英租威海卫的外来法、本土法与民间法

在民法典呼之欲出的今天,无需民法典却并不妨碍其现代化步伐的威海卫深陷对于“民法典情结”中的中国法学来说不啻构成一个颇为不利的历史反例。应当认真对待的是:普通法的地方法制经验是否或应当如何具有普适性?中国化是外来法“在中国”的基本方式。而如何中国化,则涉及本土法和民间法的有关问题。英租威海卫的中国法律及习惯是在具体的司法过程中被发明出来的,对于这种被称之为“中国法律及习惯”的赝品,与其用本土法不如用“民间法”加以概括或许更具解释力,亦更能在法理上反映外来政权、外来法与本土社会、本土法之间的历史关系。     

Rape investigation and prosecution: Stuck in the mud?

Abstract

This paper evaluates the Stern Review of rape in the context of public responses to rape, in England and Wales. The piece is based on an anti-rape feminist approach and so weighs a woman-centred approach to rape responses against the mainstream justice model. Overall, the argument made is that nothing much is really changing in public responses to rape. The work outlines problems with the Stern contention that the conviction rates for rape need to be calculated differently, and takes issue with the claim that the “policies are right”. Stern's call for greater support for women who have been raped is welcomed, but the effectiveness of the review process itself is questioned. These discussions illustrate the process of attrition as it is variously understood by feminists and by Baroness Stern. It is suggested that reviews themselves may be little more than a dampener, brought in when claims for change create a need to be seen to be doing something. A preferred alternative might be some form of ongoing body, reviewing and challenging practice and policy; however, it is recognised that this could be difficult to achieve amid the current spending cuts. The paper then turns to evaluate trends in support for survivors and notes that the more “professional” models of the Sexual Assault Referral Centre and the Independent Sexual Violence Advisers have held sway for some time. However, under the new coalition, government funding is also being directed towards women-only Rape Crisis centres, and this move is warmly welcomed here. The work concludes that much does indeed remain the same, despite positive signs in terms of respect for this survivor-centred model.     

Wiping the Slate Clean: Reforming Scots Law's Approach to Evidence of the Accused's Bad Character

This paper discusses the Scottish Law Commission (SLC)'s Report on Similar Fact Evidence and the Moorov Doctrine, which proposes revolutionary changes to the way in which Scots law deals with evidence of the accused's bad character, including his previous convictions. The article sets these proposals in context by explaining the existing Scots law, and comparing it to the English provisions on bad character evidence contained in the Criminal Justice Act 2003. This comparison reveals similarities between the responses of the two jurisdictions. It is remarkable that the SLC did not consider English law to be a viable model for reform, choosing instead to propose legislation which would simply deem certain pieces of bad character evidence relevant in criminal trials. The second part of the paper explains why these proposals should not be implemented.     

Theorising European Integration of Local Government – Insights from the Fusion Approach

The article explores a new, dynamic conceptual framework to understand the relations between local government and the European Union (EU). It argues that, first, the fusion approach explains the systemic linkages between European integration and corresponding change within cities, counties and municipalities. Secondly, fusion dynamics are slowly emerging across European and local levels, whereby competencies and resources are merging and policies become synchronised under Europe 2020 and the European Cohesion Policy. Thirdly, the fusion approach provides an understanding of the attitudes of local actors towards European integration. In order to show the relevance of fusion, the article presents the findings of five empirical indicators: the absorption of EU policies and legislation; attention towards EU policies; institutional adaptation; EU-related action of local government and attitudes towards European integration. It also compares local government in two contrasting regions with regard to their political autonomy – North Rhine-Westphalia in Germany and the North West of England.     

The Quality of Life in English Local Authority Areas

Abstract

Since the enactment of New Labour's sustainable development agenda in 1999, English local authorities have been placed at the helm of a variety of devolved localism initiatives designed to foster sustainable communities that contribute to a high quality of life for existing and future generations. This paper considers the scale of the challenge that confronts local authorities in terms of attaining these outcomes, by drawing attention to their current quality of life situation. The baseline conditions in question are measured by reference to the Audit Commission's local quality of life indicators dataset, which it compiled in 2005 from a range of existing local government performance indicators. The dataset is subjected to k-means clustering and principal components analysis to assess how far English local authorities measure up to Labour's sustainable communities ideal and to highlight the type and degree of quality of life disparity that exists between them. The results from the analysis are used to evaluate the feasibility of Labour's devolved localism approach to sustainable community formation and to provide important insights to local policy makers responsible for fostering sustainable communities. The implications of the findings for future research are also considered.     

19世纪英国大学法律教育的开展

法律教育是培养法律人才的重要途径,而法律教育机制是随着社会发展而不断调整和变革的。工业革命后英国社会发展对法律教育提出了现实需求,在新的历史条件下,英国以伦敦大学为代表的新大学和以牛津与剑桥为代表的古老大学都加入到法律教育的事业中来,使得英国法律教育体制从中世纪以律师会馆为主体的学徒制——经验型法律教育逐渐发展到以大学和法律职业组织分工合作的现代学院制法律教育,英国法律教育体制实现了从传统到现代的转型。     

近代早期英国社会中的老小姐形象

近代早期英国社会中的老小姐形象经历了一个从可怜到可憎的巨大转变。这一变化的发生源于父权社会日益增长的焦虑和不安。随着18世纪的到来,老小姐的独立意识日渐彰显并且不断涉足公共领域。对此,社会权力机制加强了运作,试图通过负面的老小姐形象来规训妇女,使其符合父权制社会的基本规范。     

英国社区法律咨询服务概述

英国社区法律咨询服务，是英国法律援助制度之一的社区法律服务的重要组成部分，在英国法律服务委员会提供的专项资金支持下，社区法律咨询服务与独立的法律咨询组织和律师合作，为广大经济困难的英国居民提供丰富的、保密且独立的免费法律咨询服务。在我国加大法律援助宣传教育工作之际，十分值得我国借鉴。     

从议会政治中探究英国内战的起源——读刘淑青的《斯图亚特王朝早期议会政治研究》有感

英国素有“议会之母”的关誉，英国议会政治研究更是受到国内外学者的重视。刘淑青教授的专著《斯图亚特王朝早期议会政治研究》是目前国内研究议会政治的范例。对于英国内战爆发的最主要原因，作者既未盲从于哪一派的观点，也没有生硬地全盘吸收，而是灵活地有保留地进行选择。总之，该书以“冲突”为主线，分别从经济、政治和宗教三个层面进行深入剖析，阐释了议会与国王之间的关系如何从相互妥协、调和、争论、指责到最终决裂的演变过程。     

Race,rape and capital punishment in Connecticut to 1830

ABSTRACT

Goodheart's narrative of the death penalty in early Connecticut argues that the racist depiction of black men as violent sexual predators who preyed on white women goes back hundreds of years and flourished in New England. The depiction of African American men as lascivious and dangerous was well established during slave times. The resulting prosecutorial treatment of black-on-white rape was remarkably consistent during the colonial and early national period. After the only white man was hanged for rape in 1693, the remaining five executions were all of Blacks. No one of any race was hanged for the rape of a Native American or African American woman. A marker of the marginalization of African Americans is that the final person hanged in Connecticut for a crime other than homicide was a black man for rape in 1817. This persistent pattern of prejudice is a telling example of the impact of race on criminal justice, especially the capital crime of rape.