Psychological Aspects of Property and Ownership

Although property lawyers and theorists were always interested in the legal doctrinal construction of property rights and in political, moral, or economic justifications of property rights through the course of history, they very rarely looked into possible psychological roots of property rights and the powers they entail. Similarly, psychologists (whether with a focus on individual or social psychology) provide models for the explanation of a person’s behaviour and the social interactions of humans, but they rarely touch upon property rights at all, and if so, only in brief passing comments. The one extensive study on the social psychology of property appeared 75 years ago. This paper looks into modern research of individual and social psychology and assesses whether some of the findings can be used to explain a psychological basis for the existence and importance of property rights. That may also be a starting point for a modern interdisciplinary study in this area.

Child abuse: practical application of autopsy, radiological, and microscopic studies

A 17-month-old male infant died at home. The infant's right arm was immobilized because of a humeral fracture 1 month earlier. The circumstances of death appeared unclear to the police investigators and a medicolegal autopsy was carried out. External examination revealed diffuse ecchymoses of varying color. Postmortem imaging was performed prior to autopsy (X-rays, multislice computed tomography [MSCT], and focused brain magnetic resonance imaging [MRI]). These investigations revealed four rib fractures of varying ages, one of which was posterior. Cerebral and pericerebral traumatic lesions were also diagnosed: bilateral subdural hematomas, intraventricular, meningeal, and interpedoncular hemorrhages. In the abdomen, fresh blood was visible within the anterior abdominal wall and the mesenteric root. Autopsy and microscopic study confirmed these lesions. This case report illustrates the valuable assistance rendered by MSCT and MRI to diagnose abuse when a child has died in unclear circumstances.     

Postmodern Jurisprudence: Contesting Genres

It has become a common place of contemporary legal theory, particularly postmodernist legal theory, to reject modernist jurisprudence’s assumption of law’s disciplinary autonomy. Within this enthusiasm for interdisciplinary approaches to law, what is less common is detailed analysis of precisely how interdisciplinarity is figured, rhetorically and epistemologically, in the discourse of contemporary legal theory. It is with a view to detailed analysis of this kind that this paper emerges. Its aim is to explore in detail how interdisciplinarity might be figured, and with what consequences, in the jurisprudence of postmodernity. The particular site of this exploration will be Costas Douzinas and Ronnie Warrington with Shaun McVeigh’s Postmodern Jurisprudence: the Law of Text in the Texts of law. Published in 1991, this text remains widely influential – it has become a contemporary classic in its genre. It is not the intention of this paper, however, to represent this text as exemplary. Rather, this paper intends to read this text in its particularity, to focus on its particular vision of postmodern jurisprudence. Specifically, this paper argues that Postmodern Jurisprudence figures interdisciplinarity in terms of genre; and that this understanding of interdisciplinarity is problematised by the unacknowledged contradictions between the different conceptions of genre – one associated with Jacques Derrida and the other associated with Jean-François Lyotard – which the text invokes. This paper argues that the project of postmodern jurisprudence – as title and as label – appears rather differently if it is imagined, on the one hand (following Derrida) according to the logic of the passe-partout and, on the other hand (following Lyotard), according to the logic of the differend. The paper concludes that this internal tension should at least give us pause for thought when approaching the complex phenomenon of interdisciplinarity in postmodern legal scholarship more generally.     

Sudden death in toddlers caused by influenza B infection: a report of two cases and a review of the literature

Sudden fatal cases of influenza B infection in a 4-year-old girl and a 2-year-old boy are presented. Both children complained of abdominal pain without respiratory, neurologic or cardiac symptoms; additionally the girl had vomiting within 2 days of death. Autopsy revealed histological changes in the respiratory system consistent with a viral infection. Influenza B infection was identified by immunohistochemistry in the girl and real-time polymerase chain reaction in the boy. Additional testing including cultures, toxicology, and screening for metabolic disorders were negative. These cases illustrate the usefulness of viral testing, especially for influenza, in the medical legal autopsy of children even when the classic respiratory symptoms of flu are lacking.     

论我国诉讼中的证据排除与证据禁止

我国现行立法对证据排除和证据禁止的规定,严重混淆了证据适格和证据力的基本概念和判断标准,其结果是,在事实上否认了法官排除不适格证据的权力。同时,理论上的认识也存在种种误区。应设立和完善我国证据排除和证据禁止制度,重构设想包括四方面在诉讼中彻底贯彻直接审理原则;特权规则;非法取得证据禁止原则及明显无关联性排除规则。     

工会理论政策研究的地位与作用论纲--兼论全国总工会理论政策研究的方向与方法

工会理论政策研究性质,首先是政治理论政策研究,又是经济理论政策研究,同时也是社会理论政策研究.改革开放以来,尽管中国工会理论政策研究已有相当成就,但就不断深化的改革事业以及工会运动的客观需求而言,其作用还是相当的不足或滞后.加强和改善工会理论政策研究,是实现工会工作市场化的基础和前提.全总的理论政策研究应该具有实践的前导性和理论政策的敏锐性,还应该实现学科化和社会化.     

试论李贽“童心”说的理论基础

李贽《童心说》把“童心”界定为最初一念之本心并予全面肯定,然而在中对其肯定“童心”的依据全无论证。有的学在古代中国的人性论中,寻找其理论基础。但假如考虑到李贽的理论体系,则荀子、孟子和程朱的主张都不足为其依据。其实李贽这种理论的依据主要是禅宗学说。但李贽所说的“佛”是入世的、能够帮助人解决各种世俗困难,也就是使人的世俗生活更为顺遂的明灯;并且他所说的“学佛”是要人从外在的“闻见道理”中解脱出来,从而达到一切任其自然的境界。因此,这是经过李贽改造了的佛家之说。     

克莱因的儿童心理结构观述评

英国著名儿童精神分析学家克莱因 ,从对象和对象关系入手 ,系统地阐述了生命第一年内儿童心理的发展及其结构特征。她提出的偏执—分裂样心态和抑郁性心态 ,是生命早期的自我状态、对象关系、焦虑及其防御的综合 ,它们既是一种正常的发展序列 ,又是某些病理现象的早期根源。两种心态观是克莱因对弗洛伊德的心理性欲发展阶段观的修正 ,是对儿童分析和儿童心理学的重要贡献。     

The Organisation of Hate

In this paper, it is argued that we need to understand the role of ‘hate’ in the organisation of bodies and spaces before we ask the question of the limits of ‘hate crime’ as a legal category. Rather than assuming hate is a psychological disposition - that it comes from within a psyche and then moves out to others - the paper suggests that hate works to align individual and collective bodies through the very intensity of its attachments. Such alignments are unstable precisely given the fact that hate does not reside in a subject, object or body; the instability of hate is what makes it so powerful in generating the effects that it does. Furthermore, although hate does not reside positively in a subject, body or sign, this does not mean that hate does have effects that are structural and mediated. This paper shows that hate becomes attached or ‘stuck’ to particular bodies, often through violence, force and harm. The paper dramatizes its arguments by a reflection on racism as hate crime, looking at the circulation of figures of hate in discourses of nationhood, from both extreme right wing and mainstream political parties. It also considers the part of what hate is doing can precisely be understood in terms of the affect it has on the bodies of those designated as the hated, an affective life that is crucial to the injustice of hate crime. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Role of Perceived Parental Knowledge on Emerging Adults’ Risk Behaviors

The purpose of this study was to gain a clearer understanding of the relation between parents’ knowledge of their emerging-adult children and emerging adults’ risk behaviors. Participants included 200 undergraduate students between the ages of 18 and 25 (121 women, 78 men; M _age = 19.59, SD = 1.62) and both of their parents. Results revealed that knowledge of the emerging-adult child’s activities varied as a function of parent- and child-reports, and that child outcomes associated with parental knowledge were generally positive, including less drinking, drug use, and risky sexual behavior (although this varied as a function of reporter). The links between maternal knowledge and lower drug and alcohol use were particularly strong in the presence of maternal closeness. Implications for understanding the parent–child relationship during the transition to adulthood were discussed.