Truth, Reconciliation and Justice: The South African Experience in Perspective

The lecture examines the role and objectives of truth and reconciliation commissions in societies undergoing major political transitions, with particular reference to the model of South Africa, and compares this method to others suggested by international criminal law for accommodating both retributive and restorative responses to past conflicts and crimes against humanity.     

Researching Restorative Justice: Politics,Policy and Process

The purpose of this paper is to explore some questions around the process of engaging in research in restorative justice in the contemporary political and economic climate of the UK. Its key concern is to endeavour to create a framework in which it is possible to develop an understanding of the process whereby restorative justice was transformed from the ‘dead duck’ of the late 1980s to its current popularity. It takes as its example for understanding this transformation the problems and possibilities of engaging in research in restorative justice and how such research needs to be contextualised within a wider understanding of the policy and political process. This paper does not set out to offer any answers to the questions it raises, but is primarily concerned to bring to the fore some of the absences that can be detected within the contemporary embrace of restorative justice in the UK.     

Hate Speech and the Epistemology of Justice

In ‘The Harm in Hate Speech’ Waldron’s most interesting and ground-breaking contribution lies in a distinctive epistemological role he assigns to hate speech legislation: it is necessary for assurance of justice, and thus for justice itself. He regards public social recognition of what is owed to citizens as a public good, contributing to basic dignity and social standing of citizens. His claim that hate speech in the public social environment damages assurance of justice has wider implications, I argue: for hate speech conducted in private; for pornography; and indeed for any speech that thwarts knowledge of what justice requires.     

Hobbes on Political Authority,Practical Reason and Truth

The role of sovereign authority in Hobbes' political philosophy is to establish peace and stability by serving as a definitive and unambiguous source of law. Although these broad outlines of Hobbes' account of political authority are uncontentious, matters quickly become more complicated once one seeks its normative basis. This much is evident from recent debates on the normative status of the laws of nature and the related issue as to whether Hobbes is better categorised as an incipient legal positivist or as a heterodox natural law thinker. In this paper I argue that although the positivist and natural law commitments in Hobbes' theory of political authority can be partially reconciled, such a reconciliation points to the need for more substantive theories of practical reason and truth than are to be found in Hobbes' official statements on these topics. Section II examines the positivist and natural law dimensions in Hobbes' thought and suggests that the role of sovereign authority in providing the definitive interpretation of the laws of nature allows a partial reconciliation to be effected. In section III, I consider the tension between this reconciliation and Hobbes' instrumentalism about practical reason and equivocal separation of authority and truth.     

真相与正义，探究与辩护，科学与法律

在美国法律文化塑造下的对抗制诉讼制度和科学的调查程序之间存在着紧张关系（tension），在法律所关注的裁决终局性（finality）和科学所追求的持续性纠错（oven—minded fallibilism）之间存在着紧张关系。长期以来，法律界都试图通过可采性法律规则归化科学证言，结果导致联邦法官担负起广泛的审查职责；近期，法庭指定专家的制度实践导致对抗制度做出某些修正，这种制度实践已经被批评为“带有纠问色彩”（inquisitorial），甚至“违背了民主的要求”（undemocratic）。在分析这些制度利弊的过程中，我们有必要考察其他法律系统的经验教训。     

Truth and Justice, Inquiry and Advocacy, Science and Law

Abstract. There is tension between the adversarialism of the U.S. legal culture and the investigative procedures of the sciences, and between the law's concern for finality and the open‐ended fallibilism of science. A long history of attempts to domesticate scientific testimony by legal rules of admissibility has left federal judges with broad screening responsibilities; recent adaptations of adversarialism in the form of court‐appointed experts have been criticized as “inquisitorial,” even “undemocratic.” In exploring their benefits and disadvantages, it would make sense to look to the experience of other legal systems.     

Truth as Justice: Investigatory Commissions in Latin America

In recent years, Latin American countries have sought to come to terms with prior periods of widespread human rights violations, relying increasingly on investigatory commissions. Investigatory efforts have been undertaken by democratically elected governments that replaced military dictatorships, by UN-sponsored commissions as part of a UN-mediated peace process, and by national human rights commissioners. This article examines truth commissions in Chile and El Salvador, an investigatory effort in Honduras, and a proposed commission in Guatemala. It compares the achievements and limitations of these commissions within the political constraints and institutional reality of each country, focusing on four major goals: the effort to create an authoritative account of the past; vindication of victims; recommendations for legislative, structural, or other changes to avoid repetition of past abuses; and establishing accountability or the identity of perpetrators.     

网络证据公开性及其公开时间的认定

主要研究专利无效宣告程序与专利侵权诉讼中的网络证据的公开性和公开时间的认定。以网络证据的基本技术作为逻辑起点分析网站的运行过程，对于网络证据的公开性进行分类讨论，确定网络证据公开时间认定中所涉及到的各种时间点，研究如何根据这些时间点确定网络证据的公开时间，以期对审查实践和司法实践有所帮助。     

M. Salehi,Transitional Justice in Process: Plans and Politics in Tunisia

Netherlands International Law Review -     

司法鉴定——科技对真理和正义的诠释

司法鉴定是人类科技发展的一个重要方面,是法律和科技的完美结合。本文从司法鉴定的构成和司法鉴定的新发展与运用等方面对司法鉴定这一科技分支进行了简略描述。     

Toxic Torts,Politics, and Environmental Justice: The Case for Crimtorts*

The borderline between criminal and tort law has been increasingly blurred over the past quarter century by the emergence of new “crimtort” remedies which have evolved to deter and punish corporate polluters. Punitive damages, multiple damages, and other “crimtort” remedies are under unrelenting assault by neo‐conservatives principally because, under this paradigm, the punishment for wrongdoing can be calibrated to the wealth of the polluter. If wealth‐based punishment is eliminated by the “tort reformers,” plaintiffs’ victories in crimtort actions such as those portrayed in the movies Silkwood, A Class Action, and Erin Brockovich will become an endangered species.