两岸关系的方法时,表现出所谓"去政治化"倾向。而"台独"分裂势力也正是利用大法官解释两岸关系时的"去政治化"倾向,力图通过维持形式上"中立"的法学方法,为其"台独"目的提供"正当化"外衣。     

The Role of Procedural Justice and Legitimacy in Shaping Public Support for Policing

This study explores two issues about police legitimacy. The first issue is the relative importance of police legitimacy in shaping public support of the police and policing activities, compared to the importance of instrumental judgments about (1) the risk that people will be caught and sanctioned for wrongdoing, (2) the performance of the police in fighting crime, and/or (3) the fairness of the distribution of police services. Three aspects of public support for the police are examined: public compliance with the law, public cooperation with the police, and public willingness to support policies that empower the police. The second issue is which judgments about police activity determine people's views about the legitimacy of the police. This study compares the influence of people's judgments about the procedural justice of the manner in which the police exercise their authority to the influence of three instrumental judgments: risk, performance, and distributive fairness. Findings of two surveys of New Yorkers show that, first, legitimacy has a strong influence on the public's reactions to the police, and second, the key antecedent of legitimacy is the fairness of the procedures used by the police. This model applies to both white and minority group residents.     

Assessing the Direct and Indirect Effects of Legitimacy on Public Empowerment of Police: A Study of Public Support for Police Militarization in America

The process‐based model dominates contemporary American research on police‐community relations and perceptions of police. A sizable literature has examined the linkages between procedural justice, legitimacy, compliance with the law, and cooperation with police. Less examined is the relationship between legitimacy and public empowerment of police. This study examines this relationship, focusing on police militarization. We first examine the direct effect of legitimacy on public willingness to allow police to become more militarized. Drawing from cognitive psychology and rational choice theories, we then consider indirect paths between legitimacy and empowerment, concentrating on two anticipated consequences of militarization—an increase in police effectiveness and possible harm to civil liberties. Using a national sample of over 700 American adults, and structural equation modeling, results indicate legitimacy has both direct and indirect effects on police empowerment, in part by shaping assessments of the possible consequences of empowerment. Implications for theory and policy are discussed.     

From Public Sociology to Public Philosophy: Lessons for Law and Society

The late Philip Selznick's final book, A Humanist Science, examines the role of values and ideals in the social sciences, including the study of law and society. Throughout his academic career, Selznick was committed to what he called “legal naturalism,” a sociological version of the natural-law perspective, while his critics continue to adhere to various forms of positivism. But the age-old opposition between natural law and legal positivism today may be giving way to the quest for public sociology—a sociology that promotes public reflection on significant social issues and thus functions as a moral and political force. A Humanist Science ends with a strong plea for public philosophy. Public philosophy overlaps with public sociology but is a much stronger concept. Selznick's message of public philosophy may be another of his enduring contributions to the field of law and society.     

三、五年级学英语起点和语音发展的实验研究

本研究比较三、五年级起点的学生英语语音语调的发展.研究采用准实验设计,样本包括198名中国小学三、五年级学生和15名美国小学生.学年结束时,对被试施行朗读测验、单人单盒磁带录音并将录音带匿名编号、随机混合,由3名英美人以随机顺序各自独立评分.结果表明:无论是按学校分类、按性别分类、还是按任课教师分类,五年级被试的平均分都显著地高于三年级被试,且处于最高分数段者也多是五年级被试.     

突发公共卫生事件中位置数据的披露:基于健康权和隐私权的视角

位置数据披露在防控新冠病毒(COVID-19)等传染病期间在国家、公共卫生机构及个人层面具有三重价值、成效显赫;但也暴露出健康权与隐私权之间的内在张力.全球范围内存在三种位置数据披露模式:一是模糊地理数据披露模式,即向所有公众公开仅涉及概括性、脱敏性的位置数据信息;二是对特定人群信息披露模式,针对可能的密切接触者等特定...     

Educational Debt and Law Student Failure to Enter Public Service Careers: Bringing Empirical Data to Bear

It is frequently suggested that law school debt is preventing new law school graduates from entering public service careers. The basis for this contention is largely anecdotal, however. This study puts the presumption to empirical scrutiny. Aggregate data from law schools and individual-level data from law students both point to the same conclusion: law students may indeed be competing in a money chase, but it is not because of their indebtedness. Private firms with prestige and high salaries are appealing to many students regardless of their debt burden. And government and public interest jobs may be in too short supply to meet the demand of non-elite students who are essentially closed out of the high-paying jobs in larger firms. The biggest barrier between these students and public service jobs may be the lack of supply of these jobs, not the lack of demand for them.     

Knowledge transfer from universities to low- and medium-technology industries: evidence from Italian winemakers

The Journal of Technology Transfer - The aim of the study is to explore the links that firms from low and medium technology (LMT) industries establish with universities for innovative purposes....     

Perceived Legitimacy of Judicial Authorities in Relation to Degree of Value Discrepancy with Public Citizens

In this study of perceived legitimacy, Australian citizens from a randomly selected national sample first responded to information about how judicial authorities responded to two crimes (green protest, date rape) in terms of seriousness and recommended punishment. They also provided ratings of the importance of a set of values for judicial authorities compared with self, and measures of global value discrepancy, procedural fairness, expertise, and legitimacy. Results showed that perceived legitimacy was negatively related to global value discrepancy and that the information provided to participants about judge’s position primed differences in value discrepancy only for the date rape crime. Other findings also implied that the nature of the offense moderated legitimacy/value discrepancy relations. Perceived legitimacy was also positively related to procedural fairness and the expertise of the authority, and higher when the judicial authority was perceived to assign specific values as even more important than participants did themselves.     

Cone‐beam Computed Tomography for Analyzing Variations in Inferior Alveolar Canal Location in Adults in Relation to Age and Sex*

Abstract: Previous studies have indicated that the relative position of the inferior alveolar canal and its mental and mandibular foramina in adults vary with age and show sexual dimorphism. Conceivably, these purported differences could be of forensic value for determining identity of human remains. This study was designed to determine the influence of age and sex on the relative position of inferior alveolar canal and its foramina in cone‐beam computed tomography (CBCT) studies of adults. Existing CBCT studies of the maxillofacial region from dentate adult patients selected at random and ranging in age from 18 to 80 years (110 women and 55 men) were acquired, and the location of the inferior alveolar canal was assessed at three points: the mandibular foramen in axial view, the inferior alveolar canal in coronal view, and the mental foramen in coronal view. Measurements were also expressed for the mental foramen as the percentile position from the nearest superior bony crest to the inferior border; corresponding position of the mandibular foramen from the anterior to the posterior border of the mandibular ramus; and for the inferior alveolar canal at the level of first permanent molar from the nearest buccal bony surface to the lingual surface and from the superior alveolar crest to the inferior border. Regression analyses were performed on the variables with regard to the effects of age and sex. Most analyses resulted in no statistical significance (p < 0.05). A few of the sex‐specific traits demonstrated near‐statistically significant effects; however, these characterizations generally resulted in a 1% or less change per age decade. Overall, the results demonstrated that the relative location of the inferior alveolar canal and associated foramina in adults remain fairly constant without regard to age and sex.     

The Extent and Correlates of Public Support for Deterrence Reforms and Hot Spots Policing

As one approach to prison downsizing and criminal justice reform, scholars recommend altering the nature of policing by reallocating resources toward policing and increasing sentinel patrols and hot spots interventions. Public attitudes toward these reforms are unknown. In the current police crisis, shifting policies in ways disfavored by the public can impact police‐community relations, especially among those disproportionately affected. The current study uses survey data from a nationally representative sample of Americans to evaluate whether the public is receptive to the suggested reforms. Our results indicate that the majority of the general public believes policing is more cost‐effective than incarceration and supports a focus on sentinel patrols and crime hot spots, although there is less support for hot spots policing among blacks, Hispanics, and lower income individuals. The hot spots policing strategy most preferred is situational prevention, and the least supported is aggressive order‐maintenance policing.