论仲裁员的管辖权与可仲裁性问题

针对仲裁员的管辖权与可仲裁性这两个容易混淆的问题,结合有关国际公约和各国法律分别进行深入探讨,并对中国当前存在的问题提出了建议.     

THE DELINQUENCY OF CHILDREN BORN TO YOUNG MOTHERS: RESULTS FROM THE ROCHESTER YOUTH DEVELOPMENT STUDY*

This paper examines the relationship between a mother's age at first childbirth and the delinquent behavior of her children. Using data from the Rochester Youth Development Study (RYDS), an ongoing longitudinal study of adolescent development, we found that children born to mothers who began childbearing at a young age were more prone to general delinquency, violence, and arrest than were children born to mothers who began childbearing when they were older. This “early first‐birth effect” was far larger in white and Hispanic families than in African‐American families. Mediating analyses found that the early first‐birth effect was most attributable to the unstable composition of families in which early childbearing occurs. That said, a substantial portion of the effect remains unmediated.     

A LATENT TRAIT APPROACH TO UNIFYING CRIMINAL CAREERS *

We propose a latent trait model that simultaneously accounts for both participation in crime and the frequency of crimes, phenomena that the criminal career model attributes to different causal processes. The criminal career model is predicated on a categorical distinction between active offenders and nonoffenders, but the latent trait model assumes a continuous distribution of propensity to offend. Our specific statistical model relates a relatively stable and general latent propensity to engage in crime to the frequency of criminal behavior. The latent trait model successfully fit both the proportion of offenders (participation) and frequency of offending for several samples and several measures of offending. The model fit both samples of whites and nonwhites and both males and females. This shows that separate causal processes are not necessary to account for group differences in frequency and in participation, which disproves the major evidence in favor of the criminal career model. Finally, the latent trait model yielded evidence that disparate sex differences in rates of participation for different categories of offenses are consistent with a single difference on a latent trait. This demonstrates the latent trait model's potential for parsimoniously unifying knowledge about criminal careers.     

THE TIMING OF COURT PROCESSING: TOWARDS LINKING THEORY AND METHOD*

The time required for a case to traverse the criminal justice system is of central importance to participants. Time translates into issues of efficiency and is likely to be closely related to the cost of a case. The role of time has, however, largely been ignored in studies of court processing, though it has a history in the sociology of law. This research uses event-history data from California to model the effects of offense, offender, and processing factors on the time it takes to move a case from entrance into the system at arrest to disposition by guilty plea or trial. A model that mirrors the dynamics of case processing is used to assess the dependencies of inertial forces on case and defendant characteristics This focus on the processing time to each of the potential outcomes allows for the linking of theories and methods of processing.     

Punishment and Justice in Adam Smith*

Abstract. The modern interpretation of Smith as a retributive theorist of punishment is challenged in favour of a view of his work as containing a curious amalgam of retributive and utilitarian elements. This unsynthesised theoretical compound accounts for many of the contradictory positions assumed by him, examples of which are given in the article. At the level of “punishment” (i.e., punishment considered without a political dimension), the retributivehtilitarian dichotomy is observed in his discussions of merit and demerit (which are utilitarian in their logic) and propriety and impropriety (which are retributive). At the level of state punishment, the same dichotomy is seen in his juxtaposition of considerations of individual justice and the political ends of punishment. A final section locates Smith's “double cleft stick” theoretically in his position on the one hand in the Hobbesian materialist tradition and on the other in his historical stance half-way between the individualism of the contractarians and the full blown utilitarianism of Bentham.     

The 'Little Big Bang' in Paris: financial market deregulation in a dirigiste system

Abstract. French dirigisme since World War II has been identified at four levels: economic planning; the dominance of a neo-colbertisre civil service elite; Gaullism and the Fifth Republic; and a state-led, credit-based system for financing industry. The last of these was seen by Zysman (1977, 1983) as the strategic core of dirigisme , as in Japan, through state control of industrial purse strings. Paradoxically, it was the Socialist Governments of 1981–86, in response to deregulation elsewhere, which initiated extensive capital market reforms intended to replace the state-led, credit-based system with an 'arms-length' financial market system. These continued under the right-wing Chirac Government. However, the reform process itself has been state-led rather than market-led; and both rigidities in the markets and shortcomings in the reforms have been highlighted by the October 1987 crash. Much dirigisme of a tactical kind remains, but the state's potential for strategic intervention has been reduced.     

A Commentary on Victimization Research and the Importance of Meaning Structures

This article examines the largely atheoretical tradition of victimization research and some of the unintended consequences of work in the area. In using a legalistic definition of crime, victimization research has failed to incorporate the public's definition of crime and victimization. While “street” and property crime have a decided impact upon people's lives, the consequences of real or alleged corporate and political crimes also affect people's concep-tions of their lives. The authors outline the beginnings of a theoretically apposite reinterpretation of perceptual victimlogy findings and related methodological concerns, and suggest ways that social scientists can become actively involved in the debunk-ing of the “crime wave” mentality perpetuated through the media by providing alternate interpretations of crime statistics.