互易毒品行为定性“相对说”之提倡——兼与孙万怀教授商榷

互易毒品与贩卖毒品之间是一种交叉关系,将互易毒品行为一律不作为犯罪处理或一律作为犯罪处理,在方法论上存在错误,由此而划定的互易毒品的内涵,也为罪刑法定原则所不容。根据互易毒品的形式与实质,结合现行刑法关于涉毒犯罪的规定,确立＂相对说＂将成立买卖关系的高纯度与低纯度毒品、硬性毒品与软性毒品以及相同纯度但数量不等毒品间的互易,作为贩卖毒品罪处理,其他情况的互易毒品行为不作为犯罪处理,才是合适的。     

THROUGH A DIFFERENT LENS: USING FILM TO TEACH FAMILY LAW

This article discusses the aspects of narrative and character development that make films a useful tool to supplement classroom legal education. Moreover, utilizing film is particularly effective for learning and exploring the dynamics of human relationships at the center of family law cases. When designing a film and family law course instructors should seek to promote creative thinking, cultural competence, student exploration of bias and assumptions and best practices for attorneys based on the examples provided in the film. Films make the learning process more fun, but still provide substantial opportunities to broaden students' concept of the impact of law on family members.     

An Information Model to Present Proposals to Increase Taxes: Two Examples in the Context of American Values

This article offers an information model for educating the public on the rationale for a tax increase. It argues that citizens exposed to two types of information—a need narrative and an anchor value—are more willing to support a tax increase. The applicability of the model is illustrated with two examples in which the model was used to structure the presentation of information. In both situations, exposure to the specific types of information suggested by the model is associated with support for a tax increase. The conclusion relates the model to the findings of previous research on the attributes of successful referenda campaigns for tax increases.     

Renewing Socialist Development in the Third World

Current global economic trends have rekindled interest in development alternatives. Competing socialist and green proposals for these development alternatives raise important questions about crafting institutional vehicles for the simultaneous realisation of popular empowerment, sustainability and poverty alleviation development goals. Much of the debate is about economic scale and the re-localising of production and consumption sundered by globalisation. Yet socialists and greens are fuzzy on principles of economy necessary to achieve their desired goals. To help sort out these issues this article introduces the concept of “socio-material communication” as a way of differentiating among available economic forms. It then offers a design for socialist development that is progressive, sustainable and realisable under current “really existing” conditions. It is concluded that realisation of socialist and green development goals for future human betterment requires the combining of modes of socio-material communication to meet specific development challenges, rather than seeking to impose one mode, such as economic planning or society-wide market operation, indiscriminately.     

US Trade Deficits and Sino-US Relations

American politicians and policy makers have blamed China's exchange rate for the large US trade deficits. This paper explains why the USA treats its trade deficits with China as a security issue that have become a source of friction in Sino-US relations. The essay argues that this friction is a useful deflection from the politically difficult policy action needed to remedy the US economy and cannot easily be removed by the Chinese side alone. The structure of global trade and the reality of China's political economy, which forces Chinese leaders to develop policies for a “harmonious society” in the face of growing inequality also makes it difficult for China to respond positively to US pressure on the exchange rate.     

South African soap opera as the other: The deconstruction of hegemonic gender identities in four South African soap operas

Abstract

This article examines the potential role of soap opera narratives in the construction (or deconstruction) of identities within the South African context. The narratives of four South African soap operas (Egoli – place of gold, Isidingo – the need, Generations and 7de Laan) are analysed. Although identities of race and class are also relevant in soap opera narrative, this article focuses on gender identities. It is argued that soap opera may be constituted as other, and that it might therefore be a possible site for the deconstruction of hegemonic identities. Brief reference is made to Edward Said and the origin of the term ‘Orientalism’. This is linked firstly to the concept of the other, and more precisely the concept of ‘women as other’ as theorised initially by Simone de Beauvoir, but more specific to this article, Luce Irigaray. The second section argues that soap opera may be gendered as feminine and female and consequently marked as other for various reasons. The final section accepts the hypothesis of soap opera as feminine and female, and thus other, and attempts to analyse the relevant soap operas in terms of the negotiating or deconstructing of gender identities and the consequent social relevance of these texts.     

Gender,Development and Security in Yemen’s Transition Process

ABSTRACT

How policies at international level approach the gender dimension becomes salient, even urgent, for women whose countries are immersed in war and conflict, and who without effective governance at more local levels, rely entirely on these policies. The way Yemen is presented in the documents and media reports from selected members of the ‘Friends of Yemen’ donor group is in this study discussed in light of a range of narratives identified by Stern and Öjendal (2010) 2005; Cockburn 2007; Henry 2007; Shepherd 2008), ‘gender’ seems to be relevant to international and put into a feminist security perspective. The further aim is to reflect on the inter-linkages of gender, security and development at the level of donor motivations for aid, given on the one hand the recent prominence of the security agenda in the policy discourses of international interventions, and on the other the international attention to women’s contribution to development in Yemen. I ask if a gender dimension is highlighted, subsumed, or absent. Despite feminist analyses of security as deeply gendered (e.g. Tickner 1992) ‘gender’ seems to be relevant in international security policies by implication only: Since it is necessary to include and consider gender in development processes, gender is relevant for the security-development nexus. This is how ‘gender’ feeds smoothly into existing policy discourses which claim that development is dependent on security in the country that needs to develop and vice versa; its security is dependent on development.     

Promoting Critical Consciousness in Young,African-American Men

SUMMARY

In the U.S. as young African-American men in urban areas mature, they face oppressive social forces as well as the normative developmental challenges of adolescence. Nonetheless, much of psychology focuses on personal rather than sociopolitical development. As a basis for interventions aimed at sociopolitical awareness and action, this article presents a theory of oppression and sociopolitical development based on the work of Serrano Garcia, Freire and others. According to this theory, critical consciousness (i.e., critical awareness about one's political, social and cultural condition) is an essential skill for sociopolitical development. This article also describes the “Young Warriors” program for building critical consciousness in high school aged young men. The results of this action-research project suggest that critical consciousness can be enhanced through a brief, eight-session intervention with the aid of Rap video, film and other products of mass culture.     

对犯罪现场重建理论与实践的研究

犯罪现场重建是基于对犯罪现场获得的各类形式的证据,结合所获取的相关客观事实,合乎逻辑地以抽象、形象或实物模拟的方式,重新构筑犯罪现场所发生的犯罪内容和犯罪过程,并探明与之相关的犯罪行为的个人特点和犯罪条件的侦查活动。     

国际私法性质的哲学分析

国际私法的性质,即其为国内法还是国际法,长期以来一直处于争论之中.这对国际私法的理论研究以及司法实践是不利的.哲学中的唯物辩证法作为认识世界的规律,同样可以用来分析国际私法.国际私法在当前主要是国内法,但将来随着科技及全球化的发展,也一定会演变为主要是国际法性质,并最终过渡到完全是国际法性质.