亲子关系的推定与否认制度的建构

法律上亲子关系实为立法构建的产物。亲子关系的确定应兼顾血缘真实、身份安定和未成年子女的最佳利益。以法律推定方法确定子女法律上的父亲,既应适用于婚生子女,也应适用于同居关系中的非婚生子女。对于与真实血缘不符的亲子关系的推定,特定当事人应当享有进行否认的权利。因此,法律应对各主体否认权的赋予具有不同的正当性基础,区分各否认权人的否认理由和否认时效,以体现不同的政策考量。同时还应对否认的法律后果做出明确规定。     

Rebuttal versus Unmasking: Legal Strategy in R. v. Zundel

Conventional scholarly wisdom has it that most Italian Americans in the United States were loyal supporters of the policies of Fascism in the inter-war years but eventually rejected the antisemitic measures that Benito Mussolini's regime adopted in their ancestral country in 1938. Contrary to such an interpretation, Luconi argues that many Italian Americans themselves held antisemitic attitudes and, therefore, did not distance themselves from Fascism after Mussolini launched his campaign against Italian Jews. He also contends that these attitudes resulted less from an ideological commitment to Fascism than from both the strained relations between Italian Americans and Jewish Americans, and the antisemitic climate of opinion that characterized American society in the 1930s. Italian Americans and Jews were partners in the labour movement and the Democratic Party. Yet the former resented the latter's distrust in Italian Americans' labour militancy, as well as the earlier rise of Jews in the hierarchies of the unions and the Democratic Party. Furthermore, Italian Americans and Jews competed for jobs, political patronage, cheap housing and relief benefits, especially during the Depression years. Such ethnic rivalries and the appeal of right-wing organizations to Italian Americans contributed to make the latter prone to antisemitism. As a result, few Americans of Italian descent came out against the racial policy of the Fascist regime.     

Selective Perceptions: The Stockholm International Forum on the Holocaust

Abstract

Adamson's conference report focuses on those speeches delivered at the Stockholm International Forum on the Holocaust that evinced a nationalistic tendency, particularly those given by delegates from Bulgaria, Latvia, Hungary and Turkey. He addresses the relationship between social conditions and solidarity with local Jewish communities, and shows, for instance, that whereas the representatives from Latvia and Turkey suggested that hardship was likely to threaten solidarity, the representative from Bulgaria argued rather that hardship was likely to enhance it. Another issue taken up concerns how moments from the historical past are put to use as constituents of national myths: whereas the speakers extolled resistance against the Nazis as the heroic acts of individuals, any collaboration was drained of intelligibility and a sense of responsibility, and reduced to being merely an episode of the national tragedy. Adamson also observes that the representatives from Latvia and Hungary put considerable emphasis upon their respective domestic legal statutes and their prohibition of racial hatred; this, he argues, is a very weak source of moral justification. Adamson then goes on to analyse and criticize the speeches delivered by the Bulgarian and Latvian delegates. On this subject he concludes that, in terms of, for instance, self-sacrifice or resistance against the Nazis, the former's speech considerably exaggerated the benevolent character of the Bulgarian people as a whole; it also, falsely, suggested that deportations of Jews in particular areas outside Bulgarian borders were not carried out by ‘Bulgarians’, and described, contrary to the evidence, the Bulgarian parliament as unanimously opposed to antisemitism. The Latvian delegate, in her turn, offered a rather subjective theory of the origins of ‘barbarity’ that was historically dubious.     

Europe,the Final Solution and the dynamics of intent

ABSTRACT

The scale and scope of the ‘final solution’ of the ‘Jewish question’ were extreme even in the horrific annals of genocide. Bloxham attempts to shed light on the pattern of mass murder in its expansion and contraction by viewing the Holocaust in a set of temporally and culturally specific contexts. It places the Holocaust into a broader European framework of violent ethnopolitics and geopolitics from the late nineteenth century through the mid-twentieth century. The Holocaust is depicted as an only partially discrete part of a continental process of traumatic flux, and a part, furthermore, that can itself be partially disaggregated into national and regional components. Bloxham moves from a general consideration of patterns of ethnic violence in the period to a closer causal explanation that shows the different valences of Nazi policy towards Jews in the lands directly ruled by Germany and those of Germany's allies respectively. He shows that the peculiarly extensive ambitions of the ‘final solution’ at its most expansive can only be explained when wider geopolitical and strategic contextual terms are factored in along with consideration of Nazi ideology and the internal dynamics of some of the key institutions of the perpetrator state.     

Beyond the ‘Auschwitz syndrome’: Holocaust historiography after the Cold War

ABSTRACT

The end of the Cold war has seen an explosion in Holocaust history, and some significant changes in the main historiographical explanations. The ‘return of ideology’ that began displacing the ‘functionalist’ or ‘structuralist’ dominance of the 1980s remains strong. But it is being supplemented by very detailed regional and local studies, by analyses of different experiences of ghettoization in different places, and by a focus on the widespread plunder and corruption that accompanied the killing process. This enormous attention to detail reveals that the Holocaust unfolded differently in different places; but it also demonstrates the existence of an overall framework in which all the operations took place, what we might call an ‘antisemitic consensus’. Simultaneously, historians have broadened the discussion of the Holocaust, situating it into a transnational or world-historical context of imperialism and colonialism. Stone outlines in broad brush some of these themes, and asks what effects they have had and will continue to have on Europeans' self-understanding in an age in which the post-war anti-fascist consensus has been dismantled while Holocaust-consciousness is officially enshrined into European identity.     

Punishing German Soldiers during the Cold War: The Case of Erich von Manstein

Bloxham examines the events and rhetoric surrounding the trial and premature release from custody of Field Marshal Erich von Manstein. Von Manstein was convicted of involvement in atrocities on the Eastern Front, yet his story aroused the sympathy of many in Britain, including influential politicians, who believed the Wehrmacht to be innocent of the crimes of Nazism. His trial also fell squarely into a period, the onset of the Cold War, when Britain was attempting to restore relations with West Germany. Pressure both from the nascent West German elite and from within the Conservative government (re-elected in 1951) and its foreign diplomatic corps ensured that a series of dubious legal devices would be used to accelerate the liberation of von Manstein at a time of negotiations about a German contribution to a Western European army. Similar contrivances abetted the early release of another field marshal, Kesselring, and a senior general, Falkenhorst. The releases, and the obfuscations of the soldiers' war-time records that were an essential part of justifying the releases, constitute a substantial British contribution both to the undermining of the process of war crimes trials and to the rewriting of the Second World War.     

公司法人人格否认制度及其适用

公司法人人格制度在具体运作中,出现了公司股东滥用公司独立人格和股东有限责任的现象,本文针对公司人格被滥用的现状,对公司人格否认制度确立的必要性、公司法人人格否认法理及其适用作了初步分析,以平衡公司与股东的权利和股东与债权人的风险,达到健全和完善我国市场经济的立法作用。     

后合伙企业法时代的有限责任公司法

有限责任与合伙企业之结合诞生的新的合伙企业形态对有限责任公司构成了冲击,而修正的合伙企业法规则同样威胁到有限责任公司既有的竞争优势。后合伙企业法时代的有限责任公司法能否以及在多大程度上做出适应性调整,决定其对中小规模企业的吸引力,也决定其自身的存亡。     

Tactical Means,Strategic Ends: Al Qaeda's Use of Denial and Deception

This analysis surveys Al Qaeda's employment of denial and deception (D&D) and shows that it uses D&D on tactical and operational levels in order to achieve strategic results. It defines denial and deception and explains how they relate to Al Qaeda, overviews Al Qaeda's changing network structure and seeks to summarize how Al Qaeda employs D&D throughout its operations. This paper is structured to show that denial and deception are institutionalized factors that manifest themselves through all aspects of bin Laden's organization and that the traditional conception of D&D—that nonstate actors are incapable of employing deception as an element of grand strategy—is incorrect.