只因为‘猪血炒蒜苗’

区法院刘院长每到月底总要仔细地检查一下全院的审判工作。这个月底,他和往常一样,在自己的办公室里逐个地翻阅着一个月来已经处理了的案卷。当他看完了一分薄薄的卷宗以后,不禁紧蹙双眉,自言自语地说:“怎     

青少年违法犯罪现象剖析

近年青少年犯罪的主体特征表现在:青少年犯罪低龄化趋势日益明显,女性青少年犯罪案件增长,青少年犯罪人员的身份和职业构成发生了很大变化。本文指出青少年违法犯罪的主要原因有社会因素、家庭因素、学校因素与个人因素,因此预防和减少青少年违法犯罪需要各方共同参与,齐抓共管,综合治理才能凑效。     

The ‘unwanteds’ and ‘non-compliants’: ‘unsupported mothers’ as ‘failures’ and agents in Australia’s migrant Holding Centres*

Abstract

Ideas of assimilated citizenship are inherently gendered and during Australia’s post-World War Two migration boom they were deeply and explicitly invested in marriage, children and domesticity. In this period of social conservatism and economic boom, assimilation rhetoric functioned as a reassuring mirror for the host population, promoting the dream of prosperous family life as the ultimate aspiration for refugees and migrants. The role of immigration Holding Centres within this vision was to provide a context in which migrants and refugees could take their first steps towards accomplishing this dream. These Centres of necessary temporary residence were designed as sites of transition towards autonomous, assimilated family life. However, those families headed by single mothers, often referred to in government records as ‘unsupported mothers’, had limited opportunities to live up to such images of assimilation, or even to comply with the economic imperatives of the migration scheme that had brought them to Australia. Based mainly on Department of Immigration records, this article demonstrates that despite recognising the long-term economic and social prospects their children represented, government agencies viewed many unsupported mothers as system failures. They attempted to remedy the situation by turning these women into live-in domestic workers, at times placing pressure on them to institutionalise their children in order to facilitate this, thereby prioritising their compliance with economic imperatives over support for their parenting. Within the limited scope of their agency, unsupported mothers responded by attempting to negotiate the terms of their compliance or simply refusing to comply. For the latter group, Holding Centres became a more permanent home. This permanence is read here as a gendered form of resistance to a system that struggled to foster their economic self-reliance without compromising their capacity to be mothers.     

The NHS Information Revolution: ‘Choice of Control’ to ‘Choice’ and ‘Control’

This paper provides a novel and critical analysis of the necessary and important balance between ‘individual privacy’ and ‘collective transparency’. We suggest that the onset of the Information Revolution has created a dilemma for the National Health Service (NHS) in terms of how it addresses its obligation to use information to improve best practice in healthcare for society (‘collective transparency’) whilst also keeping sensitive personal information confidential (‘individual privacy’). There is clearly a need to consider both whether the NHS is balancing this critically important informational relationship and whether its approach is fit for purpose. We argue that the NHS's ‘proxy-individual’ information guardian role could inadvertently mask individuals' intended roles, effectively circumventing autonomy-based laws by limiting the power of individuals to be autonomous. In this article we have identified three issues – first the prevailing ‘Mindset’ (the ‘M’) of ‘privacy’, which is viewed as individualistic, resulting in an overpowering concept of confidentiality; second, the quality and control of Information (the first ‘I’); and third, the concept of innovation (the second ‘i’), which is being used as a ‘solution’ rather than a vehicle for transparency. Indeed, transparency is our target of ‘best practice,’ and we suggest that individual privacy and collective transparency are best embedded within a complementary privacy framework that offers a better fit than the current split of control between the roles of the NHS and the roles of the individual. It is suggested that when facilitated by transparency, ‘control’ and ‘privacy’ form a continuum, aligning through the desire for choice. Therefore, the choice of control could facilitate control and choice. Together, they could replace the concept of privacy by empowering ‘informed patients’ to support the NHS's ‘No decision about me, without me’ pledge.     

“‘打虎’‘拍蝇’都是为咱老百姓”

乡镇纪检力量统一使用、交叉查办,让以前那些老关系都不灵了;群众轻松一点手机客户端,举报就出去了。基层纪委深化三转带来了群众满意的结果——今年春节,我和妻子到江西省宁都县岳父家过年。大年初二,在去外婆家拜年的路上,我和开车的表姐夫聊了起来。这两年在外面做生意好多了,赶上逢年过节再也不用去‘表示’了,这可省下了不少钱呢。关键是心里舒坦,不用再看别人脸色了。表姐夫在外地开了一家西式快餐店,他告诉     

Operation ‘Cerberus Action’ and the ‘Four Corners’ Prosecution

There is a generally accepted belief that a well publicised prosecution, which results in the conviction of the offenders will deter crime by sending out a ‘clear message’ to those intending to offend. Those who seek to enforce the legal protection of antiquities and archaeological sites will often decry the number of prosecutions brought, and urge a more aggressive prosecution policy against looters and traffickers in antiquities. However a prosecution may not always produce the anticipated outcome of deterrence. In this article a lawyer examines a recent high profile operation undertaken by the Federal Bureau of Investigation and the Bureau of Land Management against looters and traffickers in the south west of the United States for breaches of the Archaeological Resources Protection Act of 1979 and its outcome. It will begin with a short consideration of the context in which the prosecutions were brought: the scale of looting in the area; the difficulties facing those who have to enforce the law; the legal and historical background, and the belief of many in the area that they have a right to dig for artefacts and to collect or sell them. It will then consider ‘Operation Cerberus Action’ and its consequences in some detail, drawing on contemporaneous newspaper accounts and blog comments to illustrate that a prosecution, even where it results in conviction of all the defendants, may be counterproductive, serving only to entrench existing attitudes rather than encouraging behavioural change in intending looters and traffickers.     

Legal Imaginaries and the Anthropocene: ‘Of’ and ‘For’

Law and Critique - This reflection contrasts the dominant imaginary underlying ‘law of the Anthropocene’ with an imaginary reaching towards ‘law/s for the Anthropocene’. It...     

剖析英语构词中的隐喻现象

本文从隐语的角度分析探讨词汇的结构生成及其语义理据,揭示词的生成构建的心理基础和语义特征,其 目的在于帮助学生更好地理解词汇意义,掌握词汇的生成与引申规律,提高学生驾驭词汇的能力。     

中关村的 ‘影子’

高科技成就了中关村,也成就了中关村的“影子”——题记     

The ‘Usual Suspects’

Abstract

A key issue in contemporary criminology is the role that social status, and particularly race, plays in legal processes. Previous research suggests that criminal justice proceedings-including arrest, conviction, and sentencing rates-are influenced by victim and offender race, but rarely examines the role of race in reporting events to the police. The following research uses data from the rape sub-sample of the National Crime Victimization Survey of households 1992-2001; logistic regression analyses are conducted to determine how victim and offender race influence reporting of rape to the police, controlling for other incident characteristics. The findings suggest that rapes with a Black perpetrator are much more likely to be reported to police, regardless of whether the victim is white or Black.     

管管‘洋老板’

报载,珠海瑞进电子有限公司韩国老板金珍仙以“违纪”为借口大发淫威,逼迫100多名中国打工者下跪,这中间只有来自河南南阳的打工仔孙天帅未跪。他质问金珍仙:“我们为什么要跪下?”并愤然离去……笔者在敬佩孙天帅不屈的人格和气节之余,不禁想到:金珍仙只是一个普通的“洋老板”,凭什么能让100多个中国工人给她下跪?她有这样的权力吗?     

Equity before ‘Equity’

The notion of ‘equity’ is undergoing conceptual repositioning in international law today, embracing individuals as well as states and gaining an association with human rights and the politics of protest. In the context of these developments, the present paper enquires into the premodern roots of this ancient and rich term through three historical vignettes: first, the emergence of aequitas in Roman law – as a source of law anchored in analogy and empathy – and in particular its relevance to the ambiguous status of slaves; second, the importance of ‘natural equity’ to the consolidation of ‘natural rights’ during the Franciscan poverty debate in 14th century Europe, and finally, ‘common equity’ in the rights-based constitutional order proposed by the Levellers in 1640s England. In its root sense, I conclude, what we might call ‘radical equity’ has historically lent itself to trenchant critique of the law, centred on the individual as subject of right.     

Realizing ‘Political’ Neutrality

Political liberalism is supposed to be neutral among reasonable comprehensive doctrines, including comprehensive liberalism. Some critics think that it implicitly assumes comprehensive liberalism. I argue that political liberalism has the resources to avoid this charge and chart a path between sectarianism and unprincipled accommodation that allows a range of policy justifications onto the political agenda of a scope that honors the ideal of neutrality.     

‘Are the ‘others’ coming?’: Evidence on ‘alien conspiracy’ from three illegal markets in Greece

In the early 1990s Greece accepted a large number of immigrants from a variety of contexts. Since then ‘organised criminality’ has become an important aspect of the immigration nexus in the country, and ethnicity has been viewed as an extremely important-if not the primary–explanatory variable. Simultaneously, there has been very little empirical research on ‘organised crime’ in Greece in general and ‘organised crime’ and ethnicity in particular. The purpose of this article, which is based on previous research that the author has conducted on three illegal markets in Greece (a. migrant smuggling business, b. the cigarette black market, and c. the market of stolen cars and car parts), is to show the extent to which these illegal markets are controlled by foreign nationals, and establish whether there is such thing as an ‘alien conspiracy’ in the particular country.     

The ‘good’, the ‘bad’ and the ‘Charlie’: the business of cocaine smuggling in Greece

This article examines the social organisation of cocaine smuggling in Greece. Emphasis is placed on the involvement of professionals from the shipping industry and actors from the ‘upper society echelons’ who play a pivotal role in the transportation and importation of cocaine to Western Europe and Greece. After considering empirical evidence from a variety of sources, our findings indicate that the cocaine market in Greece is ‘organised’ by a system of collaborative relationships between state, business and civil society actors. It is suggested that to better understand the nature of this illegal market, further research is required to take a closer look into the economic, socio-cultural and political incentives of these actors.     

‘Narcoballads’: The Psychology and Recruitment Process of the ‘Narco’

There have been several studies conducted about racist groups, gangs, cults, terrorist and other criminal organisations, but very little has been written about the psychology and recruitment process of the ‘narcotrafficker’. This is because like most criminal organisations, they tend to be secretive and difficult to penetrate by law enforcement, academics and others who wish to study them. Using an audio‐recorded content analysis of ‘narcocorridos’ — ballads glorifying the activities of the ‘narcos’ and describing their successes' — as well as Social Identity and Group theories, the author describes some of the techniques used to recruit individuals into drug cartels; the labels, stereotypes and images of the in-group versus the out-group and the similarities in the socialisation and recruitment process of other criminal organisations. This study shows the recruitment of individuals into drug cartels follow similar patterns to other criminal organisations including the need for power, belonging, respect, security and pride.     

Introduction: Chile’s ‘Constituent Moment’

Law and Critique - The introduction looks at the constitutional situation in Chile since the demand for a new Constitution erupted in demonstrations all across the country, and argues that the...     

对上市公司会计造假现象的剖析

会计造假已成为一种社会公害,上市公司会计造假现象更是愈演愈烈。本文通过对上市公司会计造假的原因、造假手段等方面进行了剖析,提出了防止会计造假的有效措施,对进一步完善会计制度进行了积极的探讨。