法律职业伦理现状及其培育——以实证调研数据为基础

通过对法律职业共同体成员的约束和引导,法律职业伦理能够促进共同体成员的自律,有利于提高其道德水平和综合素质,有利于腐败遏制和公正司法,对于法治建设具有重要意义。调研显示,法律职业群体,尤其是律师遵守职业伦理状况不容乐观。实践中存在律师乱收费、虚假承诺、虚假宣传,公检法人员办理"人情案"现象等;这些行为对法律职业群体的形象产生影响。通过加强法律职业伦理教育、对法律职业群体进行职业伦理培训、引导等方式加强法律职业伦理的培育,能够促进法律人的职业化和法治建设。     

Securitisation of research: fieldwork under new restrictions in Darfur and Mali

Knowledge on conflict-affected areas is becoming increasingly important for scholarship and policy. This article identifies a recent change in knowledge production regarding 'zones of danger', attributing it not only to the external environment, but also to an on-going process of securitisation of research resulting from institutional and disciplinary practices. Research is increasingly framed by security concerns and is becoming a security concern in itself, although the implications are not readily acknowledged. To illustrate these developments, we draw on fieldwork in Mali and Darfur.     

完善党内权力监控机制的有效途径

以权力制约权力、以权利制约权力和以道德制约权力，是权力监控的主要形式。现阶段党内权力监控不力的原因是多方面的，主要表现为：党内以权力制约监督权力机制不完善；党员民主权利未得到真正保障使以权利制约监督权力流于形式；权力主体道德信念蜕化使以道德制约监督权力难以发挥有效作用。因此，加强党内权力运行监控机制建设，必须科学配置党内权力，扩大和保障党内民主，着力提高道德水平，从而实现对权力运行的强势监控。     

Habermas and the Holy Grail of reason: The Philosophical Discourse of Modernity between theatre and theory

A critical discourse analysis of The Philosophical Discourse of Modernity demonstrates that Habermas's discourse on modernity is theoretische Fiktion (a term Freud used to describe a given theory for which no evidence can be found and no arguments validated). Theatrical narrative strategies from drama are identified that not only organise the logic of the text, but also position readers. The choice of mise en scene—the Oedipal cross‐roads where older and younger protagonists meet in conflict—is seen to position readers as mere spectators. The choice of the narrative trope of the romance of lost opportunity (the road open but not taken) is not merely illustrative, but necessary for the claim that Habermas has redeemed the enlightenment project.

The paper critiques Habermas's theorising on discourse ethics because it distinguishes categories of discourse into scientific/analytical, moral/interpretive and aesthetic/expressive, which operate in three different spheres of value. In particular, it challenges the notion of an “inner logics” for what, in Habermas's stable of discourses, he labels the scientific/analytical. Readers of The Philosophical Discourse of Modernity, the paper demonstrates, are not so much pulled along by the force of the better argument, but seduced by that unbridled beast: the aesthetic/expressive.     

Journalism ethics and Levinas' Third: interruption in a world of multiple Others

This paper develops a theory of journalism ethics centered on the concept of interruption. Interruption provides a space in which the “Other” can speak; an instance in which those with whom we have no other contact but through news media can disrupt us. While steeped in Levinasian philosophy, the theory of journalism ethics developed here challenges some of its key tenets: unlimited responsibility for the Other and the single passive ethical imperative “interrupt me.” In a world inhabited by a multitude of others, a dogmatic reading of Levinas cannot foster a “community of interruption” in which the news media play a crucial role. Ultimately, to achieve such a community, the “Third” (the Other's other) must be privileged over the Other and the passive ethical imperative requires a complementary active imperative best stated as “let me interrupt!”     

＂亲亲相隐＂在我国刑事立法中的嬗变与终结

“亲亲相隐”是中国传统法律中的重要制度,它是儒家伦理精神在法律上的典型体现。“亲亲相隐”制度在中国古代法律实践中发挥了重要的作用,然而自清末变法修律以来,该制度逐渐式微和流变,在中国当代的刑法体系中“亲亲相隐”已经被完全抛弃。“亲亲相隐”制度同儒家伦理中的“尊尊”、“亲亲”密切关联,在法律实践中具有一定的合理性,在当代外国的刑事立法中仍然可以看到“亲亲相隐”制度的相关规定。当代的刑法实践证明,“亲亲相隐”制度的缺失会导致制度的某些困境和局限。儒家法律传统并非一无是处,“回采历史”,批判地继承儒家法律传统是我国当下法律变革中的理性选择。     

When Should the Police Investigate Cases of Non-recent Child Sexual Abuse?

Non-recent child sexual abuse (CSA) and child sexual exploitation (CSE) have received recent attention. Victims often do not report their ordeal at the time the incident occurred, and it is increasingly common for agencies to refer concerns to the police years, or decades, after the event. The combination of the non-recent nature of the offence, the lack of engagement by the (potentially vulnerable) victim, and the huge resource burden of investigation make deciding whether to proceed with investigation complex and ethically challenging. Although there will always be a presumption in favor of investigation, for some cases the reasons against investigating will outweigh this presumption. We examine the considerations at stake in making a decision about whether to make contact with the victim and proceed with investigating a particular non-recent CSA case. Arguing for a “broad rights” approach, we identify considerations relating to (1) the victim, (2) criminal justice and crime prevention, (3) limited resources, and (4) legitimacy. We argue that, all other things being equal, non-recent and current investigations are equally worthy of investigation. We assess the implications of suspects being persons of public prominence. We outline a principled decision-making framework to aid investigators. The Oxford CSA Framework has the potential to reduce unnecessary demand on police resources.     

Judges who drive under the influence of alcohol: ethical implications and the role of restorative justice measures to balance judicial duty and societal expectations

Judges across the US have been charged or convicted of driving while intoxicated, yet many judges are allowed to continue to practice despite their criminal act(s). The issue becomes not only a societal issue, but also an ethical and professional one which impacts the individual criminal justice practitioner and criminal justice agencies. Duty to judicial and social expectations informs an argument regarding ethical theories: deontology and utilitarianism. Solutions include an examination of restorative justice measures such as: a balance of service to the community such as participating in victim-offender mediation and victim-offender panels as the offender, and completing community service where the victim chooses the judges number of hours and location of the service. While some may believe these jurists should suffer punitive punishments such as loss of judgeships, long-term treatment, and extensive probation coupled with individual psychiatric therapy, consideration of all factors with restoration in mind, might be more appropriate for these judicial offenders.     

The politics of anti-corruption enforcement in South Africa

The criminalisation of corruption recognises that the misuse of official office for private gain exacts a detrimental and distorting effect on a country's social and economic development. This is especially acute in countries undergoing rapid political system transitions. In an effort to combat corruption, governments have come under increasing pressure to enhance the monitoring and oversight of public institutions through stringent intra and inter-institutional checks. In South Africa, the evidence clearly shows that concrete and incremental steps have been introduced since the country's democratic transition to regulate malfeasance in the public sector through heightened monitoring, prevention, investigation and prosecution measures. Despite these measures, intra and inter-institutional analysis of anti-corruption enforcement indicates that the integrity of this approach, informed by principle-agent accountability arrangements, can be compromised or side-lined by collective action efforts that undermine the effectiveness of anti-corruption mechanisms. This reflects a politicisation of anti-corruption enforcement.     

Proto-norms and global media ethics

Abstract

Normativity is a problem of modernity. Relativism has emerged with the negation of moral universals. Clifford Christians consistently argues for the concept of proto-norms as a workable basis for normative ethics applied to media practices that operate on a global scale. Christians declares philosopher Charles Taylor to lie in the background of his theorising, but seldom gives a hint as to how Taylor’s thought influences his own. There appears to be sufficient congruence between Christians’ thinking about proto-norms and the articulation of hypergoods, strong evaluation and persons in Taylor’s philosophical anthropology to consider this to be the influence, among other sources Christians draws on. Of particular interest is Taylor’s insistence that persons always exist in normative moral space as an inescapable horizon of existence. The article explores some aspects of Taylor’s thought that may shed light on what proto-norms are and how they may be applied in the quest for a viable global media ethics in an age when moral relativism seems to be the media's only ethical principle.