Sex trafficking: an exploratory study interviewing traffickers

This paper presents the research methodology of an exploratory study interviewing human traffickers. Utilizing open-ended, semi-structured qualitative interviews with traffickers, exploratory research was conducted in 2003. With an overall goal of understanding the human trafficking phenomenon from the standpoint of those individuals who support, reproduce, and actively work to sustain it, our research questions focused on how traffickers make sense of their position within the illegal market of sex trafficking. Other thematic questions included characteristics and personal dimensions of the traffickers, reasons they entered the business, their perceptions of the business, and their opinions of those they traffic. For the purpose of this paper, we will address the difficulty and simplicity of conducting interviews with human traffickers. Information about the research project in general, methods used, ethical considerations, and thematic scope will also be addressed with a final discussion section highlighting advantages and disadvantages of methods used.

A Semi-Parametric Spatial Regression Approach to Post-War Human Security: Cambodia, 2002–2004

Human security in post-war societies depends on incentives to forego violence in local interactions. The government of Cambodia monitors domestic violence, land conflicts and serious crime in over 13,000 villages and urban neighbourhoods. We use three annual data collections to estimate the response of these conflicts to the legacy of the war, poverty and resource competition, urbanity as well as governance quality. Bayesian spatial regressions help identify socio-economic thresholds beyond which conflicts expand or contract significantly. We find numerous non-linearities in the propensities for violence. Notably, predicted rates decrease in response to quality of governance only at a high level of service provision, which, realistically, most communities may not soon achieve. This may justify dedicated programmes addressing particular types of conflicts. We propose alternative analytic approaches, including some that would make the problem of endogeneity more tractable once updated poverty estimates become available. Electronic supplementary material  The online version of this article (doi:) contains supplementary material, which is available to authorized users.

The Pinochet Case: International Criminal Justice in the Gothic Style?

Book reviewed in this article:
Woodhouse, Diana (ed), The Pinochet Case: A Legal and Constitutional Analysis     

The Concept of the Supremacy of the Constitution

The article compares and assesses the idea of the supremacy of the constitution found in Germany with the competing British tradition of parliamentary sovereignty. It concludes by examining the need for a supreme constitutional law in the European Union.     

B. F. Skinner's utopian vision: behind and beyond walden two

This paper addresses B. F. Skinner's utopian vision for enhancing social justice and human well‐being as it was introduced in his 1948 novel, Walden Two. In the first part, we address the historical, intellectual, and social context that situates the book in the utopian genre, the critiques of its premises and practices, and the fate of intentional communities patterned on the book. In the second part, we review practices in Skinner's book that advance social justice and human well‐being under the themes of health, wealth, and wisdom, and then focus on contemporary practices that are the legacy of his vision. His vision was neither the a priori truth of a particular premise about human behavior or a necessary practice (blueprint) for an intentional community but rather the use of empirical methods to discover premises and practices that work to advance the health, wealth, and wisdom of individuals and survival of the culture.     

Post-conflict justice in divided democracies: the 1984 anti-Sikh riots in India

Abstract

Official figures claim that almost 3000 people were killed, and many more injured or displaced, in four days of rioting aimed at the Sikh population of Delhi in late October and early November 1984 following the assassination of Indira Gandhi. This article analyses the efforts made to address the human rights violations that occurred. It argues that as a divided democracy, India has struggled to do justice to the victims, despite multiple commissions of inquiry, compensation schemes and a prime ministerial apology. It argues that this has occurred not simply because of challenges commonly faced by democracies dealing with similar incidents, but also because of the particular problems faced in a context in which we see continuity of rule by a political elite allegedly implicated in the abuse and in which there is acute concern for the survival of a fragile divided polity.     

过渡时期理论与1954年宪法

1954年宪法作为新中国第一部正式宪法,它基本上确立了我国在新民主主义向社会主义过渡时期、以及在社会主义初级阶段的宪政体制。它的根本指导思想就是用根本法的形式,将党的过渡时期总路线固定下来,为整个过渡时期的经济建设和民主政治建设提供根本法上的依据。作为过渡时期总路线的宪法化,在整部宪法的内容上,充分体现了过渡时期的特点和要求。1954年宪法之所以在后来没有得到切实的贯彻实施,与对过渡时期理论认识发生偏差有很大关系。社会主义初级阶段理论的提出及其在现行宪法中的确立,从某种意义上是总结了1954年宪法"过渡性"的经验和教训。在科学认识并界定社会发展阶段、秉承1954年宪法理念的基础上,实现宪法文本与社会客观现实的结合,对于完善社会主义初级阶段的宪法和宪政制度,有着重要的意义。     

公共经济法:经济法的本质解释——兼与李曙光《经济法词义解释与理论研究的重心》一文商榷

就研究方法之一的词义解释方法距离揭示经济法本质甚远且存在着方法论上的局限。将经济法描述为“与经济相关的法律”并不能洞穿经济法的本质。在经济法研究中,将国家与市场视为主客体关系的思维范式与单向度的管制思维均需抑制,“立体型”与“交互式”才是国家与市场关系的真实反映,管制不能统领经济法的全部方法与机制。经济法是调整公共经济关系之法,其有别于调整私人经济关系的市民法。经济法的本质是公共经济法,但公共既可能是一种福利,也可能是一种危险,对公共的规制是经济法的主要任务。     

刑事诉讼中的人权保障研究

刑事诉讼中的人权保障问题,在我国具有越来越重要的意义。应当说,人权保障与我们党的奋斗目标是一致的,但几十年来中国的人权保障事业存在着许多缺陷和问题。要加强这项复杂的社会工程建设,核心的问题是确立现代的刑事诉讼理念,使程序公正的诉讼价值和人权保障的诉讼目的真正地得到实现。     

Judicial Deference under the Human Rights Act

Judicial deference to the other branches of government has become a common judicial technique in cases arising under the Human Rights Act. The author outlines the current approach of British courts in deciding when to defer, arguing that it is flawed and unprincipled. The author goes on to argue that a principled approach to deference is necessary, and offers examples of when and how courts should defer to the other branches of government when considering constitutional claims.