Sex,Statistics, Peacekeepers and Power: UN Data on Sexual Exploitation and Abuse and the Quest for Legal Reform

The UN Secretariat provides annual statistics on allegations of sexual exploitation and abuse made against peacekeeping personnel, with reduced numbers of allegations leading to claims of success for the UN's ‘zero tolerance’ policy. This article explores the use of data as ‘technologies’ of global governance, to examine the function that these annual statistics serve for the UN and the impact that they have on calls for legal reform. Thus far, the statistics have attracted little academic appraisal. Yet, they have been used to establish the UN's authority to resolve the ‘problem’ of sexual exploitation and abuse, diminishing the space for critique of UN policy and undermining the quest for improved legal arrangements.     

They Sell Skulls Online?! A Review of Internet Sales of Human Skulls on eBay and the Laws in Place to Restrict Sales

Internet sales of human remains occur despite the existence of laws prohibiting such action in most jurisdictions. The most popular public platform for online sales, eBay, allows users to postskeletal material for sale, largely anonymously and without much fear of legal repercussions. This survey of skeletal sales was conducted 10 years after the first article published about online human remains sales. A review of current laws reveals that, while many states have laws that restrict any sale of human remains, those laws have questionable deterrent effect. Assessing the skeletal material posted for sale provides law enforcement agencies with a necessary starting point to curtail the sale of human remains through enforcement of existing laws. Ultimately, the goal is to stem the commodification of such items and to recover skeletal material, especially that which may be of archaeological or forensic significance, and provide the proper final disposition for such material.     

Legal responses to child sexual abuse cases in the Children’s Court of Victoria: study findings on a case-management approach

Child sexual abuse cases present Children’s Courts with distinctive challenges. The highly conflictual nature of child sexual abuse cases means they do not lend themselves to the usual adversarial court processes that characterise the conduct of Magistrate Court matters in Australia. With this in mind, the Children’s Court in Victoria established for 12 months in 2013 a pilot specialised judicial list (known as the ‘D’ List) which offered an intensive Magistrate-led case management approach to child sexual abuse cases in the Family (child protection) Division of the Court. The operation of the List was evaluated to assess the suitability and effectiveness of this approach, and to investigate the challenges associated with managing and deciding this class of cases. The findings confirmed that the List provided better management of cases and reduced delay. Given this, the Court is continuing the judicially proactive intensive case management approach and dedicated list for child sexual abuse matters and extending it to regional courts; believing it to be a more effective approach to managing and deciding this complex class of cases.     

European Law Beyond ‘Ever Closer Union’ Repositioning the Concept,its Thrust and the ECJ's Comparative Methodology

The article investigates competing understandings of European law. It supports, against the prevailing EU‐centred understanding, an ecumenical concept that embraces EU law, supplementing international instruments, the European Convention on Human Rights and, importantly, various domestic laws enacting or responding to such transnational law, as well as European comparative law. To keep the concept in sync with European politics, it posits a new idea that binds the parts together: to provide for a European legal space rather than further European integration (the ever closer union). This idea can also serve as European law's functional equivalent to forming one legal order. European law thus conceived grasps the puzzling complex of interdependent legal orders, sets a common frame for corresponding reconstructions (European composite constructions, legal pluralism, network theories, federalism or intergovernmentalism) and allows forces with diverging outlooks to meet in one legal field, on one more neutral disciplinary platform. Within this framework, European comparative law finds a new mission as well as a sound legal basis.     

The patriarchy index: a comparative study of power relations across historical Europe

This article stands at the confluence of three streams of historical social science analysis: the sociological study of power relations within the family, the regional demography of historical Europe, and the study of spatial patterning of historical family forms in Europe. It is a first exercise in the design and application of a new ‘master variable’ for cross-cultural studies of family organization and relations. This indexed composite measure, which the authors call the Index of Patriarchy, incorporates a range of variables related to familial behaviour, including nuptiality and age at marriage, living arrangements, post-marital residence, power relations within domestic groups, the position of the aged, and the sex of the offspring. The index combines all these items, with each being given equal weight in the calculation of the final score, which represents the varying degrees of sex- and age-related social inequality (‘patriarchal bias’) in different societal and familial settings. In order to explore the comparative advantages of the index, the authors use information from census and census-like microdata for 91 regions of historical Europe covering more than 700,000 individuals living in 143,000 domestic groups, from the Atlantic to the Urals. The index allows the authors to identify regions with different degrees of patriarchy within a single country, across the regions of a single country, or across and within many broader zones of historical Europe. The unprecedented patterning of the many elements of power relations and agency contained in the index generates new ways of accounting for both the geographies and the histories of family organization across the European landmass.     

Mosaic: recovering surviving census records and reconstructing the familial history of Europe

In recent years, there has been a marked increase in the demand for global data on historical family systems, both in the social sciences and in the humanities. Until lately, however, scholars interested in historical global family variation had to rely on simplified and often ahistorical world-scale classifications of family systems by world geographic regions. This article communicates Mosaic to the scholarly community – one of the largest infrastructural projects in the history of historical demography and family sociology. The article provides a brief history of the project, a discussion of the main issues involved in creating the database (including sampling and representativeness), and Mosaic's data structure and coverage. In the remainder of the article, the authors provide an overview of methodological and research opportunities that the project can offer to scholars, showing how the most pertinent problems of historical family demography can be tackled in more systematic ways than previously.     

“法律不知有害”质疑

我国大多数学者认为对事实的不知无害,对法律的不知有害,因而实务中对法律错误一般不予以救济。但事实上,不管是在罗马法上,还是在当代的大陆法系和英美法系,大部分国家都会对部分法律错误予以救济。而在确定何种法律错误可予以救济时,应充分考量在特定情况下对表意人"知法推定"的合理性以及表意人与第三人之间的利益衡量。     

Vicarious Trauma in Child Welfare Workers: A Study of Organizational Responses

Child welfare is provided within an organizational context that both supports and thwarts the efforts of workers and administrators to meet the myriad of goals established by federal, state, and local regulation and professional bodies. As the field moves toward trauma-informed services for children and families (Ko et al., 2008 Ko, S. J., Ford, J. D., Kassam-Adams, N., Berkowitz, S. J., Wilson, C., Wong, M., Brymer, M. J., &; Layne, C. M. (2008). Creating trauma-informed systems: Child welfare, education, first responders, healthcare, juvenile justice. Professional Psychology: Research and Practice, 39(4), 396–404.[Crossref], [Web of Science ®] , [Google Scholar]), the effect of trauma on workers has received less agency attention (Middleton &; Potter, 2015 Middleton, J. S., &; Potter, C. C. (2015). Relationship between vicarious traumatization and turnover among child welfare professionals. Journal of Public Child Welfare, 9(2), 195–216.[Taylor &; Francis Online], [Web of Science ®] , [Google Scholar]). This exploratory, qualitative study examines the level of knowledge administrators have regarding vicarious trauma and probes the organizational responses of public child welfare agencies to the vicarious trauma experienced by workers.     

通过司法判决塑造公众法治观念

通过司法判决塑造公众法治观念不仅具有必要性而且具有可能性。司法判决可以改善法治环境和人文条件,矫正传统清官文化与法治观念的错位与背离,可以使公众明晰客观事实与法律事实的疏离与亲和,可以为公众行为提供合理的预期结果,这是司法判决塑造公众法治观念的四个内在机理。公众朦胧权利意识的觉醒、互联网时代下的司法红利、裁判文书的公开以及司法判决的科学性化倾向是司法判决塑造公众法治观念的四种外在驱动力。司法的良性发展,个案确认以及固化一般规则,发挥指导性案例的指导作用,导引网民以及媒体理性参与和践行案例法治文化实践是司法判决塑造公众法治观念的5种必经路径。     

构建我国夫妻法定分别财产制度研究

我国实行法定财产和约定财产双轨制,但在目前的法定夫妻财产制度下,不能实现婚内赔偿请求。夫妻法定分别财产制度在很多国家及我国台湾地区均有规定。最高人民法院《关于适用〈中华人民共和国婚姻法〉若干问题的解释(三)》第4条规定了在夫妻关系存续期间可以对共有财产进行分割,可以认为我国开始尝试建立夫妻法定分别财产制。构建法定分别财产制,应明确该制度的适用范围、适用程序,并细化其法律效力。