再论法律行为的概念体系

在研究法律行为的意志性的同时,不可避免对于法律行为概念进行必要的分析,因为特性总是从概念中引申而来。     

中国法治：从静态到动态，从抽象到具体

法治，在中国已不再抽象、静态，更多地走向了动态、具体。法治已经成为中国现代化不可或缺的条件。其中，有效限制公权力滥用是建设法治中国之要务，而加强私权利保障将是构建法治中国之要旨。当代中国，法治建设正在渐进地向纵深行进。     

道德评价与法律干预的临界点

法和道德在终极意义上同样都是百姓伦理价值的体现，所以道德评价与法律干预具有社会价值的一致性。道德评价保障了私权利空间，而法律干预则是国家公权力介入私人空间。因此，应该把难以弥补的重大社会公共利益被侵犯作为道德评价与法律干预的界限。这一界限是在不侵犯私权利的情况下保障社会利益的最佳途径。     

Elevated morphine concentrations determined during infant death investigations: artifacts of withdrawal of care

Abstract:  Three cases are reported of elevated postmortem blood morphine concentrations (189–3036 ng/mL) that were observed during the course of death investigations involving three children ranging in age from 1 week to 2 years, all of whom underwent withdrawal of life support. In all three cases, the presence of opiates in postmortem blood was indicated by immunoassay (ELISA) and quantitative confirmatory analysis of free morphine concentrations in postmortem blood was performed by solid-phase extraction followed by gas chromatography/mass spectrometry (GC/MS) in the selected ion monitoring mode. While the practice of withdrawing life support from terminally ill patients, with the accompanying administration of narcotics/analgesics has been reported in the medical literature, it has not been adequately described in the forensic literature. The implications of this practice on the forensic toxicological interpretation of morphine findings are discussed. To our knowledge, this is the first report of postmortem morphine concentrations arising directly from administration in conjunction with withdrawal of care in pediatric patients.     

“We really don’t want to move,but...”: identity and strategy in the internationalisation of industrial R&;D

In Norway, as in many other high-cost OECD countries in a geographical and cultural periphery, policy-makers seem to have given up attempts at attracting large numbers of foreign R&D investments. Instead, a major focus of innovation policies is to help companies internationalise yet with an aim to maintain or even increase their level of R&D and other innovation activities nationally. Based on case studies of eight Norwegian companies and their motives for and experiences with internationalisation of R&D, this article questions this policy. From the perspective of the companies, many factors explain how, why and where they carry out their R&D activities.      

A discussion of the merits of random man not excluded and likelihood ratios

DNA mixture interpretation is undertaken either by calculating a LR or an exclusion probability (RMNE or its complement CPI). Debate exists as to which has the greater claim. The merits and drawbacks of the two approaches are discussed. We conclude that the two matters that appear to have real force are: (1) LRs are more difficult to present in court and (2) the RMNE statistic wastes information that should be utilised.     

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.

Authors’ Rights As An Instrument Of Control: An Overview Of The Ideas Of Authorship And Authors’ Rights In Socialist Yugoslavia,And How These Ideas Did Not Change To Reflect The Ideals Of The Socialist Revolution

The purpose of this paper is to show, using the example of socialist Yugoslavia, how and why authors’ rights laws were applied in a socialist regime relying on the same rhetoric of ownership and individualism that marked their use in the capitalist West. In this way, Yugoslav laws have served us as an excuse to examine the connection between rights guaranteed by the legal apparatus and a type of control over creative processes that these rights make possible. Since it is a fact that both single-party socialism and pluralist capitalism have employed the same concept of authors’ rights and authorship, it is our claim that the two systems have been and are equally interested in limiting creative freedom by means of property derived from authors’ rights. To the extent to which Yugoslav legislative, political, cultural, and ideological practice borrowed from the Soviet variety of socialism, we will consider examples from that tradition as well, treating it as the strictest incarnation of Marxism in Europe.

Kant’s Project of Perpetual Pacification

Richard Tuck locates a conundrum in the Hobbesian world view. Whereas the nation-state is desired to effect the pacification of the domestic sphere, a world state and the promise of global pacification is feared. Kant’s strong program for perpetual peace is presented as a moral imperative to establish through legal means a world republic based on reason and individual autonomy. Kant emphasizes the empirical impossibility of a world republic and hence advocates the weaker program of a world federation of states. This essay argues not the empirical but the logical impossibility of Kant’s strong program and by extension any program of perpetual peace that claims to be essentially different from ‘mere’ peace as truce. In so doing this essay distinguishes between political theory based on the assumption of the ontological priority of peace and political theory based on the assumption of the ontological priority of violence and argues for the necessity of thinking the latter.

在合同自由与社会公益之间——特许权配置解析

纵向限制一直是反垄断法规制的难点,这是因为此类行为多有促进品牌间竞争和抑制品牌内竞争的双重效应,如何取舍殊为不易。美国反托拉斯法对地域限制等纵向限制行为的百年规制历史表明:借助普通法合同自由与社会公益的二元分析框架来界定特许权限范围存在知识上的缺陷,只有同时引入经济分析等其他分析工具才可能对特许权的恰当配置作出更为理性的判断,过于膨胀的权利话语无益于复杂经济问题的解决。