中国法律技能教育的制度分析

从法律技能的需求的视角,本文在制度层面分析技能教育为何在中国法学教育中发展不足和缓慢;认为这是法学院学生和教育者面时现有学科体制和由诸多社会因素构成的社会需求时的理性选择的结果;法律技能教育发展的关键不在于重视或加大投入,而在于中国社会的进一步发展和转型。本文追求对法学教育的经验研究和理论研究的有机整合。     

Latvia, 1918–1920: A Civil War?

The post–World War I conflict that took place in Latvia between 1918 and 1920 was variously described as “struggle for freedom,” “war for liberty,” “independence war,” “civil war,” and so on. This article reviews the various concepts by discussing alternatives of statehood in Latvia. Its primary objective is to provide more evidence to the argument that the postwar conflict that took place in Latvia between 1918 and 1920 may be considered “a civil war.” By focusing on the Red and White terror campaigns, the author suggests that terror is one of the most overlooked aspects of the conflict that provides significant evidence for the perspective of “civil war.” He claims that the war was not “a class struggle,” as argued by Soviet historians, and calls for alternative explanations that would include the discussion of moral crisis, ideological conflict, ethnic and social hatred, clash of values, and the explosion of terror in Latvia.     

论不动产登记“缩略”的不法性及其阻却

不动产登记缩略的不法性具有公法、私法双重面相。就其公法不法性,可通过行政处罚等公法手段予以规制,并得与其私法效果相区隔。就私法效果而言,登记缩略因违反登记要件主义,使得该三方当事人所期望的物权效果无法实现;并因黑白合同的存在,导致其不法性进一步扩散,使之层叠为税费规避、强制性法律规范违反和虚伪表示的交错。登记缩略在私法解释学上的核心,在于如何焊接因中间登记省略而断裂的物权链,从而阻却其违法性,其方法包括授权理论、期待权理论和我国实务中的黑白合同方式;登记缩略的原因债权行为表现为链式交易合同、债权让与、利益第三人合同或第三人履行合同,其履行则表现为给付连锁、缩短给付或指示给付;因我国物权变动模式之通说尚未形成,仅依据《物权法》第15条,登记缩略情形下物债效力区隔和传递,存在多种解释余地。     

New Dreams of China: The China Novels of Anne Duffield

This article examines the work of a forgotten novelist, Anne Duffield, whose early novels set in China merit re-examination. Utilizing but also subverting the romance novel formula and alert to the utopian appeal of entertainment, Duffield’s The Lacquer Couch and Lantern-Light create a dream of China that invites intercultural connection, friendship and understanding. As China in the 1920s was rocked by anti-foreigner violence, the vision of these two novels was an appealing and hopeful alternative to the resurgent fears of malevolent fiends reminiscent of an earlier ‘Yellow Peril’ discourse. In addition, Duffield’s China, though romanticized, is also a modern and cosmopolitan one—an important counter to a tendency to imagine China as antiquated and entombed in the past.     

Modern post-colonial approaches to citizenship: Kwame Nkrumah’s political thought on Pan-Africanism

This project of critical citizenship studies and comparative political theory utilizes a framework of multiple modernities in order to deeply explore the ontological foundations and complexities of a non-Western conception of citizenship and nationhood: political pan-Africanism. It does so through a study of the political thought of Kwame Nkrumah, a deeply influential political theorist and actor, in the context of the Gold Coast’s struggle for independence and in the initial years of Ghanaian post-colonialism. How did Nkrumah conceive of Pan-Africanist citizenship and nationhood in political and ontological terms? How does this relate to both modern conceptions of citizenship as tied to the nation-state and traditional Ghanaian conceptions of citizenship and belonging? After considering these questions, this paper explores how Nkrumah’s vision of Pan-Africanism was influenced by, yet contradicted central tenets of, Western political thought and modernity. It explores the theoretical and practical tensions inherent between this non-Western conception of the nation and the dominance of aspects of ‘Western’ modernity. Exploring these questions through the lens of Nkrumah’s political thought offers an Afrocentric study in an effort to strengthen African historical agency and to deparochialize citizenship studies and political theory.     

Policy framing and denizen enfranchisement in Portugal: why some migrant voters are more equal than others

The enfranchisement of non-citizens across different democracies has been mostly approached at with macro-explanations that propose national traditions of citizenship or transnational influences as remote causes, leading researchers to explain variation through some fuzzy balancing of the two. This article joins the more recent literature focusing on the meso-level, particularly on political discourses on denizen enfranchisement, to examine the deviating case of Portugal, based both on strict reciprocity and on differentiating clauses that divide non-citizen migrants into different universes of voters and non-voters. Such a case allows theoretical refinement of process-based and discursive approaches on denizen enfranchisement and shows that it succeeded in Portugal when parliamentarians framed it as a symbolically generous but practically restricted move that promised prestige gains vis-à-vis Europe and Portuguese emigrants.     

Salt,high blood pressure,and performance‐based regulation

Performance‐based regulation is a new approach to public health promotion. The aim of this article is to explain how this idea might be applied to the public health goal of reducing salt consumption as a way of reducing high blood pressure and thereby saving lives. Performance‐based regulation is compared with competing regulatory strategies.     

Science cannot fix this: the limitations of evidence-based practice

The use of evidence-based practice as a guide for correctional investment is widely lauded as a positive shift away from punitive approaches to criminal justice. The value-neutral language of science, however, supplants a more fundamental and necessary dialog about core principles of our justice system. We raise concern that the discourse of evidence-based practice serves to avoid accountability for the dominant correctional regime which remains overwhelmingly invested in the imposition of punishment. Furthermore, evidence-based practice privileges academic expertise and de-legitimizes the knowledge base within affected communities stifling grassroots innovation and creativity.     

西方学者对资本主义新发展及其未来的最新研究

西方学者用“数字资本主义”、“赌场资本主义”、“涡轮资本主义”、“全球资本主义”、“新帝国主义”、“金融垄断资本主义”、“消费资本主义”等生动描绘了资本主义的最新发展及其特征。在此基础上，西方学者还进一步分析了资本主义在发展中所蕴藏的不可克服的自我否定的内在矛盾和历史趋势，指出了资本主义衰亡崩溃的未来命运，并研究了以“后资本主义社会”学说和“新的历史蓝图”构想为代表的替代资本主义的方案选择。对于西方学者这些关于资本主义未来的新看法，我们应进行辩证分析和研究。