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31.
Western critics are keenly interested in the defense lawyer as an advocate within the human rights movement in China and fear that under the impact of state persecution the defense lawyer is becoming an ‘endangered species’. This article argues that, while there are significant problems, there has also been progress in Chinese lawyering reform that ties together greater professionalism with a new emphasis on due process. The revised Lawyers’ Law of 2007 is an important new benchmark in lawyer reform. This law has challenged the limited dimensions of earlier reform. This law, itself, has been challenged in bureaucratic resistance that is deploying outdated criminal procedural law to negate the reforms supporting the new process and protected lawyer–client relations. The National People's Congress has supported the latter, arguing that it represents the latest in reform and is, therefore, superior to the more restrictive provisions of the 1996 Criminal Procedural Law and supporting public security regulation. 相似文献
32.
This article explores the potential applicability of transitionaljustice ideas to the Israeli–Palestinian context. I arguethat given the particularities of the Israeli–Palestiniansetting, truth and reconciliation would be an essential componentof peacemaking even though this is an inter-societal conflictwhich will likely be resolved only through separation into twostates. Nevertheless, the interstate nature creates challengesto the application of common transitional justice mechanisms.In response to these challenges I offer a model based on anincremental process of narrow mechanisms throughout a long processof transition, rather than one high-profile all-encompassingmechanism in the post-conflict stage. I also suggest that inaddition to issues to be explored jointly by the two societies,such as refugees, prisoner release and compensation for victimsof violence, there could also be internal truth and reconciliationprocesses within each society. Finally, this model is premisedon an important role for civil society initiatives. 相似文献
33.
Shachar Eldar 《Criminal Law and Philosophy》2010,4(2):183-196
The intuition holding that an organized crime leader should be punished more severely than a subordinate who directly commits
an offence is commonly reflected in legal literature. However, positing a direct relationship between the severity of punishment
and the level of seniority within an organizational hierarchy represents a departure from a more general idea found in much
of the substantive criminal law writings: that the severity of punishment increases the closer the proximity to the physical
commission of the offence. This paper presents an analysis of the said intuition and attempts to ascertain its roots. Rejecting
both retribution and deterrence theory as valid explanations, it will be inferred that the imposition of harsher punishment
on organized crime leaders is properly based on the multiplicity of offences for which they are responsible, and not the nature
of their involvement in any specific offence. 相似文献
34.
35.
Ron Witton 《当代亚洲杂志》2013,43(4):467-469
“Liberalism manifests itself in various ways. To let things slide for the sake of peace and friendship when a person has clearly gone wrong, and refrain from principled argument because he is an old acquaintance, a fellow townsman, a schoolmate, a close friend, a loved one, an old colleague or old subordinate. Or to touch on the matter lightly instead of going into it thoroughly, so as to keep on good terms.” Mao Tse-tung, Combat Liberalism, September 7th, 1937.
相似文献
36.
Ron Levi 《Law & social inquiry》2009,34(3):635-669
This article focuses on the legal geography of gated communities. Sociolegal research has paid comparatively little attention to how specific material forms fare within legal contexts. Drawing on work in legal geography and in science and technology studies, this article isolates judicial decisions that deal with the borders of gated communities from other cases involving private homeowner associations. By focusing on these boundary disputes in which outsiders are excluded from the area, this article finds that courts are resisting the localism presented by gated communities and are instead articulating a social imaginary in which the landscape flows uninterrupted by the exclusionary presence of gates. In contrast to the privatopia literature, this article finds that courts are not complicit in promoting neoliberal visions of community. The social imaginary being developed by courts resists the spatial differentiation of gated communities, producing in its place a thoroughly modern polity in which legal, economic, and political relations flow easily between those inside and outside the gate. 相似文献
37.
Although scholars have devoted considerable attention to the formation, modification, and dissemination of knowledges in and around the legal complex, few systematic inquiries have been made into the sociology of legal knowledges. In this paper, we focus on two areas of law–liquor licensing and drunk driving–and contextualize their development from the perspective of police science. We document the ways in which contemporary police science authorizes a "common knowledge," which is not to be confused with lay knowledge, or even trade knowledge. Rather, the "common knowledge" that is authorized is what legal authorities believe everyone should know, despite any lay or trade knowledge individuals may have. This analysis demonstrates the need for further work on the ways in which knowledges are formed and authorized within law, with particular emphasis on documenting how a "responsibility to know" comes to be deployed beyond the state. 相似文献
38.
Ron Hill 《Local Government Studies》2014,40(6):972-985
Abstract The governance of further education colleges has two main phases since the passing of the Education Act 1944 – the period when further education colleges were under local authority control and the period from ‘vesting day’ on 1 April 1993 when colleges became incorporated and further education corporations were formed as charities. This review is primarily concerned with the landscape of college governance since 1 April 1993 and draws upon some of the very limited number of research studies into the practice of further education governance. The experience and contribution of the key governance players – chair of the corporation, governors, the principal, the senior staff, the clerk to the corporation – are discussed. Throughout the period since 1993, college governance has operated within a policy framework provided by government and, to a greater or lesser extent, the implementation of those policies by agencies of government. In simple terms, the pattern may seem to be creativity (in the early years), compliance (following some high profile college governance collapses), micro-management (through the Learning and Skills Council years) and now the most open, imaginative phase as the current government encourages the strong colleges to play a bigger part in local education provision. Perhaps now is the time when the experience of college governance to date is able to draw upon its considerable strengths and show what the accumulation of governance capital can achieve. 相似文献
39.
- Public appointments for committees or boards can be controversial due to cronyism or pandering to demands of noisy or powerful interest groups. One relatively unexplored method for selecting committee or board members is random selection which has advantages beyond interrupting cronyism. This paper canvasses the strengths and weaknesses of an unusual selection method and makes a case for the use of a lottery as a robust process that will lend legitimacy and credibility to committee or board governance.
40.
Where There are Data ... Quantifying the Unquantifiable 总被引:1,自引:1,他引:0
Ron Johnston 《Political Studies Review》2009,7(1):50-62