Reproductive technologies and the legal determination of fatherhood

In Re D is the most recent in a line of cases to raise problems with the determination of legal fatherhood under s.28(3) of the Human Fertilisation and Embryology Act 1990. The judgments in In Re D are interesting in particular because they demonstrate the growing currency of the idea that a child has a right to ‘genetic truth’. They also further evidence the ‘fragmentation of fatherhood’. This case is best understood as part of a complex and ongoing negotiation of men’s role in the family in the light of shifting family forms.     

Feminist legal theory and practice: rethinking the relationship

This article aims to contribute to the question of how to conceptualise the relationship between theory and practice in feminist scholarship in law. It looks in detail at the implications of different issues raised in a recent debate between Anne Bottomley and Ngaire Naffine on the existence of a “legal feminist orthodoxy”. I critique the dominance of ethics over politics and join Bottomley in her attack upon “the ethics of respect for the other”, albeit from a different position. I then look at the ways in which the problem of “essentialism” is being rethought from a feminist perspective.     

网页作品的客体及其法律地位分析

互联网作为新兴的传播媒体,主要是以网页的载体形式快速实现信息的交流互换。虽然网页作品在知识产权法上的地位还未为确定,但通过细化分析,其应当是整合了域名、界面作品、邻接程序的综合性作品,而廓清网页作品的客体内涵,既有利于准确定性其法律地位,也有利于对其进行综合性保护。     

青少年法制观念培养途径探析

在现代社会中 ,如何对青少年进行法制道德教育是一个不容忽视的课题。我们培养青少年的法制观念 ,必须从社会、学校、家庭 3个途径入手 ,做到综合治理 ,才能实现以法治国、以德治国的宏伟目标。     

我国上市公司MBO中的法律问题透视

MBO(Management Buy—out)是近年来上市公司激励管理层的流行手段。但由于存在许多法律问题,上市公司MBO在实际运作中已出现了种种不规范操作的现象。这些法律问题包括收购主体问题、收购资金来源问题、定价问题、信息披露问题、相关主体的利益平衡问题、MBO后的公司治理问题。要有效地解决这些问题,必须清除现行的法律障碍,完善上市公司MBO相关立法,并加强对上市公司MBO的法律监管。     

Fighting rural poverty,inequality and low productivity through legal empowerment of the poor

The purpose of this essay is to introduce the work of the Commission on Legal Empowerment of the Poor (CLEP) to the broader academic community interested in the challenge of eradicating rural poverty and promoting the structural and institutional changes which underpin such a challenge. While rural development research in the past has included work on several components of the legal empowerment of the poor (LEP) agenda such as property and labour rights, much less attention has been given to the other two pillars of the framework – access to justice and rule of law and business rights – which together constitute the four pillars of LEP. However the real difference and value added is the power of the systemic interaction among the pillars and the empowerment approach to change. In this approach, change is initiated bottom up with legal identity, organisations, information, and voice of the poor. In other words an active citizenry, complemented by a democratic and effective state. None of this happens naturally as vested interests and skewed power and asset relationships are bound to get in the way of change to greater equity. Such change is only likely to come through iterative contestations between organisations of the poor, the middle class, and the state. This approach is not presented as a panacea but one which will hopefully complement and accelerate what is already working.     

When two become one: sexuality studies and critical studies of men and masculinities

Men think about sex … a lot. Is this a problem or is this a site for reformation? In this paper, we set out to think actively, deeply, about the question of sexuality, to penetrate the limits of men and masculinity studies, and to tease at a range of questions that it seems the field is not attending to for any number of reasons. When men’s studies scholars speak of sex, we often speak of rape culture, violent sex, ideas of entitlement to sex, sex workers and pornography. Many of these approaches would be framed and understood by many as ‘sex negative.’ This paper sets out to think about what a ‘sex positive’ vision of men’s studies might look like – and also to ask if a sex positive vision of the field is even possible, desirable or necessary. In this paper, we braid together sex positive feminist theory, queer theory and men’s studies to complicate the matter of sexuality, both as an actual site of the kinds of things we do, and as a site of psychic and affective possibility.