新老法律现实主义:“今非昔比”

追溯从1920—1930年代的法律现实主义流派到“法与社会研究”40年的学术发展史,可以看到今天的法律、政治或社会环境与早期法学现实主义所处的环境已全然不同,在“法与社会研究学会”成立40年之后,新法律现实主义作为社会环境和法律界观念变革的结果应运而生,预示着一种法学研究的新趋势。新法律现实主义将努力克服前辈的局限性和不足,积极倡导一种自下而上的经验研究方法,强调对法律作用的认识和制度的建构应该从事实出发,主张进一步推进法与社会的互动,以及法律教育与法律职业的改革。今天,时代开始转变,更多的人开始关注法律是如何运作的,而不是仅仅拘泥于上诉法院的判例和精美的理论。随着社会科学和经验性研究的方法逐步被法学界所接受,法学和法律教育的变革已经开始。     

State, Citizen, and Character in French Criminal Process

This paper charts some major differences in the way in which evidence of the defendant's character is treated in France when compared with practice in England and Wales. Such evidence is more pervasive and visible (especially in the most serious cases) and its relevance is more broadly defined. Further, its presentation is shaped by a developed and positive conception of the French citizen. In part, these differences may be explained by differences in procedural tradition: the unitary trial structure in France, the dominance of fact—finding by the professional judiciary, and the rejection of general exclusionary rules of evidence. But a full explanation requires French legal culture to be understood in the context of French political culture. This reveals a very different conception of relations between state and citizen to that of Anglo-Saxon liberalism. As a result the legitimacy of trial is seen in terms of the rehabilitation of the accused as a citizen of the state rather than simply the punishment of a particular infraction.     

Findings in fatal cases of poisoning attributed to traditional remedies in South Africa.

An analysis of the Johannesburg forensic database over the years 1991-1995 revealed 206 cases in which a traditional remedy was either stated to be the cause of death or was found to be present in a case of poisoning with an unknown substance. The range of toxins detected was wide, with herbal materials being found in 43% of cases, and pharmaceutical or agri-chemicals in 20% and 33% respectively. Since there are as yet no standard methods for the detection of many herbal remedies or their metabolites, careful analysis, using methods such as HPLC/MS, are mandatory for the correct identification of the true cause in cases of poisoning ascribed to traditional remedies.     

Palestinian youth and non-formal service-learning: a model for personal development,long-term engagement,and peace building

Palestinian youth face developmental, cultural, and political barriers that impede them from fully engaging in civic life. Non-traditional, youth-centred pedagogies of engagement, like community-based service-learning, have shown their potential to motivate marginalised populations and provide space and roles for them to form individual identities while developing civic skills. Using data collected through focus-group interviews, this article considers the impact on West Bank youth who participated in an NGO's community-based service-learning leadership programme. Six themed findings are discussed, and the author suggests that non-school-based service-learning may have a central role to play in the civic-identity development of Palestine's most populous group of citizens.     

Deer stand fatalities in Kentucky: two cases of reverse suspension and blunt force trauma

Hunting many types of wild game is an avidly pursued outdoor activity that attracts all ages and both genders at various times of the year. Deer hunting is a popular sport in many regions of North America. A variety of weapons are used in the hunting, trapping, and killing of game. As a variety of different modalities are used, myriad types of injuries unique to the type of hunting can occur. Most deer hunting-related fatalities identified at the Office of the Chief Medical Examiner in Kentucky are accidental firearm injuries. Less commonly encountered are fatalities resulting from elevation of the hunter in a tree stand, often associated with poor design or construction of the perch. We present 2 tree stand-related deaths. One victim died of positional asphyxia due to reverse suspension from a hunting tree stand. The second victim died of multiple blunt force injuries sustained in a 20-foot fall from a tree stand. We summarize the features of morbidity and mortality related to deer hunting based on investigations by the Office of the Chief Medical Examiner.     

EU update

This is the latest edition of Baker & McKenzie’s column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Does Mode Matter For Modeling Political Choice? Evidence From the 2005 British Election Study

Harold D. Clarke and Marianne C. Stewart School of Economic, Political and Policy Sciences, University of Texas at Dallas, Richardson, TX 75083 e-mail: hclarke{at}utdallas.edu e-mail: mstewart{at}utdallas.edu Paul Whiteley Department of Government, University of Essex, Colchester, England CO4 3SQ e-mail: whiteley{at}essex.ac.uk e-mail: sanders{at}essex.ac.uk (Corresponding author) Although political scientists have begun to investigate theproperties of Internet surveys, much remains to be learned aboutthe utility of the Internet mode for conducting major surveyresearch projects such as national election studies. This paperaddresses this topic by presenting the results of an extensivesurvey comparison experiment conducted as part of the 2005 BritishElection Study. Analyses show statistically significant, butgenerally small, differences in distributions of key explanatoryvariables in models of turnout and party choice. Estimatingmodel parameters reveals that there are few statistically significantdifferences between coefficients generated using the in-personand Internet data, and the relative explanatory power of rivalmodels is virtually identical for the two types of data. Ingeneral, the in-person and Internet data tell very similar storiesabout what matters for turnout and party preference in Britain.Determining if similar findings obtain in other countries shouldhave high priority on the research agenda for national electionstudies. Authors' note: We thank the U.K. Economics and Social ResearchCouncil (ESRC) and Gary Williams, Senior Science Manager atthe ESRC, for their generous support of, and interest in, thisproject. We also thank the editor and anonymous reviewers forhelpful comments and suggestions.