Why Is the Estate Tax so Controversial?

There are some social issues whose significance for society nobody would seriously question but which nevertheless receive only scarce attention in sociological research. One of these is the bequest of private wealth from one generation to the next. It is currently estimated that about 550 billion dollars are transferred annually in the United States, amounting to more than 4% of the American gross national product (Havens and Schervish 1999). Not only is this a huge amount of wealth that changes ownership, but the bequest of wealth speaks to some of the core questions of sociological scholarship.

Responsibility Determination: Free Will and Legal Responsibility in the Age of Artificial Intelligence

Free will is the foundation of determination of responsibility. Genetic enginnering represented by technologies of gene editing, artificial medical devices and AI have fundamentally challenged the concept of free will and so have significantly influenced determination of legal responsibility. These challenges are fundamental, not instrumental, and can be divided into two aspects in legal philosophy. First, the direct challenge, that is, the emerging technology represented by genetic engineering and artificial narrow intelligence (ANI) has challenged the concept of free will. Second the would-be ultimate challenge, that is, presented by an artificial general intelligence (AGI) agent that is considered to reach humanlevel free will, can be a legal subject, thus taking full legal responsibility. The direct challenge constitutes a new “forgiveness” condition for taking responsibility. The would-be ultimate challenge deserves significant attention, because the concept of free will is not only about human responsibility, but also about human dignity.     

遗嘱解释的三个问题

遗嘱解释以探求遗嘱人内心的主观意思为目的 ,遗嘱生效的形式要求与遗嘱解释活动相区分 ,从而一方面满足了遗嘱是要式法律行为的要求 ,另一方面也达到了遗嘱解释的目的。遗嘱解释的方法包括文义解释、整体解释、目的解释、历史解释、习惯解释、诚信解释等。补充遗嘱漏洞的常见方法是类推补充与法律推定补充。     

基于中医传承辅助系统分析王任之治疗中风后遗症用药经验

目的 应用中医传承辅助系统(V2.5)软件分析新安医家王任之治疗中风后遗症的用药经验。 方法 将收集整理的王任之治疗中风后遗症的处方,录入“中医传承辅助系统”,采用规则分析、改进互信息法等数据挖掘方法,分析其治疗中风的用药经验。 结果 王任之治疗中风后遗症常用的药物有黄芪、当归、干地龙、鸡血藤、红花、葛根、制豨莶草、炒怀牛膝等。常见的药物组合有：黄芪配伍当归、黄芪配伍干地龙、当归配伍干地龙、黄芪配伍当归和干地龙、鸡血藤配伍黄芪、红花配伍黄芪、红花配伍当归。 结论 王任之在鉴别诊断出血性中风和缺血性中风的基础上,首辨证候虚实,实证常用调气活血、熄风通络法,虚证则用益气活血和络法,多以益气活血、养血通络、补益肝肾药物组方。     

反社会人格障碍者犯罪的特点

反社会人格障碍是以行为不符合社会规范为主要特点,犯罪倾向极其明显,是极易导致犯罪的变态人格之一,本文对反社会人格障碍者犯罪在认识、情感、意志的特点进行理论阐述,为预防打击反社会人格障碍犯罪提供理论依据     

是继承纠纷还是析产纠纷?

文章从一个具体案件是继承或析产纠纷的的不同处理结果发现了继承法条文和司法解释存在矛盾 ,在法律分析基础上提出了解决法律冲突的建议。     

浅析劳动合同的附合性

本文主要讨论劳动合同的附合性 ,产生根源 ,并论证其存在的合理性及弊端 ,从而探索劳动合同的深层次本质 ,并就我国的实际情况提出了自己的解决办法。     

In search of international criminal justice in Africa: What role for the United Nations?

The International Criminal Court (ICC) ran into considerable controversy almost immediately after its creation. More than 10 years later, the tension between the court and the AU is palpable. The court’s perceived political prosecutions as well as procedural flaws in light of the power bestowed on the UN Security Council under Article 13(b) of the Rome Statute are some of the areas of contention. However, despite the obvious flaws of the ICC, there is also widespread scepticism that the AU can be trusted to mobilise sufficient political will to deliver justice on the continent, more so in cases where the perpetrators are sitting heads of state or government. In lieu of cooperation with the ICC and the UN, can the AU deliver justice to victims of gross human rights abuses? Are extraordinary African Chambers such as the one created in Senegal to try the former Chadian dictator Hissene Habre an alternative to the ICC? This article argues that it is only through a partnership of convenience between the AU and the UN that victims of human rights abuses on the continent can access justice. Furthermore, the article opines that calls for African states to withdraw from the ICC en mass must be vigorously opposed.     

Free Will,Punishment, and the Burden of Proof

Justifying state punishment presents a difficulty for those who deny that human actions are free in the sense required by moral responsibility. The argument I make in this article, following work done by Double, Vilhauer, and Sehon, is that those who believe that human beings do sometimes act freely face exactly the same difficulty, for no current account of freedom has the sort of evidentiary support that condemning a person to punishment requires; no current account could meet even the most minimal burden of proof. Recourse to purely preventive methods, such as are proposed for a system of quarantine of dangerous individuals, seems undesirable because of the absence of limits under such a system, limits like the requirements of proportionality and guilt. That same objection holds as well against proposals of non-retributive punishment. The adoption of a system of punishment, understood retributively or non-retributively, does not preclude the state even in theory from also adopting a system of preventive measures. The answer that I suggest is a system of limited deprivations of freedom justified in much the way the doctrine of takings is justified, along with the specific exclusion of purely preventive methods for competent individuals.     

榕台民间信仰的传承与交流

榕台民间信仰同根同源，一脉相承。台湾的民间信仰主要是从福建传播过去的，在台湾流传较广、影响较大的源于福州的民间神祗主要有临水夫人、张圣君、王审知、水部尚书、天都元帅、五帝等。榕台民间信仰有许多共同特征。加强两地民间信仰的交流和互动，对两岸关系的发展有着重要的现实意义。