世界法的学说史研究

当前 ,对法律全球化的研究已成为当今学术领域的热点问题。而围绕此问题的种种争辩与分歧 ,皆有其历史根源和学说史背景。故此 ,对自古至今的自然法、国际法、比较法、全球法等理论与观念加以梳理、辨异 ,自可从中得出对正确理解法律与全球化理论具有启发性的结论。     

“第三部门”——市场经济体系中的重要角色补位

伴随着“第三部门”的兴起和发展,在市场经济体系领域主体要素之间的相互作用和地位发生相应的变化。“第三部门”凭借其自身的特点和独特的功能而在市场经济体系中日益显示了其不可或缺的角色和地位。其最主要的补位功能是整合、协助、替代、维护、制约、教化等。     

Continuities and Discontinuities in German Legal Thought

How does the history of your country and its legal traditions affect your identity as a citizen, researcher, teacher? In case you happen to be from Germany, how do you live with the memory of national crimes - and the fact that legal academia identified in significant numbers with the Nazi regime? Are there affinities in German legal traditions to anti-liberal ideologies and authoritarian mentalities? How did post-war Germany face its past? The essay does not try to address these questions systematically but through a narrative which seeks to trace the biographical impact of the German history.

     

Reforming and Performing the Informal Economy: Constitutive Effects of the World Bank's Anti-informality Practices in Kosovo

The World Bank has for over a decade tried to formalize the informal economy in Kosovo. However, local journalists and businessmen among others provide an alternative understanding of informality that problematizes the World Bank’s view and actions. Against this backdrop, the article analyses the constitution and the constitutive effects of the World Bank’s anti-informality operations in Kosovo between 1999 and 2014. Drawing on Pierre Bourdieu’s power analytics, the article claims that the Bank’s agenda, and the economic ideas enacted through it, does structure and shape informal economic practices on the ground. Yet this structuring involves two forms of misrecognition. As a result, informality is paradoxically constituted (in novel ways) and reconstituted through the World Bank’s imposed anti-informality agenda. The article concludes with a discussion of how this underlines the need for policy solutions that depart from liberal peacebuilding’s subject–object distinction to form instead around an acknowledgement of informality as emergent and transforming throughout international interventions.     

Psychological Components of Infertility

Infertility is a medical diagnosis impacting 48.5 million couples globally. Infertility impacts physical and emotional health as well as social and romantic relationships. People with infertility report feelings of distress, grief, anxiety and depression. Couples notice changes in their relationships; some report becoming emotionally closer while others report relationship difficulties. People may feel more isolated due to lack of social support. People that use third party reproduction, such as donor egg, sperm, embryo or gestational carriers, have additional emotional impacts during pregnancy and parenting. Continuing changes to laws complicate international fertility care, particularly given the ongoing COVID‐19 pandemic.     

Negotiating the caliphate: British responses to pan-Islamic appeals, 1914–1924

This paper considers two aspects of historiography about the 1967 Arab–Israeli War – American and Soviet foreign policy in the region – to better appreciate the Soviet role in the outbreak of hostilities, as well as how the war concretized the US–Israeli ‘special relationship’ and weakened American–Arab relations. Relying especially on research from the Lyndon Johnson Presidential Library and Foreign Relations of the United States, this paper argues that Soviet officials had little interest in pursuing measures to prevent war during the pre-war crisis because the situation promised to undermine American interests in the region.     

“I’m awfully fed up with being a prisoner”* Australian POWs of the Turks and the Strain of Surrender

Nearly 200 Australians were captured and held as prisoners of war (POWs) by Ottoman Turkish forces during the First World War. They have largely been overlooked in Australian history and memory of the conflict with the result that little is known of their time in captivity or of its wider ramifications. In examining the emotional impact of their capture and imprisonment, this article offers intimate insights into how these Australian POWs felt about their captivity, from the moment of surrender until long after the war had ended. The humiliation of capture and confinement at the hands of a culturally, religiously and linguistically different enemy and the restrictions imposed by wartime imprisonment exacerbated the prisoners’ private feelings of shame and failure, feelings that were publicly reinforced in the aftermath of the war as the two dominant narratives of the conflict—the heroic Anzac fighter and the Turks as the honourable enemy—excluded or, at best, marginalised their experiences. Such analysis tells us much about the psychological dimension of wartime captivity, and adds to our understanding of the legacy of this POW experience.     

警检关系视野下的警察出庭作证问题反思

我国2012年《刑事诉讼法》首次在基本法律中规定了警察出庭作证内容。但是,在《刑事诉讼法》预设的刑事诉讼体制未发生本质变革的情况下,警察出庭作证新规会陷入结构性二元矛盾之中,其表现出的宣示意义多于实践价值。这种二元矛盾包括刑事诉讼学理知识体系与刑事诉讼体制的矛盾、刑事诉讼体制内部的矛盾两个方面。前者在警检关系模式与警察出庭作证的关系中有所体现,后者分析我国警检机关对警察出庭作证的态度可以看到。通过具有折衷意义的“第三条道路”,构建一种有限度的警察出庭作证认识论,是对当前我国警察出庭作证问题的有益反思。     

第三人撤销之诉的解释适用——以新《民事诉讼法》第56条的适用为视角

为遏制司法实践中频现的恶意诉讼、虚假诉讼,对遭受此类诉讼侵害的案外第三人提供有效的权利救济,新修订的《民事诉讼法》第56条第三款增加了第三人撤销之诉制度。该制度是立法者在追求司法的权威性、法律秩序的稳定性与追求实质正义的价值理念上博弈的成果。从第三人撤销之诉的立法渊源、内涵来看,对该制度在适用中应该予以限制,并且从我国新《民事诉讼法》第56条的解释适用方面出发,应当建立并完善该制度实施的程序设计及相关的配套措施,为实践提供借鉴。     

Could technology resurrect the dignity of the FIFA World Cup refereeing?

The 2014 FIFA World Cup is over and was in most senses a success. However, the reality is that from the perspective of fairness, the 2014 World Cup was off to a remarkably bad start. Like many major football events in the past, this World Cup was plagued by controversial refereeing.