沈家本在清末修律中的思想解析

沈家本是清末的著名法学家,修律大臣,清末礼法之争法理派的代表。在清末修律的争论中,沈家本系统地阐释了自己具有资产阶级启蒙意义的法律思想。其核心即学习借鉴西方资产阶级启蒙思想家的法学思想,以改造中国传统的以礼为纲的法律体系,主张法治、法律面前人人平等、人道主义、民刑分立、司法独立、改良监狱、建立陪审员和律师制度、对少年犯实行惩治教育、大力实行法学教育培养法律人才等,对中国法学的近代转型产生了巨大的影响。     

Memories

SUMMARY

The Hawaiian Studies Program (HSP) integrates the learning of Hawaiian culture with more traditional secondary curriculum in science, social studies, and English. Students also participate in weekly community service-learning sessions. Fifty-five HSP students and 29 peers (who were not involved in the program), completed a survey measuring: students' connection to, pride in, and responsibility for their community; civic attitudes; and career knowledge and preparedness. HSP teachers, community members, and students were also interviewed about program outcomes. Compared to other peers, HSP students tended to report feeling more connected to their community and school and to agree that they had career-related skills. Participants believed that service-learning contributed to these outcomes by making connections between school and community life and by exposing students to a variety of careers.     

The Russian mafia: Expulsion of law

The purpose of this paper will be to determine whether the conditions that exist in present‐day Russia are congruent with Foucault's claim that power in modern societies is not ensured by law and punishment but by normalization and control, which go beyond the state and its apparatuses, and that law plays an increasingly subordinate role within contemporary disciplinary society. I will also see what conclusions can be drawn from the Russian‐Soviet case that are relevant to evaluating the paradigms supplied by Foucault in deciphering the modalities of power in the modern world. In what sense can he help us understand how discipline and law in Imperial and Soviet Russia created the necessary conditions for the emergence of the Russian Mafia? Law has been transformed in the hands of the Russian Mafia and has expanded its spheres of influence rather than being displaced. The conditions that exist in present‐day Russia can be applied to Foucault's claim that power in modern societies is not ensured by law and punishment but by normalization and control which go beyond the state and its apparatuses. But it is not the case that law plays an increasingly subordinate role in present‐day Russia. Rather, it is no longer controlled by the sovereign power of the monarchy or by the Soviet state and its apparatuses, but is now predominately controlled by the Russian Mafia.     

The BT Kemi Scandal and the Establishment of the Environmental Crime Concept

This study analyses the significance of the 1977 BT Kemi scandal in Teckomatorp, Sweden for the establishment of the concept of 'environmental crime', first in the public debate and then later in legislation. The BT Kemi scandal is analysed as a 'focusing event' that placed the relationship between environmental pollution, responsibility, legislation and penal sanctions firmly on the political agenda. Several commissions of inquiry were established as a consequence, and in 1981 the Environmental Protection Act was revised and environmental crimes were included in the penal code. This tightening of the legislation had very little effect in practice, however, and this study examines why these legislative changes had so little practical impact. Attention is focused on the historical and societal contexts in which Swedish environmental legislation during the 1960s, as an explanation of why environmental crime has been and remains such a marginalized phenomenon. Shared mentalities in the area of environmental protection, which have evolved over time within public sector agencies and the private sector, coupled with an unequal emerged distribution of power and diffuse legislation, have obstructed the establishment of environmental crime. The BT Kemi scandal was a decisive factor in the coming of age of environmental offending, but it nonetheless takes time before a new form of crime becomes 'self-evident' and accepted as such in the wider society.     

Preventive and Repressive Strategies to Limit the Number of Commercial Robberies in Denmark

In this article, the impact of preventive and repressive measures to limit the number of commercial robberies is evaluated. This is done by analysing national statistics, register data, police documents and interview material of inmates convicted for commercial robbery. Preventive measures are met by counterstrategies. The effect of the introduction of paint cartridges - after detonation the bills are rendered unusable because of paint damage - is documented. The effect is, however, not a longlasting one. Arrest is a crucial marker in the decision to continue or to desist from commercial robbery. The arrest rate is high. Most convicted commercial robbers have a tendency to continue with crime after arrest and completion of sentence, but only a few continue with commercial robbery. The empirical data do not allow for a definitive conclusion on whether it is the offender's perception of the probability of future arrests, or of the severity of their outcomes that is responsible for desisting from commercial robbery. Both factors presumably influence this decision, but perceptions concerning the likelihood of arrest are likely to be more important.     

Part-time Jobs,Delinquency and Victimization Among Finnish Adolescents

Among lay people as well as among scholars it is sometimes assumed that adolescent work deters juvenile delinquency. In contrast, existing research suggests that there is a positive association between adolescent parttime work and delinquency. This study assesses this claim and examines in a nationally representative sample of 15-16-yearold Finnish adolescents ( n = 4347), the association between work during the school year and self-reported delinquency and victimization, and explore whether the possible associations are general or based on some subcategory of delinquent behaThere viour/victimization. The results of multivariate analyses indicate that intensive weekly working is significantly positively associated with delinquent behaviour. When gender, disposable allowances and various factors suggested by control, strain and differential association theories were controlled for, intensive work (10 hours or more remained a significant predictor of the following types of delinquency: beating up someone, driving without licence, buying stolen goods, vandalism at school and drunken driving. Intensive workers' likelihood of committing these acts were about two to per week) three times as high as nonworkers' likelihood of committing such acts. Intensive work was related to victimization only in bivariate models, suggesting that the work-victimization association does not reflect direct causation. In conclusion, intensive work appears to increase delinquent activity slightly. Although we do not argue that work is a major cause of delinquency in adolescence, we suggest caution against encouraging intensive work during the school year.