法治不可能性辨析

没有哪个共同体已经完全实现了“法治”理想。对这一理想的内涵的困惑 ,似乎使得这一理想必然遥不可及 (亦即一个“含糊不清的理想”)。法律体系必定包括一些模糊的法律 ,它们典型地允许着法律中的权变 ,典型地支持着许多无法审查的官方决定 ,并且从来就不会对一个共同体生活的每一方面都加以详尽规范。法治理想似乎永远无法实现 ,正是由法律实践活动的这些特征决定的。在这里 ,我要追问的是 ,究竟是什么造成了法治中的“欠缺”( deficit) ;我将证明 :法律实践活动的这些特征并不一定导致“法治欠缺”的产生。我的结论是 ,共同体之所以不能实现法治 ,仅仅是因为政府对法治信仰的不忠 ,以及立法者没有真心追求法治理想 (或者说 ,他们制定的规则没有追求法治 )。法治并非必然难以实现。     

The Evolution and Devolution of Speed Limit Law and the Effect on Fatality Rates

The three most recent decades provide an outstanding opportunity to study the changing federalist landscape concerning the regulation of speed on the nation's highways. Speed limits were the province of the states until the 1970s when, in an effort to save energy, the central government nationalized the maximum speed at 55 miles per hour. The national standard remained until the 1980s, when a partial devolution transferred some power to set speed limits back to the individual states. At that time, states could increase the maximum speed to 65 miles per hour on (at fewest) four‐lane, controlled access highways in low population density areas. Some states elected to loosen the limits within their borders, while others did not, citing concerns of highway safety as paramount. The 1990s saw the complete devolution of speed limit control to the states, when Congress returned to the states unlimited control. States reacted differently in both of the two latter phases, providing a fruitful landscape for comparative analysis of the effects of the devolution of speed limit control. The focus of this research is to examine which states raised the speed limits at the two stages of devolution, and what the subsequent effects were. I examine the issue of highway safety as a consequence of speed limit change, comparing states to elucidate differences to determine effects. Analysis of highway deaths per mile driven indicates that the nationalization of the 55 miles per hour contributed to an initial greater decline in the former than had been the trend, but the long‐term decreasing trend pattern reemerged following the shock of the change in federal speed limit policy. Additionally, the speed limit devolution and resulting raising of speed limits in certain states did not lead to a statistically significant rise in fatalities per miles driven. Automobile safety features and enforcement emerge as important factors in increasing highway safety; speed limits are far less important.     

Invoking Indignation: Reflections on Future Directions of Socio–legal Studies

The Research Assessment Exercise has produced some very unequal results. Lawyers are now three times more likely to be in grade 5 or 5* departments than social policy colleagues. The paper begins with a light–hearted theoretical explanation of these results to make the serious point that an old fashioned notion of power and a simple analysis of the available data can produce important insights into what is happening in the real world – a research paradigm which the RAE has discouraged. The paper then makes a number of criticisms of current theoretical endeavours in sociolegal studies: the confusion over what is meant by theory, its fixation on deconstruction and a Foucauldian notion of power, and the neglect of universal categories. The central argument is that sociolegal studies needs to focus more on the materiality of everyday life and, in particular, the growing inequalities in the world and the role that law and legal institutions play in the structuring of these inequalities. In conclusion, the paper argues that as sociolegal scholars we need to analyse the impact of our decisions on others and to take a stand against unfair and unjust distribution of resources whether at the local, national or international level. We need a vision of a just society which is informed by moral indignation.     

Accidental death with tear gas pen gun: a case report.

A case of accidental death resulting from a dropped tear gas pen gun is described. Tear gas pen guns can be easily altered to fire regular ammunition and can accommodate a variety of ammunition. Other similar pocket-sized weapons are mentioned.