结合Sheppard v.Maxwe11案谈我国媒体与司法和谐关系的构建

本文通过对Sheppard v.Maxwell案具体案情利审理的分析,介绍了美国解决媒体与司法冲突的理念和对策,并从立法机关、新闻媒体、司法机关三方面对我国媒体与司法和谐关系的构建提出了具体的建议。     

Group Differences in Fairness Perceptions and Decision Making in Voting Rights Cases

Participants recruited from one Historically Black University (HBU) and two predominantly White higher-education institutions evaluated and decided simulated voting rights case summaries in which the plaintiff was either a racially-defined (African American) or a nonracially-defined (farmers) minority group. Contrary to social identity and social justice findings of an in-group bias, the present study showed greater support at all institutions for the voting rights of the African Americans than for the rural farmers, and the greatest support for both minority groups was found at the HBU. Perceived evidence strength was a better predictor of decisions than perceived unfairness, and both of these predictor variables completely mediated the effects of institution-type and involvement of a racially-defined group on decisions.     

中国法律史学的研究范式能如此“重建”吗?——评倪正茂先生《中国古代法律功能的再审思》

倪正茂先生的《中国古代法律功能的再审思》一文 ,虽倡言中国法律史研究范式的重建 ,但却对史学近年来的理论创新成果缺乏应有的敏感。其所提出的“法的历史是人类争取自由的历史”的命题 ,不仅混淆了价值判断和事实判断 ,且将“当下存在的人”和“当下人的自由”排除在外。它既不可能真正求证于人类法律发展史 ,也不可能为中国法律演变史所证明。倪文所表现出的种种问题和情绪 ,不能不让人怀疑如此的“重建”会不会是一场简单的“毁灭”。中国法律史学理论模式的创新和研究范式的转换是否应该在“不破不立”的两极思维的指导下进行 ,是否应该以以往的学术成果和学科积淀为基本平台。     

交通管理中处罚效果和社会效果的辩证关系

交通违法行为是影响道路交通安全畅通有序的重要因素,对交通违法行为实施行政处罚是交通管理工作的重要手段之一。正面的处罚效果能引导人们自觉遵守法律义务,减少道路交通违法行为的发生。要实现处罚效果和社会效果的正面统一,就必须从执法理念和执法方式入手,端正民警的执法理念,提升执法水平,同时正确引导社会舆论对交通管理工作中行政处罚的评价,逐步消除处罚给交通管理工作带来的负面社会效果。     

Turkish secularism and Islam under the reign of Erdoğan

ABSTRACT

This article introduces a collection of articles that explore the role of religion (Sunni Islam) in the transformation of Turkey under the reign of President Recep Tayyip Erdo?an and his Justice and Development Party (Adalet ve Kalk?nma Partisi, AKP). This special issue argues that the Turkish understanding of secularism was also one of the building blocks or/and constitutive elements of Turkey’s modernisation until the rise of the AKP. Currently, however, it seems that religion has become a new or re-born element of the new Turkey and has been transforming many areas such as: the media, the Kurdish issue, implementation of the rule of law, foreign policy and gender issues. This special issue aims to scrutinise the question: how does a religion-based transformation in Turkey influence the raison d’etat of the state?     

Influencing the Penal Agenda? The Justice Select Committee and ‘Transforming Justice’, 2010–15

This article assesses the policy influence of the House of Commons Justice Select Committee, established to oversee the work of the Ministry of Justice following its creation a decade ago. The committee has, from the outset, overseen many contentious policy and legislative developments in the penal field, although none so extensive as those introduced following the formation of the Conservative–Liberal Democrat coalition government in 2010. Despite the newsworthy nature of its business, the committee has, to some extent, operated in the shadows of its high‐profile sister, the Home Affairs Select Committee, and has received surprisingly limited attention from criminologists and political scientists alike. Forming part of a wider investigation into the work of the committee, this article examines the extent to which it was able to influence penal developments during the coalition years. This period is of particular interest given that it heralded the end of the New Labour administration and welcomed the ‘fresh thinking’ of a coalition leadership keen to emphasise its progressive attitude towards law and order. While the committee was able to influence the direction of penal policy on several occasions, this mostly occurred as a result of its proactive or niche inquiries. The committee had less impact when conducting inquiries that assessed the government's flagship policy agenda, however. Such findings brought into question the ability of the committee to influence the most significant justice transformations in this era of new penal governance.     

Justice institutions in autocracies: a framework for analysis

What role do justice institutions play in autocracies? We bring together the literatures on authoritarian political institutions and on judicial politics to create a framework to answer this question. We start from the premise that autocrats use justice institutions to deal with the fundamental problems of control and power-sharing. Unpacking “justice institutions” we argue that prosecutors and ordinary courts can serve, respectively, as “top-down” and “bottom-up” monitoring and information-gathering mechanisms helping the dictator in the choice between repression and cooptation. We also argue that representation in the Supreme Court and special jurisdictions enables the dictator and his ruling coalition to solve intra-elite conflicts facilitating coordination. We provide several examples from Mexico under the hegemonic system of the PRI and of Spain under Francisco Franco, as well as punctual illustrations from other countries around the world. We conclude by reflecting on some of the potential consequences of this usage of justice institutions under autocracy for democratization.     

Government co-option of civil society: exploring the AKP’s role within Turkish women’s CSOs

Mainstream academic and policy literature emphasizes the nexus between an active and vibrant civil society sector and greater political accountability. As a result, support for civil society has become central to international policy efforts to strengthen democracy in the Middle East North Africa (MENA) region. However, the empirical evidence presented in this article questions the validity of this assumption. Drawing on information gathered through 38 in-depth qualitative interviews with women’s organizations from across the seven administrative regions of Turkey, and key representatives from the ruling Justice and Development Party (AKP), this article analyses the role of the AKP government in co-opting and influencing women’s organizations in Turkey. The results that emerge demonstrate that the government is actively involved in fashioning a civil society sector that advances their interests and consolidates their power. Independent women’s organizations report that they are becoming increasingly excluded from policy and legislative discussions, as seemingly civic organizations are supported and often created by the government to replace them. These organizations function to disseminate government ideas in society and to provide a cloak of democratic legitimacy to policy decisions. These findings and their implications have significant consequences for theory and policy on civil society and its role in supporting democracy.     

欧洲共同体法院的直接诉讼

欧洲共同体法院 (EuropeanCourtofJustice)是欧洲共同体的最高司法权威 ,它的设立旨在确保欧洲共同体法律在成员国之间得以统一解释和遵守。直接诉讼 (Directactions)使得欧盟组织、成员国以及自然人、法人可以向欧洲共同体法院直接提起针对其他欧盟组织或者成员国的诉讼 ,是欧洲共同体法院受理的主要诉讼方式。     

The necessity of the implementation of Privacy by Design in sectors where data protection concerns arise

This article examines the extent to which Privacy by Design can safeguard privacy and personal data within a rapidly evolving society. This paper will first briefly explain the theoretical concept and the general principles of Privacy by Design, as laid down in the General Data Protection Regulation. Then, by indicating specific examples of the implementation of the Privacy by Design approach, it will be demonstrated why the implementation of Privacy by Design is a necessity in a number of sectors where specific data protection concerns arise (biometrics, e-health and video-surveillance) and how it can be implemented.