Money,Mortgages, and the Conquest of America

In colonial America, land acquired new liquidity when it became liable for debts. Though English property law maintained a firm distinction between land and chattel for centuries, in the American colonies, the boundary between the categories of real and personal property began to disintegrate. There, the novelty of easy foreclosure and consequent easy alienation of land made it possible for colonists to obtain credit, using land as a security. However, scholars have neglected the first instances in which a newly unconstrained practice of mortgage foreclosure appeared—the transactions through which colonists acquired land from indigenous people in the first place. In this article, I explore these early transactions for land, which took place across fundamental differences between colonists’ and native communities’ conceptions of money, land, and exchange itself. I describe how difference and dependence propelled the growth of the early American contact economy to make land into real estate, or the fungible commodity on the speculative market that it remains today.     

Contesting Legality in Authoritarian Contexts: Food Safety,Rule of Law and China's Networked Public Sphere

Since the introduction of the Internet, China's networked public sphere has become a critical site in which various actors compete to shape public opinion and promote or forestall legal and political change. This paper examines how members of an online public, the Tianya Forum, conceptualized and discussed law in relation to a specific event, the 2008 Sanlu milk scandal. Whereas previous studies suggest the Chinese state effectively controls citizens' legal consciousness via propaganda, this analysis shows that the construction of legality by the Tianya public was not a top‐down process, but a complex negotiation involving multiple parties. The Chinese state had to compete with lawyers and outspoken media to frame and interpret the scandal for the Tianya public and it was not always successful in doing so. Data show further how the online public framed the food safety incident as indicative of fundamental problems rooted in China's political regime and critiqued the state's instrumental use of law.     

邓小平关于实现中华民族伟大复兴的思想

作为党的第二代中央领导集体的核心,邓小平对如何实现中华民族伟大复兴进行了积极的理论探索,为以习近平为总书记的党中央明确提出中国梦战略思想提供了重要思想资源。邓小平提出,实现中华民族伟大复兴,必须推进社会主义现代化和提高人民生活水平,必须实施"三步走"战略,必须建设中国特色社会主义,必须大力建设社会主义精神文明,必须巩固和发展爱国统一战线,必须实行"一国两制",必须坚持独立自主的和平外交政策,必须选择培养接班人。     

Views on China’s New Strategies

<正>Since China initiated its economic reform at the end of the 1970s,it has grown significantly,at a rate of more than 8-9percent every year.Through rapid economic growth,the nation’s income per capita has increased significantly while economic growth indicates there is only an increase of average income independent of income inequality and     

Canadian prime ministers in the house of commons: Patterns of intervention

This paper explores the parliamentary activity of six Canadian prime ministers from St Laurent to Mulroney. Employing Hansard, each parliamentary utterance by a prime minister from 1949 to 1993 has been coded into one of four categories: answers to questions, speeches delivered, statements made and other interventions. Voting records have also been coded. Employing this database, the analysis compares and contrasts the prime ministers in terms of their political personalities and explores the overall scope and character of prime‐ministerial activism in the House throughout the past 40 years. Canadian profiles are compared with already existing British data in order to test generalisations concerning the diminishing presence of prime ministers in parliaments in Canada and Britain.     

论通谋虚伪结婚的法律效力

俗称的假结婚、虚假结婚在法律概念上宜认定为是通谋的虚伪结婚,它是指男女双方缔结婚姻时约定不建立婚姻共同生活的情形,特点是意思与表示不一致,属于意思表示存在瑕疵的情形。对其法律效力,各国大致存在着无效与可撤销两种立法例,是否援用民法关于通谋虚伪行为的一般规定也存在不同。此外,有的国家法律还允许虚假结婚行为的效力在法定情形下从无效、可撤销转为有效。对通谋的虚伪结婚,不能简单地援用民法总则的一般规则一律将其效力归为无效,而应当在原则上将其规定为可撤销,特殊情况下为有效。法律不能完全漠视已存在的婚姻事实和已经形成的家庭关系,在已经存在夫妻共同生活或者双方生育有子女的情形下,法律应当认可通谋的虚伪结婚有效,不允许撤销或无效。至于第三人利益的保护问题,笔者主张原则上采用表示主义,以意思主义作为补充。此外,对于通谋虚伪结婚在其他法域的效力,也需要注意保持不同法域之间在逻辑上的一致。