论罪犯研究的若干基本问题

无论是确保监管安全，还是提高改造质量，加强对罪犯的研究十分必要。研究罪犯，既要研究罪犯的普适性（共性），更要研究罪犯的个案性。研究普适性，即要研究罪犯的政治、社会、法律、伦理及经济等等层面的特性。研究个案性，主要应揭示每个罪犯个体的错误思想，特别是错误的世界观。自然，在具体研究中，所选用的方法应不尽相同。     

Condorcet: Communication/Science/Democracy

Abstract

Condorcet's arguments concerning the dependence of unhindered scientific development on the presence of democratic conditions still sounds relevant today, because they are based on specific and complex considerations concerning the character of the social enterprise of science that articulates problems that still continue. The implicit dispute between Condorcet and Rousseau is also the first great historical example of the conflict between the Enlightenment and Romanticism, which accompanies the history of modernity, as an unresolved and indeed irresolvable opposition that belongs to the prehistory of our own confusions and quandaries concerning the relations between culture, science, politics and society.     

Top Estonian Politician Konstantin päts's Financial Dealings with Moscow

The arrival of the Soviet military in Estonia, in 1940, displaced part of the Estonian-Swedish minority. Rather than relocate to the mainland, these displaced persons appealed to Sweden for permission to immigrate. The difficulty for Sweden to effectively negotiate for the repatriation demonstrated the limits of the supposedly neutral state and the weakness of their appeals on nationality grounds. This paper, based on archival research in Sweden, Estonia, and Russia, investigates the communication and continued attempts by the Estonian-Swedes and the Swedish Foreign Ministry to legally relocate this population in the early stages of the Second World War.     

清末“礼法之争”对现代中国法律制度的影响

清末“礼法之争”是中国与世界法制接轨的发端。礼教派提出的变法应立足本国国情，因俗治宜，保持各自的特色，有其合理性和一定的科学性，是符合我国现阶段的立法精神的。而法理派的主张由缺少中国特色。以史为鉴，我们要在拿来和守望中学会有所选择，有所摒弃，这也是今天法治建设的题中之义。     

日常生活世界视域下的腐败成因及治理

日常生活世界是人们的第一活动空间及互动交往的文化世界,其最显著的特征是重情感,其运行的基本规则是人情。日常生活世界是腐败发生的情境因素,其结构和规则直接影响公职人员对腐败的认知和行为取向,对腐败情境定义的认知偏差和对日常生活世界的操纵策略共同促成了腐败的发生。端正日常生活世界的态度、匡正腐败的情境定义、强化制度的执行力能有效治理公职人员日常生活世界中的腐败问题。保持日常生活世界的纯洁性是公职人员忠诚履职尽责、切实维护党的纯洁性的实际体现。     

The decline of the idea of progress

The philosphers of the Englightenment conceived Progress as evidence of mankind's natural perfectibility. In the nineteenth century this image of the future was tarnished by abrupt epistemological changes and technical surprises. An unforeseen consequence of the invention and use of the steam engine was the breaking up of on idea that had acted as a principle for preservingt values, caused by the principle of the dissipation of energy in physics and the revolutionary analyses of the relations of socio-economic inequality in industrial societies. With Freud and Levi-Strauss, Carnot's principle becam the principle for judging history.     

The Material Culture of US Elections

Abstract

The abiding motif of election campaigns in the USA is not the spot ad, nor the candidate debate, nor even the campaign Web site, but instead remains the campaign button. It should be consigned to history by fast paced development of campaigns into modern technologies, but there are still hundreds of designs produced quadrennially for national campaigns, and many more for races at all levels. Even if the life of the campaign button is coming to a close, it has been a long run, from the brass buttons of 1789, to the tiny framed daguerreotypes of the mid-19th century, through the celluloid buttons of the 1890s, to the chip implanted versions of today.

But the campaign button is just the most ubiquitous example of the material culture of the US election. It has been modified by changes in artisan skills, industrial production, bulk availability, the changes in inexpensive materials and manufactures, and cost effectiveness and profitability. Over the same period of time many other artefacts have been used by entrepreneurs and campaigns to bring the candidates and their public together at the same time as making a profit-either financial or political. This article discusses the role of entrepreneurship, changing industrial technology, and the emergence of newly cost-effective materials, as contexts for the creation of the wealth of campaign ephemera that has adapted to change and maintained its place in the campaign for over 200 years.     

古代印度法的主要内容与特征——以《摩奴法论》为视角

古代印度法是世界主要法律传统之一。它包含着丰富的理念和制度，并在整体上形成了不同于其他古代法的鲜明特征。它在宗教和政治的关系上，表现为宗教之法；在不同种姓的关系上，表现为婆罗门之法；在学理与制度的关系上，表现为学说之法；在不同教派、行业与地域的关系上，表现为多元之法。深入研究这一法律文明，不仅可以拓展比较法的视野，而且有助于借鉴其中的有益资源。     

关于中国法律史研究的几点省思

近些年来 ,尽管学界对中国法律史研究有了长足的进步 ,但是 ,对于中国法律史研究的方法问题 ,依然缺乏必要的、自觉的省思。据此 ,本文从中国法律史研究的现状出发 ,对于中国法律史研究的方法问题进行一番检讨。文章共分四个部分 :首先 ,谈论方法的一个前提 ;其次 ,所谓历史的本来面目 ;再次 ,考证与解释 ;最后 ,史料与理论。     

The Hate Crime Canon and Beyond: A Critical Assessment

Although it remains an empirical question whether the U.S. is experiencing greater levels of hate-motivated-conduct than in the past, it is beyond dispute that the concept of ‘hate crime’ has been institutionalized in social, political, and legal discourse in the U.S. From the introduction and politicization of the term hate crime in the late 1970s to the continued enforcement of hate crime law at the beginning of the twenty-first century, social movements have constructed the problem of bias-motivated violence in particular ways, while politicians at both the federal and state level have made legislation that defines the parameters of hate crime. Accordingly, this article identifies and examines the parameters of a hate crime canon in the U.S., which can first and foremost be described as a body of law that 1) provides anew state policy action, by either creating anew criminal category, altering an existing law, or enhancing penalties for select extant crimes when they are committed for bias reasons; 2) contains an intent standard, which refers to the subjective intention of the perpetrator rather than relying solely on the basis of objective behavior; and 3) specifies a list of protected social statuses, such as race, religion, ethnicity, sexual orientation, gender, disabilities, etc. Arguing that these features constitute the core parameters of the hate crime canon and attendant discourse in the U.S., this article offers a critical assessment of the emergence, institutionalization, and arguable consequences of ‘hate crime’ as a recently developed social fact - in the Durkheimian sense of the word - that is consequential for the politics of victimization in the modern era and the social control of violence against minorities more particularly. This revised version was published online in July 2006 with corrections to the Cover Date.