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MARTIN KRYGIER 《Ratio juris》1988,1(1):20-39
Abstract. The author begins by sketching the characteristics or elements of every tradition. Some reasons are then suggested for the propensity of so many authors to contrast statutes with other, allegedly more traditional kinds of law. However, it is argued that statutes are deeply embedded, along with customary and judge-made law, in the highly traditional practices of law and that this matters much more than is commonly suspected. The thesis being defended here is not merely that law includes traditions along with rules, principles, maxims, and so on, but rather that legal systems should be understood as traditions, albeit highly complex ones. Not only are ancient legal systems (the Talmudic, for example) held to be traditional; modem legal positive orders are viewed as being traditional too. Finally, the concept of “communities of interpretation” is applied to the contemporary posited statutes which are believed by many to be a distinguishing feature of modem legal systems. 相似文献
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A hitherto unremarked peculiarity of homicide in the United States is that women kill their husbands almost as often as the reverse. For every 100 US. men who kill their wives, about 75 women kill their husbands; this spousal “sex ratio of killing” (SROK) is more than twice that in other Western nations. Our analyses of spousal homicide samples from the United States, Canada, Australia, and Great Britain indicate that this contrast cannot be attributed to greater gun use in the United States, nor to a domain-general convergence of the sexes in their uses of violence. Significant predictors of the spousal SROK include registered versus de facto marriage, coresidency versus separation, ethnicity, and age disparity, but the impacts of these variables are not sufficient to explain the differences between US. and other nations’victim sex ratios. 相似文献
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Comparative data are presented assessing trends in the juvenile crime rates for Japan and the United States over the past decade. Both court and arrest records show that the rate of juvenile crime has increased substantially in the United States while remaining essentially stable in Japan. The analyses demonstrate that this conclusion holds even when appropriate controls are introduced for the age groups involved. Suggestions are made for future research that might explain the differences reported for the two nations. 相似文献
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MARTIN J. LUBY 《Public Budgeting & Finance》2012,32(4):46-70
The American Recovery and Reinvestment Act of 2009 (ARRA) included several new federal programs intended ostensibly to “unfreeze” the credit markets as a result of the global financial crisis. One such program, the Build America Bond (BAB) program, aimed to lower the borrowing costs for state and local governments by increasing their access to capital and providing a more generous federal subsidy than the traditional indirect tax exemption subsidy. BABs are taxable bonds sold by subnational governments, which carry a 35 percent direct federal payment subsidy to the borrower. In creating this program, the federal government hoped that the large direct federal subsidy along with greater potential investor interest in taxable securities would result in lower borrowing costs for state and local governments vis‐à‐vis traditional tax‐exempt bonds. This research study examines the relative effectiveness of the BAB program and details the various quantitative and qualitative implications on federal and subnational budgeting by moving from an indirect to a direct federal subsidy approach in facilitating state and local government capital raising. 相似文献
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The Scottish National Party (SNP) won control of Scotland's devolved government in the 2007 election yet opinion polls show no majority for its objective of independence in Europe. While the party is adept at exploiting short‐term political opportunity structures in the wider British context, as well as appealing to the ‘opinion electorate’, it appears less successful at persuading a majority of Scottish voters to agree with its core ideology. Helpful parallels can be drawn between 2007 and the last time the party polled over 30 per cent of the popular vote in Scotland at the 1974 (October) British General Election—then, as now, the Scottish voter appears to be willing to distinguish between party and policy. 相似文献