Reviews

Weatherill, Stephen Law and Integration in the European Union
Jasanoff, Sheila Science at the Bar: Law, Science and Technology in America
Gunn, David L. (ed.) The Lawyer and Popular Culture — Proceedings of a Conference
Denvir, John (ed.) Legal Reelism
Bergman, Paul and Asimow, Michael Reel Justice
Wilson, Geoffrey (ed.) Frontiers of Legal Scholarship
Twinning, William Blackstone's Tower: The English Law School     

REVIEWS

Bailment . By N. E. Palmer . Remedies for Breach of Contract . By Hugh Beale . Legal Norms and Legal Science . A Critical Study of Kelsen's Pure Theory of Law . By Ronald Moore . Moral and Legal Reasoning . By S. J. Stoljar . The Politics of the U.S. Supreme Court . By Richard Hodder -Williams . Kindesmisshandlung ? By Dieter Giesen . Of Presbyters and Kings : Church and State in the Law of Scotland . By Francis Lyall . The Maritime Zones of Islands in International Law . By Clive R. Symmons . Oil Rigs : Law and Insurance (Some Aspects of the Law and Insurance Relating to Offshore Mobile Drilling Units ). By Michael Summerskill . Cases and Materials on International Law . Second edition. Studies in Civil Procedure . Edited by Eric Gertner . Perspectives on Legal Aid —An International Survey . Edited by Frederick H. Zemans . Solicitors and the Wider Community . By David Podmore .     

Reviews

Brooman and Legge: Law Relating to Animals
McHale and Fox with Murphy: Health Care Law: Text and Materials
Bridge: The Sale of Goods
White: Planning Appeals
Pearson: Origins of Law and Economics: The Economists' New Science of Law, 1830–1930
James: Private Ombudsmen and Public Law
Doe: The Legal Structure of the Church of England: A Critical Study in a Comparative Context
Hunt: Governance of the Consuming Passions: A History of Sumptuary Law     

REVIEWS

Book reviewed in this article: Labour Law Today Labour Law : Cases and Materials . By Patrick Elias , Brian Napier and Peter Wallington Industrial Law . By I. T. Smith and Sir John C. Wood Law of Employment . By Norman M. Selwyn Modern Employment Law . 3rd edition. By Michael Whincup . The Employment Acts 1974–1980. By Charles D. Drake and Brian Bercusson Labour Law in Great Britain and Ireland to 1978. (A companion volume to a Bibliography of the Literature on British and Irish Labour Law.) By B. A. Hepple , J. Hepple , Paul O'Higgins and Paula Stirling Historical Foundations of the Common Law . Second edition by S. F. C. Milsom . Justice and Welfare in Divorce. By Mervyn Murch . Law and Legal Science: an Inquiry into the Concepts Legal Rule and Legal System . By J. W. Harris Research in Law and Sociology . Volume 2 (1979). Edited by Steven Spitzer . The Office of the Attorney -General in Ireland . By J. P. Casey . Gifts and Promises . By John P. Dawson . Taking the Fifth . By Mark Berger . A Source -Book on French Law . Second edition. By Sir Otto Kahn -Freund , Claudine Levy and Bernard Rudden . Constitutionalism in Asia : Asian Views of the American Influence . Edited by Lawrence Ward Beer . Landlord and Tenant . Second edition. By Martin Partington . The Impact of Marine Pollution . Edited by Douglas J. Cusine and John P. Grant . Law of Electronic Surveillance in Canada . By David Watt . The Child and the State . By Laurence D. Houlgate .     

“非典”防治与法治理论研讨会综述

20 0 3年 5月 30日 ,重庆市人大法制委员会、重庆市人民政府法制办公室、重庆市高级人民法院及西南政法大学四家单位联合主办 ,在西南政法大学召开了“‘非典’防治与法治理论研讨会”。围绕在处置公共危机的过程中 ,政府、社会、公民以及新闻媒介等的角色、职责、权利等问题 ,与会者就依法行政、信息公开、行政应急处置权、公民的合法权益的保护与救济、强制隔离措施的运用与完善等问题进行了热烈的讨论 ,提出通过依法防治非典 ,促进科学发展 ,促进法治的发展     

THE BOOKSHELF

Books reviewed in this article:
Bette L. Bottoms, Margaret Bull Kovera, and Bradley D. McAuliff, eds., Children, Social Science and the Law .
Julia Fionda, ed., Legal Concepts of childhood .
Lynn Mather, Craig McEwen, and Richard J. Maiman, Divorce Lawyers at Work: Varieties of Professionalism and Practice .     

法治系统工程:实现依法治国方略的科学途径(续)

本文以系统工程在我国的发展为开端，结合法律知识解释了系统工程的基本原理；阐述了法治系统工程的基本概念与原理、法治系统工程与系统工程之本质区别，进而介绍了法治系统工程所采用的综合集成方法。此外，本文还论述了现代信息技术与法治系统工程的关系、系统工程对现代法律科学的优化功能。文章的结论是：法治系统工程是运用现代科学方法实现“依法治国”的方略、促进社会主义法治现代化的必由之路。     

法律判断形成的模式

Legal decisions are results of the use of law, which includes the application of law and the finding of law, but mainly referring to the latter. In the application of law, facts match norms, and thus legal decisions could be obtained directly through deduction thereof, which is called the deduction mode. However, in the finding of law, since facts are not symmetric to norms, before making judgment through deduction, facts and norms shall be equalized. That is to say, facts shall be generalized and then upgraded to the provisions, while norms shall be concrete and downwards to specific cases, conducting for spiral upwards, which is called equalization mode. Zheng Yongliu, professor at the Institute of Legal Philosophy of China University of Political Science and Law, also a visiting professor at University of Saarland in Germany (till 1996), and a guest professor at Jilin University (since 1998), whose research is focusing on legal philosophy, particularly on the legal methods as well as law and society. Prof. Zheng once published 4 books, i.e., The Orientation of Rural Law in Contemporary China (1991), The Farmers’ Legal Awareness and the Development of Village’s Law (1993), Das Wirtschaftsrecht Chinas (1997) and The Rule of Law: the British and German Origin, International Standards and Its Practices in China (2002). In his published articles, the follows are most dear to his heart: What is Legal Philosophy (1998), the Origin and Evolution of the “Rechtsstaat” in Germany (2000), the Legal Hermeneutics and Its Relationship with the Legal Interpretation (2002), Academic Freedom and Its Enemies (2004), Pluralistische Ordnungen im chinesischen Wirtschaftswandel (German, 2006).     

Book Reviews

Books reviewed:
Felix Dodds, Earth Summit 2002: A New Deal
Catherine Redgwell, Intergenerational Trusts and Environmental Protection
Ellen Hey, Reflections on an International Environmental Court
Carsten Schmidt, Designing International Environmental Agreements: Incentive Compatible Strategies for Cost-Effective Cooperation
Steinar Anderson, Tora Skodvin, Arild Underdal and Jorgen Wettstad, Science and Politics in International Environmental Regimes: Between Integrity and Involvement
Alan Russel and John Vogler, The International Politics of Biotechnology: Investigating Global Futures
Han Somsen, The Yearbook of European Environmental Law, Volume I, 2000
Petr Pavlinek and John Pickles, Environmental Transition: Transformation and Ecological Defence in Central and Eastern Europe
A. Abramson and D. Thoedossopoulos, Land, Law and Environment: Mythical Land, Legal Boundaries     

REVIEWS: IS THE REFORM OF LEGAL EDUCATION HOPELESS? OR,SEEING THE HOLE INSTEAD OF THE DOUGHNUT

Book reviewed in this article: Law School : Legal Education in America from the 1850s to the 1980s. By R. Stevens Law and Modern Society . By P. S. Atiyah Current Legal Theory . International Journal for Documentation on Legal Theory Political Trials in Britain . By Peter Hain     

REVIEWS

Critical Legal Studies: The Politics of Law. Edited by David Kairys. [New York: Pantheon Books. 1982. x and 321 pp. Paperback $9·95.] Critical Legal Studies: Law, State and Society. Edited by Bob Fryer, Alan Hunt, Doreen McBarnet and Bert Moorhouse. [London: Croom Helm. 1981. 234 pp. (including name index). Hardback £14·95.] Critical Legal Studies: A Bibliography Critical Legal Studies: The Law Lords. By Alan Paterson. [London: Macmillan. 1982. 287pp. £12.] Critical Legal Studies: The Common Lawyers of Pre-Reformation England: Thomas Kebell, A Case Study. By E. W. Ives. [Cambridge: Cambridge University Press. (Cambridge Studies in English Legal History). 1983. 536 pp. £40.] Critical Legal Studies: People Against the Press. An Enquiry into the Press Council. By Geoffrey Robertson. [London: Quartet. 1983. 182 pp. (including appendices and index). £7£95.]     

REVIEWS

Civilians under Military Justice : The British Practice since 1689 especially in North America. By Frederick Bernays Wiener . Legal Fictions . By Lon L. Fuller . Existentialism and Legal Science . By George Cohn . Law . By Lord Lloyd of Hampstead . Gatley on Libel and Slander . Sixth Edition. By R. L. Mc Ewen and P. S. C. Lewis . The Forensic Lottery . By Terence G. Ison . Take -Overs and Amalgamations . Second Edition. By M. A. Weinberg Fundamental Rights in the Irish Law and Constitution . Second edition. By J. M. Kelly . Civil Rights, the Constitution, and the Courts . By Archibald Cox , Mark De Wolfe Howe and J. R. Wiggins . The Constitution of Malaysia . By L. A. Sheridan and Harry E. Groves . The Constitution of India . By M. C. J. Kagzi . Constitutions of Modern States : Selected Texts . By Leslie Wolf -Phillips . The Judicial Committee and the British North America Act . By G. P. Browne . Diplomatic Privileges and Immunities . By Clifton E. Wilson . British International Law Cases . Vol. 6. Diplomatic and Consular Agents , Treaties , Addendum . The Effectiveness of International Supervision . By E. A. Landy . The Law Governing Employment in International Organizations . By M. B. Akehurst . Essays on the Law of Treaties . By Ingrid Detter . The Civil Code and the Code of Civil Procedure of the RSFSR 1964. Translated by A. K. R. Kiralfy . (Editor, Z. Szirmai .) Legal Controls in the Soviet Union . By Leon Boim , Glenn G. Morgan and Aleksander W. Rudzinski . (Editor, Z. Szirmai .) Law , Morality and Religion in a Secular Society . By Basil Mitchell Freedom under the Law . By Lord Denning . The African Law Reports —Commercial Series 1965. General Editor: Dr . Alan Milner . Caucasians Only . The Supreme Court, the NAACP and the Restrictive Covenant Cases . By Clement E. Vose .     

Reviews

Books reviewed:
Maclean Making Law for Families
Kahn The Cultural Study of Law: Reconstructing Legal Scholarship
Ahdar Law and Religion     

经济法的价值理念和基本原则

目前一些关于经济法理念、价值以及基本原则的讨论,除了语言表述上的差异外,内涵上也有很大不同。笔者认为,经济法的价值并不能脱离法律价值之公平、秩序、自由的范畴,但必须具有其独特的解释;而经济法的基本原则则应当回应和体现其对法律价值解释的意义。本文试图梳理经济法价值理念与基本原则的关系,并将经济法的基本原则表述为:适度干预原则、公共利益原则、合理竞争原则、弱者保护原则。     

判例在中国传统法中的功能

In traditional Chinese law, cases are the judicial decisions of general effects determined by special procedures. Before the Period of Spring and Autumn and Warring States, the main form of Chinese law was cases. After that period, Chinese legal system had gradually accommodated various forms in coexistence, with codes as the main body but cases as supplementary. Such a system maintained for a long time. Those cases in the codification era were based on codes and functioned to broaden the scope of legislation, supplement the legislative techniques and strengthen the effect of rules. As to the relationship between the establishment rule and the recurring rule of cases, ancient Chinese law persisted in the recurring rule and thus it maintained a relatively steady supply of rules while maintaining an inner stable legal forms. Wang Shirong, professor, head of the Research Department of Northwest University of Political Science and Law (NWUPL), Standing Director of the Legal History Society of China, Vice-director of the National Clinical Education Committee, Honored Professor of Gansu Institute of Political Science and Law, Consultant of Xi’an Intermediary Court, a project manager of the legal clinic program of NWUPL. His Major researches cover: Chinese legal history, the legal history of criminal law and the clinical legal education. His representative works include: A Study of Chinese Court Decisions in Ancient Time (1997, CUPL Press), A Study of Ancient Cases in China (1997, CUPL Press), Legal Cases and Law Development (2006, Law Press), and more than 20 papers released in key journals.     

REVIEWS

Book reviewed in this article: Legal Obligations . By J. C. Smith . The Law in Crisis : Bridges of Understanding . By C. G. Weeramantry . Lawyers in Their Social Setting . Edited by D. N. Mac Cormick . The Contract of Employment . By M. R. Freedland . Labour Law and Offshore Oil . By Jonathan Kitchen . Studies on Divorce . Law Reform Commission of Canada. Legal Aid —The First 25 Years . By Seton Pollock . Legal Aid and its Management . By P. H. Gross . Juta & Co. 335 pp. R.25.00.]     

Book Reviews

Books reviewed:
John Eekelaar, Mavis Maclean, and Sarah Beinart, Family Lawyers: The Divorce Work of Solicitors
Thomas M. Franck, The Empowered Self: Law and Society in the Age of Individualism
Ian Leigh, Law, Politics and Local Democracy
Stanley Fish, The Trouble With Principle
Christine Bell, Peace Agreements and Human Rights
Lawrence Rosen, The Justice of Islam: Comparative Perspectives in Islamic Law and Society
Fiona Donson, Legal Intimidation
Bridget M. Hutter, Regulation and Risk: Occupational Health and Safety on the Railways; Garry Slapper: Blood in the Bank: Social and Legal Aspects of Death at Work     

Reviews

Thomas: Legal Frontiers Wellman: An Approach to Rights: Studies in the Philosophy of Law and Morals Allsop and Mulcahy: Regulating Medical Work: Formal and Informal Controls Mercuro and Medema: Economics and the Law: From Posner to Post-Modernism Franck: Fairness in International Law and Institutions Nussbaum: Poetic Justice: The Literary Imagination and Public Life Posner: Law and Legal Theory in the UK and USA Montgomery: Health Care Law     

版权法上的公共领域研究

Public domain is a core rule of copyright law, under which various creative materials are available for an author to use without charge or liability for infringement, hence ensuring the effective implementation of copyright law. Public domain is characterized by openness, public ownership, irrevocability and formality. Based on the premise that the author’s work will not be interfered, public domain ultimately aims at the enlargement of its own universe and prosperity of the culture of human society. Its introduction into copyright law satisfies both historical and logical demands. Without its acknowledgement, copyright cannot be justified. In that sense, public domain and copyright can be deemed as twins. Public domain is not only an existing institution, but also an ideological tendency or a methodology. It has evaluative and inspective values towards copyright. It is an important precondition of copy-rights, and what is more, an important measure for controlling the expansion and realizing the purpose of copyright. Huang Hui, Ph.D, is a lecturer of civil law at Southwest University of Political Science and Law. Till now, he has released over 20 research articles in academic journals in China, such as Modern Law Science, Legal Forum, Academic Forum, etc. His magnum opus includes: Legal Philosophy Exposition of Unreasonable Outstretch in Intellectual Property Rights, Interpretation & Transfer: An exposition of de-intelligence of intellectual property rights, research on the protection of works in public domain, etc.     

REVIEWS

Book reviewed in this article: Lawyers and the Public Interest . A study in Restrictive Practices . By Michael Zander In Search of Justice . Society and the Legal System . By Brian Abel -Smith and Robert Stevens Law Reform: the New Pattern , being the Lindsay Memorial Lectures for 1967. By the Hon . Mr . Justice Scarman Frontiers of Civil Liberties . By Norman Dorsen Freedom, the Individual and the Law . By Harry Street Human Rights in National and International Law . Edited by A. H. Robertson Comparative Constitutional Process : Cases and Materials. By Thomas M. Franck Palmer 's Company Law . Twenty-first Edition by Clive M. Schmitthoff, ll.d . Company Law . By Robert R. Pennington The Investor and the Law . By Robert R. Pennington . Harris 's Criminal Law . Twenty-first Edition. By Anthony Hooper . An Outline of the Law of Evidence . By Rupert Cross and Nancy Wilkins . African Women : Their Legal Status in South Africa . By H. J. Simons Family Law in Asia and Africa . Edited by J. N. D. Anderson Manual of German Law . Volume I: General Introduction, Civil Law. Second completély revised edition. By E. J. Cohn , assisted by W. Zdzieblo The Civil Practice of the Superior Courts in South Africa . Second Edition. Edited by Van Winsen and Thomas (in collaboration with A. C. Cilliers ) American Legal Realism . By Wilfrid E. Rumble , Jr Military Alliances and Neutrality in War and Peace . By Subrata Roy Chowdhury