Does Eligibility for Protection Orders Prevent Repeat Abuse of Domestic Abuse Victims in Caribbean States?

The English-speaking Caribbean state of Barbados enacted protection orders legislation in 1992. The goal was to protect household members from domestic abuse inflicted by those with whom they live. To understand the impact of this policy, the study utilized a survival analysis model to test the hypothesis that eligibility for protection orders on Barbados contributed to a significantly lower hazard of repeat abuse for women, compared to women on St. Kitts where protection orders were not available. Data were drawn from police reports that document incidents of domestic abuse reported on Barbados and St. Kitts where high rates of domestic abuse persist. The study found only a negligible difference between the hazard of repeat abuse of women on St. Kitts and women on Barbados.

A ‘double edged sword’: discretion and compulsion in policing domestic violence

Policing domestic violence is a complex area in which there are divergent views about the extent to which front line police action should be mandated by legislation and guidance. This study set in Victoria, Australia raised questions about the balance between discretion and compulsion in policing domestic violence through researching the implementation of the Code of Practice used to respond to domestic violence incidents. The project team interrogated aggregate data from the police database on family violence and also interviewed 125 police members (60 sergeants and 65 constables) to explore the attitudes to the Code of Practice and policing domestic violence. The findings reveal that discretion within a range of options is circumscribed. Variable understandings of the nature of domestic violence and the role of risk assessment and management suggest that constrained and guided discretion may be required to achieve optimum effectiveness in policing responses to domestic violence.     

同一认定理论在侦查中的继承与拓展

在传统的侦查理论和侦查实践中,同一认定理论仅仅作为刑事侦查技术即技术鉴定的理论加以应用,这不仅在内容上限制了同一认定理论的应用,也在客观上限制了对同一认定理论研究的深化。本文通过详细的实证和分析后认为,同一认定理论在认定的主体、认定的客体以及认定的种类等方面都有较多、较广的拓展。同一认定理论不仅贯穿于侦查活动的全过程,而且贯穿于侦查活动中各项侦查措施和侦查手段中,与侦查活动是全方位、多层次的结合。     

民营企业财产继承法律问题研究

为保障民营企业的整体和可持续发展,处理好财产继承问题至关重要,否则会引发风险和带来危机.民营企业目前主要存在产权不清晰、不完备、缺乏创新,不同类型的民营企业与实现财产继承权及其他权利存在不衔接、不配套等问题,现行继承法及相关制度不健全、不完善等诸多法律难题.对此,研究并提出改革与完善产权制度,建构与完善现行继承法律制度与企业法律制度及其相互衔接的构想和建议,则具有现实性、重要性和紧迫性.     

民国时期法定继承人的范围及其演变

民国时期的民事立法,既传承传统,又除旧立新。其继承法中的法定继承人的范围及其演变,最为明显地影响传统的家族法。探究中西法文化冲突背景下该领域法律的演变发展很有价值。     

上级命令不免责原则中相关概念的分析

上级命令不免除责任原则是国际刑法的基本原则之一。对该原则中的上级命令“明显非法”、“道德选择”、“胁迫”等有关概念作进一步的剖析。     

CPS与ERP测谎方法不同测试顺序优越性的比较研究

ERP测谎技术作为一种新兴的测试技术不断应用于实际测试过程中,而为了保证测试的准确性,往往会将ERP测谎技术和CPS测谎技术结合使用。但两种测谎技术的测试顺序是否会对测试结论存在影响还无定论,因此文章拟利用同一模拟案件情境对被测人分别进行CPS和ERP测谎,并以测试顺序为变量来分析不同的测试顺序对测试结论是否具有显著影响,以期为心理测试实践提供一定的参考意见。     

Like father,like son? Power and influence across two Gnassingbé presidencies in Togo

In personalized authoritarian systems, the death of a leader poses a serious challenge to regime survival. Togo, however, belongs to a small number of countries in which regime collapse has been avoided by the transfer of power to the deceased ruler’s son. But can the son simply pick up where the father left off? Combining a theoretically guided single case study with statistical network analysis, this article argues that hereditary succession involves both changes and continuities. While Gnassingbé Eyadema’s rule rested on repression, patronage, and a bizarre leadership cult, his son Faure Gnassingbé has partly adapted and reformulated these strategies. The quantitative part of the article is based on a novel data set that contains information on the biographical characteristics and interaction patterns of the deputies in the Togolese parliament. Using exponential random graph models (ERGMs), the article shows that people who have held important positions in the past or belong to the president’s ethnic group still play a significant role in the regime elite. The article not only presents detailed insights on a so far under-researched country, but also contributes to the wider literature by showing how mixed-method designs can further our understanding of authoritarian regimes.     

Succession,power-sharing and the development of representative institutions in medieval Europe

Historians have documented that in medieval Europe, bargaining over the loyalty of lay magnates and high clergy was most intense during successions and that this often forced monarchs to give political concessions. We argue that matters related to succession predict short-term power-sharing concessions by rulers but that – because they do not permanently alter the balance of power between ruler and elite – they only trigger lasting changes of political institutions if these changes are in the mutual interest of the ruler and the elite groups. It follows that successions are unlikely to have long-term effects on representative institutions but that they may consolidate the rules regulating succession (the succession order). Using the natural deaths of monarchs as an instrument for successions, we confirm these claims with a new dataset that includes fine-grained data on succession and parliament-like assemblies in 16 European polities between 1000 and 1600. These findings shed new light on the development of representative institutions in medieval Europe, on the changes in succession orders that brought about clear rules about primogeniture and on the political leeway of legislatures in authoritarian regimes more generally.     

From Hybridity to Standardization: Rethinking State-Making in Contexts of Fragility

Having been top of the agenda for the past two decades, debates on state fragility have recently witnessed the emergence of pluralist concepts. While the concept of ‘hybrid political orders’ has invigorated our thinking about fragile states, it yields to the fallacy that pluralism constitutes the birth certificate of statehood. This article introduces an alternative concept to better grasp state trajectories, proposing an understanding of state developments in terms of institutional and identity standardization. Rooted in existing accounts of state-making, the analytical prism of ‘rule standardization’ is original in that it conceptually bridges the gap between statebuilding and nation-building as well as between state-making and state-breaking. Substantiating the theoretical discussion with three case studies from the Somali territories, the paper fundamentally proposes that what is required to sustain states should not be confused with what is required to initiate them.