Liberal republicanism and the role of civil society

This article argues that political liberalism is best placed to accommodate the insights of the civic republican tradition in political theory. Political liberalism is described and its compatibility with certain interpretations of republicanism demonstrated. The reasons why the republican liberal values active citizenship are explained in the context of civil society and the overall theory is defended from the charge that it is an unstable compromise. It is argued that civil society is an essential precondition of liberal democracy.     

Client participation in paid sex markets under alternative regulatory regimes

To help inform the design and review of alternative public regulatory policies towards paid adult sex markets, this study uses economic reasoning to explore the nature of client participation. This is a timely focus given the increasing consideration and movement towards a greater role for demand-side policies and regulation that has emerged in some countries to complement, or, in some cases, even replace elements of supply-side regulation and policy. The analysis is based upon a time allocation model that characterises the nature and balance of incentives facing clients under various public regulatory regimes. The regimes considered range from the status quo in England, Wales and Scotland, to varying levels of state involvement or direction, featuring, inter alia, supplier registration, public health inspections and locational restrictions. All of these are shown to affect in various ways the extent to which risk, income and other factors can influence the pattern and intensity of leisure time usage, which is a key requirement for client participation in paid sex markets.     

Frontier Vigilantism? Australia and Contemporary Representations of Australian Antarctic Territory

This article considers the way in which recent commentators have represented Australia's relationship with Antarctica including current and future challenges. While successive Australian governments from the 1950s onwards have sought inter alia to develop and protect the country's southern oceanic and Antarctic interests, concern has persisted about the activities of other parties. The signing of the 1959 Antarctic Treaty helped to ensure that the territorial status quo prevailed with regard to the Australian Antarctic Territory. The entry of the United Nations Law of the Sea Convention (UNCLOS) into force in 1994 created new opportunities for further expressions of sovereign rights in this region. While mindful of the evolving legal geographies affecting Antarctica, our paper asks a series of questions about this relationship with the far south: how has Australian national identity been informed and influenced by Antarctic engagements? Will UNCLOS actually weaken the Antarctic Treaty System? Finally, do contemporary Australian pronouncements on the Antarctic hint at anxieties reminiscent of the 1950s? We conclude with a warning that nationalistic evocations may well unsettle a delicate balance concerning the Southern Ocean and disputed ownership of Antarctica.     

罪等划分及相关制度重构

在国外刑事立法中已有罪分轻重的规定,我国刑事法中也存在隐性的罪分轻重.但相互之问多有冲突.基于统一立法中罪等划分标准、遏制刑罚攀比以及为实现轻轻重重刑事政策的需要,我国应该在刑法中明确规定罪等划分条款.罪等划分的依据有两种:一是实质性按罪的社会危害性、人身危险性对罪等进行划分;二是基于法定刑做形式上的划分.在我国,以五年和十年作为标准将罪分为三等较合适.根据该划分标准,我国刑事实体法和程序法应做一系列调整.     

Location and Assessment of an Historic (150–160 Years Old) Mass Grave Using Geographic and Ground Penetrating Radar Investigation,NW Ireland*

Abstract: Reburial of human remains and concerns regarding pathogens and pollution prompted the search for, and assessment of, a 156-year-old graveyard. To locate this graveyard, historic and anecdotal information was compared to landscape interpretation from aerial photography. To assess and map the contents, surface collapses, metal detector indications, and ground-penetrating radar (GPR) were used. Some 170 anomalies compatible with burials were identified on 200 MHz GPR data, 84 of which coincided with surface collapses, suggesting both noncollapsed ground, subsequent infill, and multiple inhumations. The graveyard was possibly split into Roman Catholic plots with multiple inhumations; Protestant plots; and a kileen, or graveyard for the unbaptized (often children). The work serves as one approach to the location and mapping of recent and historic unmarked graves.     

Social Construction of National Reality: Tibet and Taiwan

This paper uses the theory of social construction of reality deriving from the writings of Max Weber, Alfred Schutz, Thomas Luckmann and Peter Berger to explain the origin of national identity and hence the emergence of a nation. It argues that social construction of national reality originates from everyday life experience taken for granted during the process of socialization. Individuals make sense out of the external world. Experiences taken for granted become actor’s stock of knowledge. A common scheme of knowledge shared by the community serves to differentiate in-group (nationals) and out-group (foreigners). Collective consciousness thus defines national identity and hence a nation. Unless people (both in-group and out-group) interact with and learn from each other, different stocks of knowledge taken for granted will create political tension. This theory will be applied to understand the tensions in Tibet and along the Taiwan Strait. The paper further argues that Taiwan can hardly separate from mainland China in the future, while strong Tibetan consciousness continues to defy against powerful Chineseness, resulting in endless upheavals in the region.