Relational legal consciousness in the punitive welfare state: How Dutch welfare officials shape clients' perceptions of law

With a growing number of strict obligations and harsh sanctions for welfare recipients, the Netherlands has increasingly become a punitive welfare state. This article looks at what this means for welfare clients and their commonsense understandings of the law. To analyze how welfare officials shape clients' legal consciousness, I draw on an online survey among Dutch welfare clients (N = 1305) and a correlation analysis. The findings show that there is a clear relationship between welfare clients' own legal consciousness and their assessment of welfare officials' beliefs about the law. However, not all elements of their legal consciousness are relationally influenced by the same factors. Also, clients' self-reported compliance behavior is less relationally influenced than other elements of their legal consciousness. This study adds to our understanding of the mechanisms that constitute the production of relational and second-order legal consciousness and it contributes to the development of new research methods to study people's perceptions of law.     

论公民法律意识的培育

在建设社会主义法治国家的进程中,提高全体公民的法律素质尤其是法律意识是一项长期而艰巨的任务。一方面,尽管我国公民的法律意识较改革开放初期已有较大的提高,但离法治社会的目标仍有较大的距离,特别是一些肩负组织、管理、决策职能的领导者的法律意识仍十分淡薄,“以言代法”、“以权代法”、“以情代法”的现象还在一定范围内存在;另一方面,我国学界对法律意识的研究和探讨也有待进一步深入。有鉴于此,笔者不揣冒昧,拟对法律意识的主要内涵、法律意识成长的社会环境因素以及法律意识培育的途径作一个粗浅的分析,以求教于学界。     

The state of the nation: diversity and the British legal academy

In this short piece, I set out briefly what we know about the challenge of diversity in the legal academy from existing scholarship. That field, in the UK at least, is sparse. I then go on to present a snapshot of the legal academy using data from the Higher Education Statistics Agency (HESA). I do this as the start of a much larger project on diversity and the legal academy that I plan to undertake over the next year. My argument is rather simple. The diversity of the legal academy reflects neither the diversity of our law student bodies nor the diversity of the wider population. Such diversity is vital for a number of reasons. My hope is that this piece can be the start of a dialogue on an important and largely ignored topic, and that further research will be done in this area.     

人事法律体系的性质及其构建

本文认为,公共部门人事法律体系是以促进公职人员履行公共职责为目标,对公职人员与公共机构之间的特别人事权利关系进行的法律规范,属于公法范畴。我国人事立法应明确公共部门人事法律体系与社会一般人力资源管理(劳动)法律体系的区别,制定公职人员基本法,完善分类管理和专项管理法律体系,为建立科学的公共部门人力资源管理制度服务,为构建符合政治民主化、经济市场化要求的、和谐的“官民”关系奠定基础。     

临床法学教育与新世纪法学人才的培养--平等式对话教学方式的魅力

高等法律教育是我国教育事业的一个重要组成部分,担负着为市场经济建设与民主法制建设培养高层次专业人才的重要任务.在更新教育观念,转变培养模式,强化能力培养的教育改革的形势下,作为大学法学院应该教给学生什么?我们不可能在有限的四年时间内教给学生今后一辈子所需的各种法律知识.况且法律变化频繁,知识更新快捷.学校教师传授知识固然重要,但更重要的是教给学生分析、辨别、创造知识的能力.     

Human-centered legal tech: integrating design in legal education

As the legal profession begins in earnest to deploy digital technology in service and information delivery, greater numbers of law schools are including technology instruction in their curricula. The prospect of more lawyers with digital expertise, while a welcome development, amplifies a parallel imperative that new technology tools be designed to be responsive to evolving human needs. This paper argues that coupling technology instruction with training in human-centered design approaches offers legal educators a means of preparing lawyers not only able to generate novel technology solutions, but able to fundamentally improve legal institutions and programs through those results. The use of design pedagogies within legal education also provides educators and students with the opportunity to reimagine the law as a creative pursuit by exploring structured methods like empathy via observation, prototyping, and the embrace of failure, with learning outcomes that hold the potential to transform how lawyers approach their role. This paper concludes by detailing the insights the NuLawLab has gained in the application of design methodologies in the creation of digital legal resources, and the modifications we are adopting to the approach to produce better results for the legal sector.     

Innovation in the Australian legal profession

Over the next decades, advances in technology and new business practices will challenge a traditionally conservative legal profession. With a focus on the Australian legal profession, this article explores the nature of the challenges and, in particular, considers whether the challenges pose a threat of disruptive innovation. The article aims to add to understanding of how Australian law firms are responding to the challenges by drawing on empirical data that examines the drivers and inhibitors of innovation in Australian law firms, the areas where Australian legal firms are innovating, and the outcomes of their innovation. The article concludes that there is limited evidence of incumbent displacement and that, gradually, the profession is rising to the challenges.     

Creating change in the legal system

Focuses on the potential contributions that community psychology models can make to theory, research, and practice in the area of psychology and law. The author, in his presidential address to the American Psychology-Law Society, looks specifically at the criminal and juvenile justice systems and the impact that these systems, and law and policy more broadly, have on individuals. He argues that community psychology perspectives would help shift the focus away from the disproportionate and often incorrect emphasis that our system of justice places on individual deficit models and individual level interventions, and concludes that a community psychology approach would also reinforce efforts to promote prevention programs that in the long term might prove more effective in dealing with the problem of crime in our society.This article is a revised version of the American Psychology-Law Society (Division 41 of the American Psychological Association) Presidential Address, read at the American Psychological Association Convention, Los Angeles, August, 1994. I want to thank Ray Corrado, Steve Hart, John Monahan, Jim Ogloff, Julian Rappaport, Dick Reppucci, Kathy Roesch, and Ed Seidman for their comments and feedback on earlier versions of this paper.Simon Fraser University.     

On the beginnings of foundational legal research into legal discourse

Conclusion The beginnings of foundational legal research require reflective access to the cultural dynamics which drive the social construction of legal reality. Such access is blocked by our naive immersion within commonsensical and policy-orientated attunements towards our experience of law.Since this very blockage is veiled by its own operation, a suspension of these standpoints is required. This allows us to begin to comprehend the way common sense institutes an ungrounded and superficial obviousness through a self-concealing and naively realistic interpretative schema. From here the positive character of foundational legal studies can itself emerge as the systematic interrogation of legal experience in relation to its what, how and forwhom structure. Foundational theorising is then redirected towards a more respectful and less exploitative relationship with the linguistic roots of our consciousness of law.I would like to thank Peter Goodrich for the useful comments made on the first draft of this article.     

完善海商海事立法,推进海运强国、海洋强国战略

《中华人民共和国海商法》是具有前瞻性和先进性的法律,推动了中国航运和贸易的发展.在当前时代背景下,也出现了一定的不适应性.推进海商海事法律理论研究与立法实践,是发展海洋经济,推进海运强国、海洋强国战略的必然要求.     

Engaging with the legal profession and the provision of legal aid/assistance

The state of defamation laws within the Commonwealth poses a significant threat to the right to freedom of speech, expression and information. Within the United Kingdom there is a growing movement for the reform of the procedural aspects of libel law following several high profile cases that have brought the public’s attention to a number of problems within existing libel law. ^{1 1} Significant concern surrounded the judgment in this case and the question of costs MGN Limited v the United Kingdom – 39401/04 [2011] ECHR 66 (18 January 2011). In Jamaica, criminal defamation laws are facing reform and the recommendations for change are continuing to make their way through the legislative process. The pernicious effects of libel actions are amplified within small jurisdictions and there is a serious danger that the crippling penalties on defendants as a result of such actions ‘chill’ free speech and stifle dissent. ^{2 2}Guardian editorial, ‘Press freedom: The Singapore grip’ The Guardian (17 November 2010) <http://www.guardian.co.uk/commentisfree/2010/nov/17/press-freedom-singapore-grip> The Commonwealth Human Rights Initiative (CHRI) an independent NGO working for Human Rights in the Commonwealth, presented a paper to the 2010 Meeting of Law Ministers and Attorneys General of Small Commonwealth Jurisdictions (LMSCJ) on the human rights case for libel law reform in small jurisdictions. ^{3 3}Commonwealth Human Rights Initiative, ‘Overview of Media Freedom and Defamation: The Human Rights case for Libel Law Reforms in the Commonwealth’ (LMSCJ Paper, Commonwealth, Secretariat, Marlborough House, London). This paper was produced at the London officer of CHRI – written by Frederick Cowell with research assistance from Catherine Fischl, Alix Langrounat and Sirintiya Robberts. This is a summary of the research and the paper presented at the LMSCJ meeting. The basic findings were that the presence of criminal defamation laws on the statute books and procedural aspects of civil defamations laws posed a threat to the realisation of freedom of speech and CHRI put a series of recommendations to the delegates calling for reform in these areas.     

知行合一经世致用——德国法学教育再述

在德国,当一个握有完全中学(Gymnasium)毕业证书的人选择研习法律专业时,除了像其他大学候补生一样,为着要去享受一下人生旅程中那一段自在逍遥的大学时光和对未来神圣而又富足的职业的愉快憧憬外,那摆在她/他面前德国现行的约5000个法律,约90万个条例,〔1〕使她/他感到,不仅在     

Racial prejudice in the canadian legal system

The effects of defendant and victim race and the impact of judicial instructions on defendant verdict were examined using a simulated videotaped rape trial. Subjects were 243 Canadian university students randomly assigned to one of eight conditions. Subjects were asked to assume the role of juror and to view a videotape of a simulated rape trial. The results indicated that the defendant's overall attractiveness or “positive appeal” was the best predictor of defendant guilt, above and beyond defendant race. Neither victim characteristics nor the presence of judicial instructions was found to have predictive utility. Results are contrasted with findings from simulation studies in the United States.     

论刑法分则中的法定拟制

在我国刑法分则中，有一部分属于拟制条款。本文对刑法之所以规定拟制条款的原因、拟制条款蕴涵的消极因素以及如何规范和使用拟制条款等问题进行了相应的分析和论证。