犯罪均值频率——一种犯罪时间分布的测度指标

犯罪在时间分布方面有其特定规律,常规的犯罪总数或平均数等统计量存在不稳定性、偏差性和数据保密性等问题,不利于犯罪时间分布特征的客观对比分析。犯罪均值频率指标克服了传统时间分布统计量存在的问题,可以用来分析犯罪是否偏好发生于特定的时间内,满足了犯罪时间分布规律分析需求。运用该指标对某市5年内的入室盗窃犯罪在星期日别、月份上的时间分布规律进行了实证研究,结果表明,入室盗窃在该市3月份和9-12月份表现为高发期,而在周末则表现为犯罪低谷期。     

‘Playing for fascism’: sportsmanship,antisemitism and the British Union of Fascists

Taking recent developments in the study of fascism as a cultural system as a starting point, Spurr examines the interrelationship between notions of race, sportsmanship and Britishness in the subculture of the British Union of Fascists (BUF). More specifically, by focusing on the BUF’s understandings of Britishness and sportsmanship, he highlights the self-reflexive qualities of the movement’s subculture in which a fascist world-view shaped not only explicitly political programmes but also the ways in which this variant of European fascism mirrored particularly English modes of defining national identity and cultural difference in the rhetoric of sportsmanship. In addition, Spurr outlines one of the many ways that this fascist culture shaped social practice in the fascist community, so reflecting an assumption that fascism was as much a lived experience as it was a world of ideas and political philosophy. In so doing, he examines the implications of the BUF’s distinctly English notion of sportsmanship for its followers’ self-definition as Britons, and how this understanding functioned in the construction of the counter-image of the Sporting Jew. As a metaphor, while seemingly rather innocuous, this characterization of the Jew enabled Mosleyites to express a multilayered critique of Jews in a manner that encapsulated their wider ideological concerns and in an idiom readily recognized in the wider context of British inter-war culture. In adopting this approach, Spurr rejects suggestions that the BUF mimicked Nazi models of antisemitism and moves beyond revisionist historiography’s concern with origins and forms to explore the cultural functions of racism in the movement’s subculture.     

Obstacle race? ‘race’, racism and the recruitment of British Asian professional footballers

Burdsey examines the ways in which British Asian footballers perceive ‘race’ and racism as factors influencing their under-representation in the professional game. He argues that issues of ‘race’ and racism in football often manifest themselves in forms that are far more complex, nuanced and subtle than are recognized within dominant discourses. Using their oral testimonies, Burdsey demonstrates that the attitudes and opinions of British Asian footballers often contradict the viewpoints proposed by anti-racist football organizations and the media. In particular, for a variety of reasons, the British Asian players in this research, many of whom have first-hand experience of playing at professional clubs, do not attribute the under-representation of British Asian professional footballers to racism in the professional game. These players believe that it is necessary to examine how issues of ethnicity, ‘race’ and racism manifest themselves at the amateur levels of the game, and how this situation inhibits the progression of British Asians into professional football. At amateur levels, racism from opponents, together with the role of football clubs as symbols of ethnic identity, means that British Asian players often play in all-Asian teams and in all-Asian leagues. This restricts their opportunities for being identified and recruited by professional clubs. Finally, Burdsey analyses the use of British Asian coaches as cultural intermediaries in facilitating the inclusion of British Asians in professional football. He argues that not only can this approach be disadvantageous, but also that it is hypocritical, and thus causes offence to many British Asian players.     

The end of a strategic opening? The BNP's window of opportunity in the 2000s and its closure in the 2010s

ABSTRACT

Notwithstanding the endemic failure of extreme-right parties in Britain, the British National Party (BNP) observed a period of electoral growth in the 2000s. After the election of several city councillors nationwide, the BNP experienced an electoral breakthrough in the national ballot of the 2009 European Parliament elections. Yet the BNP's electoral accomplishments dissipated in the early 2010s, fuelling predictions of the party's terminal decline. Within this context, Carvalho seeks to explain the fluctuations observed in the BNP's electoral base in the twentieth-first century by exploring the structure of political opportunities alongside the strategy of the BNP's leadership. Drawing on the convergence thesis and the decline of voting along class lines, he argues that the BNP benefitted from a favourable set of political opportunities in the 2000s, reflecting the decrease in political polarization among mainstream parties, the rise in levels of public distrust, and the intense politicization of the issue of immigration. Despite a general shift to cultural xenophobia, the BNP's leadership remained attached to the ideological traits of neo-fascist parties, including the search for a ‘palingenetic rebirth’ and a national corporatist economic programme. These ideological formulae had important implications for the scope of the BNP's electoral coalition, as Carvalho demonstrates in a review of the secondary literature on the roots of the BNP's electoral support. Consequently, the BNP's electoral growth in the 2000s was the outcome of an interplay between a favourable window of opportunity in British politics and the party's electoral appeal. Carvalho goes on to link the BNP's electoral collapse in the early 2010s with the closing of the aforementioned window after the onset of the financial crisis, a temporary lack of political interest in the issue of immigration, and the formation of the coalition government in 2010.     

The fascist who would be king: Count Geoffrey Potocki de Montalk

ABSTRACT

Macklin and Fowlie explore the political life of Count Potocki de Montalk, a poet, pagan and pretender to the Polish throne. Count Potocki is perhaps most famous as a minor cause célèbre among London’s literary intelligentsia after his imprisonment for obscene libel in 1932. Historians, when they consider him at all, often discount him, viewing him as little more than a colourful eccentric, a view reinforced by Stephanie de Montalk’s fascinating biography of the man, which appeared in 2001. Eccentric he most certainly was. However, as this article demonstrates, Potocki also played a key role as an enabler of fascist and extreme right-wing activism through the services he provided myriad groups as a printer of their literature, a career that spanned the interwar and post-war periods. The article examines how his preposterous pursuit of the Polish Crown, coupled with the innate elitism this engendered, led him to reject egalitarianism and democracy and embrace fascism. While the Spanish Civil War saw an outpouring of literature from his literary contemporaries in support of the Spanish Republic, Potocki responded by establishing The Right Review as a mouthpiece for his own personal mélange of monarchism and fascism. Utilizing newly released security service files combined with archival research in the newly deposited Searchlight archive at Northampton University, this article pays closer attention to the political side of Potocki’s activities than has hitherto been the case, particularly his wartime publishing activities. This includes his anti-Soviet pamphlet on the Katyn massacre, which caused great vexation in government circles for fear of the harm Potocki’s (correct) accusations might do to relations with Britain’s crucial wartime ally. The authors conclude with a detailed examination of the role Potocki played in post-war National Socialist networks, for both personal and political ends, not least of which was his continued efforts to further his claim to the Polish throne, which he never ceased to believe was his by divine right.     

论气候变化语境下的国际服务贸易法适用问题:以一般例外规则为视角

各国日益重视采用服务贸易措施应对气候变化,我国WTO服务承诺亦与气候变化相关。因措施通常视成员是否承担减排义务而给予不同待遇,容易违反非歧视原则,一般例外是判断措施合法性的关键。一般例外适用于气候变化时将面临措施性质认定、必要性测试、发展中成员可否利用引言获得特殊待遇等诸多难题。为确保一般例外适用的可预见性并妥善平衡贸易与气候变化,需强化贸易与气候变化的相互支持,解决一般例外法理的连贯性不足等缺陷,避免僵化解释,力争规则更新修改。     

论惩罚性赔偿在侵权法中的一般适用

侵权法中的惩罚性赔偿严格限定在产品责任情形,存在适用范围过窄的问题。根据威慑理论、故意侵权、民刑互动理论以及社会良性发展的现实需求,惩罚性赔偿在侵权法中应当扩张为一般适用。在符合传统补偿性赔偿的一般构成要件前提下,惩罚性赔偿还有另外两项特殊要件,即主观故意或重大过失的加重要件以及责任范围因果关系上的减轻要件。为充分发挥惩罚性赔偿的功效,侵权法中应当建立惩罚性赔偿的一般条款,并明确其构成要件,以增强该制度的实践操作性。     

略论民法典总则的内容构造

以《德国民法典》为代表的采总则——分则结构的各国民法典中,民法总则的内容大同小异。在借鉴国外立法经验、吸收当代民法研究成果的基础上,我国民法典总则的内容应包括：（1）一般规定;（2）权利主体;（3）权利客体;（4）法律事实;（5）权利保护。在民法典总则中,不宜设取得时效和民事责任的一般规定。     

Low Self‐Control and Contact with the Criminal Justice System in a Nationally Representative Sample of Males

Prior research on law enforcement and court system actions suggests that offender demeanor influences practitioner decision making. However, few studies have examined a key implication of this body of work—namely, criminogenic factors associated not only with offending but also with demeanor may result in a greater likelihood of contact with and formal processing by law enforcement and the courts. Using data from the National Longitudinal Study of Adolescent Health, we test the hypothesis that low self‐control, which is associated with a range of characteristics that might influence practitioner perceptions of individual offenders’ demeanors, will predict greater contact and formal processing. Briefly, we found that low self‐control was consistently related to criminal justice system involvement as measured by police contacts, arrests, age at first police contact, and arrest onset. The implications of the findings for theory and research are discussed.     

Strain,Crime, and Contingencies

Hypotheses from General Strain theory are addressed using data from a random sample of adults in Raleigh, NC. Analyses examine three issues: (1) whether strain predicts self‐projected criminal behavior; controlling for past self‐reported crime; (2) whether negative emotions mediate the relationship between strain and projected crime; and (3) whether social support and criminal peers serve as contingencies or mediators for strain in predicting criminality. Results are generally consistent with previous studies focusing on youth. Three of four measures of strain are found to predict the crime measures. However, that relationship is not mediated by negative emotion and the measures of social support and criminal peers do not act as contingencies or mediators. The results suggest that strain may not operate through negative emotions and that theoretical refinement is needed to identify which potential contingencies are likely to be operating under various circumstances.