《大清律例》“夫尊妻卑”对夫犯妻的影响——以“夫因生活琐事杀妻”案为考察中心

在清代,朱子理学是统治阶级所尊奉的正统学说,《大清律例》具有典型的"夫尊妻卑"特征,这主要体现在夫妻权利义务不对等、夫妻相犯同罪异罚两个方面。在刑科档案中,夫因生活琐事杀妻是导致夫殴妻至死的最主要原因,且在夫杀妻案件中占较大的比例。《大清律例》的"夫尊妻卑"规定,纵容了夫权的肆意膨胀,致使清律为倡导"素相和好"的夫妻关系而试图约束夫犯妻,尤其是夫殴妻致折伤以上的目的无法达到。     

Fighting antisemitism with numbers in early twentieth-century Britain

ABSTRACT

In the 1920s and 1930s, the Jewish Health Organization of Great Britain (JHOGB) and its president, Redcliffe Nathan Salaman, championed the collection and analysis of demographic data about the Anglo-Jewish community as a way to counter rising antisemitism. In this article, Endelman discusses the belief in the ability of statistical research to undermine lies and distortions about the Jews of Britain that rested on untested Enlightenment assumptions about human nature and the sources of human behaviours and sentiments. While the JHOGB’s faith in statistical research as a bulwark of counter-propaganda never faltered, and while it obtained funding for a handful of projects, it failed to convince the leaders of Anglo-Jewry of the necessity to create and support a permanent statistical bureau. With the onset of the Second World War, the organization ceased its work, as more pressing communal priorities, especially caring for refugees from Nazism, rose to the fore.     

Comment on James H. Carr and Michelle Mulcahy's “Twenty years of housing policy: what's new,what's changed,what's ahead?”

Housing policy in the post Great Recession (GR) era faces tremendous uncertainties, but clearly there will be more sensitivity around risk, quality, and transparency in capital markets. The post-GR domestic policy environment and economy are likely to impose several overarching constraints, including less access to world capital markets for financing housing, more restrictive assessments of risk, and increasing restraints on federal domestic spending particularly for non-entitlement programs. Carr and Mulcahy provide a substantial agenda of liberal-progressive policies that focus on the predatory and risky practices of loan originators and promote expansion of home ownership for low-income households. If we are indeed on the brink of an era of austerity, the housing policy debate will need to focus on priorities for contraction rather than expansion in housing programs, and on tenure-neutral policies rather than promoting home ownership.     

Karl Polanyi's The Great Transformation: perverse effects,protectionism and Gemeinschaft

Abstract

Drawing upon Karl Polanyi's journalistic writings and unpublished lectures from the 1920s and 1930s, this article reconstructs the lineaments of his research programme that was to assume its finished form in The Great Transformation. It identifies and corrects a common misinterpretation of the thesis of that book, and argues that Polanyi's basic theoretical framework is best conceived as Tönniesian: market society is Gesellschaft, while the ‘protective counter-movement’ of The Great Transformation is Gemeinschaft, understood dynamically. It examines the two central mechanisms by which, in Polanyi's understanding, Gesellschaft broke down in the mid-twentieth century: the ‘clash between democracy and capitalism’ and the ‘perverse effects’ whereby political intervention in markets impairs profitability and saps the vitality of the market system.     

Science governance and the politics of proper talk: governmental bioethics as a new technology of reflexive government

Abstract

The article examines the emergence of governmental bioethics in Great Britain, France and Germany, i.e. bodies, discourses and procedures meant to guide policy-making in terms of ethical considerations. It argues that governmental bioethics, marked by openness, transparency and participation, can be understood as a form of reflexive government in the realm of science governance. It grew out of the problematization of older forms of science governance based on ideas of effectiveness, scientific expertise and system stability, and operates through structuring and managing proper talk rather than intervening in processes of techno-scientific development. Yet, rather than challenging the commitment to techno-scientific ‘progress’, it stabilizes it through mechanisms of inclusion, involvement and mobilization: within the framework of proper ethical talk, participation can be employed to pursue rather than oppose system stability.     

A critical note on UNDP's gender inequality indices

This article explains the diverse responses among the Chinese bourgeoisie in Hong Kong and Singapore to Chinese nationalist movements in the 1930s. In Singapore, the slogan of “Chinese buy Chinese goods” boosted the Chinese bourgeoisie in their business competition with Japan. The same slogan was used by the Chinese bourgeoisie in Hong Kong to emphasize increased sales of Chinese goods while Japanese imports were used by Chinese manufacturers in Hong Kong. I also interpret Chinese bourgeois nationalism in Hong Kong and Singapore as a move toward transnational economic citizenship. Emphasising their Chinese ethnicity, the bourgeoisie in Hong Kong and Singapore asked the Chinese government for favourable import tariffs. At the same time, the bourgeoisie requested the British for favourable tariffs, when they wished to export goods to markets in Britain and its colonies.     

Dead-Letter Regimes in the Post-Soviet Space: Strategies and Communication

ABSTRACT

This article explores why dead-letter regimes, sets of norms and institutions with low efficiency and few expectations of tangible output, have become an enduring feature of international politics in the post-Soviet space. It focuses on the Collective Security Treaty Organization and the Eurasian Economic Union, the two regional regimes promoted by Russia. The article analyzes their emergence and evolution, normative frameworks, performance and member states’ expectations. It argues that, while mostly failing as instruments of strategic action, these regimes have become conduits of communicative action and arenas enabling member states to enact specific international roles.     

英国证人制度评介--兼谈我国民事证人制度之完善

证人提供的证言是民事诉讼证据的一种,对于法官裁判具有重要意义。对英、美等国家民事诉讼中的证人资格、证人权利和义务以及证言的提供程序等问题进行了分析。并针对中国目前民事证人制度方面的立法及司法实践现状,提出了完善中国证人制度的构想。     

试论检察机关在为西部大开发营造良好法治环境方面的作用

本文主要就西部开发面临的法治问题和检察机关在西部大开发中的主要任务 ,结合广西区情谈作者个人看法。