英国的调解制度--近期发展

本文分析了英国近来的一些案例,介绍了英国在采取非诉方法解决争议方面的最新发展,强调了法院在一些案件中的态度.     

承租人不付租金时船东的对策

针对当前租船市场的行情急转直下,直接导致船东与承租人之间的纠纷和争议纷纷涌现,特别是在长期期租合同下,部分遇到资金困难的承租人会以各种借口提早还船,更有甚者则会拒付到期租金的情况,对承租人不付租金这一问题进行讨论,并着重分析和论述船东所能行使的对策。     

Aristotle's Forms of Justice

Abstract. In Aristotle's account, corrective and distributive justice are not (as they are today) particular substantive ideals, but are rather the formal patterns that inhere in interactions and in the legal arrangements that regulate them. Corrective and distributive justice are the structures of ordering internal to transactions and distributions, respectively. The Aristotelian. forms of justice thus constitute the rationality immanent to the relation ships of mutually external beings. This article stresses Aristotle's formalism, contrasting it to modem instrumental conceptions of legal rationality, and defending it against Kelsen's allegations of emptiness. The article concludes with the suggestion that corrective justice, as the conceptual pattern that makes private law what it is, can be considered the formal and final cause of private law.     

GENDER,FEAR, AND PROTECTIVE HANDGUN OWNERSHIP*

Nonrecursive models which have been used to assess the potentially reciprocal relationship between fear of crime and handgun ownership may suffer on two accounts: (a) the use of “weak” instrumental variables: and (b) the measurement of household (versus personal) handgun ownership. Data from the 1980 NORC General Social Survey are used in this study to minimize these problems in examining the relationships among fear of crime, victimization, and protective handgun ownership among males and females. Significant effects of fear and victimization on personal gun ownership are found among men but not among women. These results are discussed in light of two concerns. First, earlier research is confirmed that finds gender differences in the factors influencing gun ownership. Second, a clear need is emphasized for further research addressing questions of both conceptualization and measurement in the study of fear of crime and its effects on protective handgun ownership.