Continuity and Change in Legal Positivism

Institutional theory of law (ITL) reflects both continuity and change of Kelsen's legal positivism. The main alteration results from the way ITL extends Hart's linguistic turn towards ordinary language philosophy (OLP). Hart holds – like Kelsen – that law cannot be reduced to brute fact nor morality, but because of its attempt to reconstruct social practices his theory is more inclusive. By introducing the notion of law as an extra-linguistic institution ITL takes a next step in legal positivism and accounts for the relationship between action and validity within the legal system. There are, however, some problems yet unresolved by ITL. One of them is its theory of meaning. An other is the way it accounts for change and development. Answers may be based on the pragmatic philosophy of Charles Sanders Peirce, who emphasises the intrinsic relation between the meaning of speech acts and the process of habit formation.     

论行政诉讼中先予执行制度的几个问题

先予执行,是指人民法院在判决确定之前裁定由给付义务的人,预先给对方部分财物,或者为一定行为的法律制度。先予执行在行政诉讼中并未引起应有重视,也没有发挥出其应有的价值。从行政诉讼角度重新审视先予执行制度,会发现有一些问题存在,尚需完善,尤其是先予执行的行为,尽管有很强的实践意义,但实施起来却困难重重。     

Technological innovation in law enforcement

Using data from two studies an analysis was made of producers' involvement in marketing new law enforcement equipment and of how law enforcement organizations came to adopt/reject these products. In general, the new product system in law enforcement was seen as involving 1) producers using technologies developed in other sectors to make “new” products for law enforcement users who 2) tend to not actively search for new products but wait to be made aware of new product developments and who 3) tend to engage in limited testing procedures.     

美国统一商法典简介

<正> 美国统一商法典是普通法法系中一部具有美国特色的商法典。法典采用了制定法的形式,同时保留适用普通法、衡平法。商事法作为法典的补充,法律渊源主要是制定法和判例法的混合。在结构体例上,划分为总则和各章。总则指导各章,但只涉及动产交易,即无规定公司、合伙,也不专列海商。破产,在适用对象上,法典不但适用于以商人为一方的交易,而且适用于一般消费者交易。法典的基本特征是:民商合一,自成一格,周全详尽,灵活实用,较好地兼顾了历史和现实的关系,又为未来的发展留下余地。许多规定反映了当代商业和交易的最新要求,是国际上承认的准则。     

The technological gatekeeper: Evidence in three industries

Previous studies have developed the concept of the “technological gatekeeper” as one who is integral in the diffusion of scientific and technical information from the environment into the R&D firm. Gatekeepers have been found in firms operating in environments with rapidly changing technology. Using data from six firms in three industries, the present study found the gatekeeper phenomenon extends to firms with less rapidly changing environments. Thus, the gatekeeper construct becomes important to any firm with a R&D mission. Additionally, many of the sociometric and demographic characteristics of gatekeepers were validated in new research settings.     

Mozambican refugee resettlement: survival strategies of involuntary migrants in South Africa

Five cases of individual Mozambique refugees who settled in the Rhulani settlement in the Gazankulu homeland of South Africa during the Mozambique civil war reveal that successful resettlement at war's end is dependent on living conditions in the home versus the refugee camps for Rhulani refugees. The case studies were selected from open ended interviews with about 48 individuals. Push factors are identified as follows: autonomy in refugee camps, level of support for refugees returning, the process of refugee settlement in camps and the level of socioeconomic development among exiled refugees, and the perception of refugees of safe political conditions in areas of origin. Pull factors are identified as level of cohesion in the refugee community, ethnic ties with the host community, and long length of stay and greater acculturation. The General Peace Agreement in 1992 and collaborative planning resulted in Rhulani refugee resettlement in areas of origin and refugees' return to Rhulani. The Mozambique resettlement areas were not viable settlements with access to productive activities and services but land and infrastructure ravaged by war. The Rhulani settlement included about 3000 refugees who lived across the road from the village of Lillydale (Nkwinyamahembe) in Mhala district. Most refugees came from the Magude province of Mozambique (Mapulanguene, Macaene, Chikwembu, and Savele villages). The case studies provide information about the nature of the involuntary migration, the stresses and adjustment strategies of refugees, and the physical and sociopolitical context of the process of settlement and resettlement. The case studies profile some of the refugees' experiences. This refugee population is unique in receiving little relief activity and by the role of the homeland government in restricting gainful employment, owning livestock, and use of only a 22 square meter plot of land. The case studies include a spokesperson for the refugees in the camp, an older man who had been a labor migrant in the South African mines, a woman whose husband had been a labor migrant, a 9-year-old child traveling with two sisters and his maternal grandfather, and a 55 year old former labor migrant and long-term Rhulani refugee resident.