Law, Justice and the Idea of a World Security

This article examines the thesis that international law is evolving in ways that reflect the requirement of world justice rather than international order and that are appropriate to an emerging world society rather than the traditional society of states with which international law is normally associated. After considering arguments for and against this thesis, the article concludes that neither adequately describes the nature of international society at the end of the millennium.     

20世纪宋代法律制度史研究的回顾与反思

宋代法律制度史的研究起步较晚,20世纪上半叶成果不多,80年代以后才快速发展,在综合研究、立法研究、刑法研究、民事法研究、司法制度研究和法律献的整理研究方面都取得了丰硕成果。宋代法律制度的基本内容和特点已经被揭示,宋代在中国法律史上的重要地位也被越来越多的人所认识和重视。然而在学术规范方面还存在问题。目前,要花精力多搞些实证研究;要借鉴史学、社会学、政治学等学科的理论和方法来充实和拓宽宋代法律制度的研究领域,注重法律制度发展的历史阶段性和法的动态及功能研究。     

Making Law Work: Restructuring Land Relations in Africa

This article explores a number of issues concerning the appropriate role for the law to play in the restructuring and reform of land relations and land tenure in Africa. Given current (external) donor tendencies, and (internal) pressures for reform from within, this is a particularly topical issue: in seeking to explore it, the author draws on his own experiences and involvement in land law reform, as well as other sources of information, concentrating on countries and events in Eastern and Southern Africa. After examining various models and country experiences, the article concludes that, while there is no single ‘right way’ to tackle land tenure reform in Africa, there are a number of factors which may be crucial to success, and in which the law—and lawyers—can play a vital role.     

信访工作在建国初期社会建设中的作用

建国后人民群众通过来信来访的方式向党和政府反映大量的社会问题,主要集中在失业问题、干部的官僚主义和违法乱纪问题以及三农问题。信访工作在建国初期对于化解各种社会矛盾和推动社会建设起了重要作用。     

关于法律与社会之间的法学研究

法社会学的形成可以说是人们整合以往法律认识的结果。社会学方法在法学田野里的耕耘导引出一种更贴近现实、更具活力的法律认识方式。在法律中认识社会以及在社会中认识法律,这种着眼于法律与社会之间的认识活动,为法学研究开辟了一个前所未有的广阔领域。法学和社会学的联姻,不仅使法学理论更具有包容性,而且还为法学研究超越传统提供了综合与多维的方法指向。     

论宋代基层区划: 乡的边界及其划界原则

北宋元丰年间以前,乡是县以下一级“实体政务”区划,其数量和幅员随着人口的损益而变化,故边界尚不稳定。王安石变法之后,乡的行政职能被大大削弱,“乡系户口”的功能也随之消失,乡界逐渐稳固下来。保甲法、经界法等基层改革都是在乡内完成,并不跨乡编排,这种政策性的规定强化了乡的整体性,使乡界变得越来越清晰。依据乡所邻对象的差别,可将其边界细分为四类: 乡与乡的分界;乡与路州军县等政区的分界;乡与行政治所的分界;乡与市镇的分界。从现有材料分析,乡的划界大体上遵循“山川形便”原则,这既是为了基层官员管理的便利,又符合自然聚落形成的规律。     

Governing Civil Society in Cambodia: Implications of the NGO Law for the “Rule of Law”

Abstract

This article reviews the introduction of the 2015 Law on Associations and Non-governmental Organisations in Cambodia (“NGO Law”) from 2011–17 and explores its connection to the rule of law. After outlining the content, definitions and regulatory environment related to the NGO Law, it provides a commentary on its initial application, and examines its potential articulation with other legislation (such as defamation and libel, telecommunications law and land law). I argue that the NGO Law should be characterised as a carefully crafted piece of legislation, developed and defended over time by the ruling political party to increase control and intimidation by invoking adherence to the “rule of law”. Narratives of national security, terrorism, neutrality and cultural cohesion have been interwoven with new regulatory requirements to obfuscate overt political interference. The article argues that the NGO Law intersects with, and consolidates, the recent trend of the government’s use of legislation as a political tool to control and manipulate political opponents and government critics. This is not to deny that there are areas of civil society action and service provision that require greater government control via regulatory compliance. Nevertheless, the state’s attempts to tighten civil space are being met with resistance and “work around” strategies from the plethora of diverse organisations functioning in Cambodia.     

居民消费行为与城市生活空间行为规律研究

进入消费社会以后,社会经济的发展促使居民生活行为发生了很大的变化。消费作为居民日常生活的一部分,在社会空间秩序中起着越来越重要的作用。文章以"人本主义"地理学为出发点,应用数理统计和随机过程理论,结合影响居民消费行为的因素对居民消费行为的演进过程进行分析,来探讨城市居民消费行为与日常生活空间行为的关系,并总结出相应的居民消费生活空间行为规律。     

依法治国基本方略实施考察

近年来,中共中央在确立了依法治国基本方略之后,采取了加强和完善立法工作、全面推进依法行政、着重提高领导干部的法律素质以及在全民中深入开展普法教育等有力举措,在以下几个方面取得了显著成效:以宪法为核心的中国特色社会主义法律体系已初步形成;法制队伍素质不断增强;法律服务工作发展迅速;广大干部群众的法律素质显著提高。当前,依法治国基本方略在实施过程中存在的问题主要有:立法质量有待于进一步提高;执法方式有待于进一步改进;司法体制有待于进一步改革;法律意识有待于进一步增强等。     

“Genocide is Fascism in Action”: Aron Trainin and Soviet Portrayals of Genocide

ABSTRACT

This article examines the Soviet legal scholar Aron Trainin’s evolving writings on international law. Initially, Trainin formulated aspects of his concept of “crimes against peace” as a sort of Soviet alternative to Raphael Lemkin’s crimes of barbarity and vandalism. Crimes against peace both converged with the larger international movement to outlaw aggressive war, provided a Soviet alternative to proposed international crimes that they believed would threaten Soviet sovereignty, and provided a Soviet response to Lemkin’s proposals to outlaw mass killings. During World War II, Trainin articulated the Nazi extermination of the Jews as “crimes against peaceful civilians,” linking the Nazi atrocities to his concept of crimes against peace. Trainin’s concept of “crimes against peaceful civilians” encompassed the atrocities of the Holocaust while also asserting that the Soviet experience of the war – most notably Soviet sacrifice and suffering – meant that the Soviets should determine how international criminal law punished the war’s perpetrators. After World War II, when it became clear that genocide, rather than “crimes against peace” or “crimes against peaceful civilians,” was becoming the primary concept in international law to understand mass killings, Trainin portrayed the concept of genocide according to the perspective of Soviet propaganda, opposing an international criminal court for genocide, supporting the concept of cultural genocide, and portraying genocide as an inevitable outcome of capitalism. At the same time, Trainin and the Soviets never abandoned his concept of “crimes against peace,” portraying capitalism as inherently bound up with war and genocide. Trainin was the most significant genocide scholar in the Soviet Union, and his work exemplifies both the ways in which Soviet approaches to international law converged with other approaches, and the ways in which the Soviet Union diverged from non-Soviet international law.     

论二次革命时期的省议会联合会

省议会联合会是在各省议会联合反对适用<谘议局章程>的斗争中产生的.二次革命前,省议会联合会激烈反对袁世凯政府独裁卖国行为;二次革命爆发后,又企图充当类似国会的角色,发挥国民党政治中枢的作用,但囿于事实和法理,该会既不能联合各省议会,又不能代表民意,作用有限,远不如清末的谘议局联合会.国民党在二次革命军事失败的同时,在政治、法律层面上也看不到任何胜利的希望.     

Revisiting Dred Scott: Prudence,Providence, and the Limits of Constitutional Statesmanship

Abstract

After the Dred Scott decision in 1857, Abraham Lincoln embarked on a public campaign to prevent the expansion of slavery in the federal territories. Lincoln's opposition to Dred Scott was, however, bound up with a certain theoretical orientation that is often rejected in the general milieu of modern constitutional theory. Within the context of two recent revisionist accounts of slavery and American constitutionalism, I argue that our retrospective evaluations of the sixteenth president's statesmanship must enter into a deeper engagement with Lincoln's attachment to natural law and his theological interpretation of the Civil War.     

中共十三届四中全会以来军队和国防建设发展历程及经验

中国共产党十三届四中全会以来,第三代中央领导集体科学地分析了国际国内形势,确立了我国军队建设的指导思想是“政治合格、军事过硬、作风优良、纪律严明、保障有力”。1995年以来,中央军委进一步提出要坚持党对军队的绝对领导,始终把思想政治建设摆在全军各项建设的首位;实施科技强军战略,走有中国特色的精兵之路;坚持依法从严治军,加强部队管理;把军队和国防建设纳入国家总体战略,使之协调发展;依靠人民建设国防,做好新时期战争动员准备。这些方针政策的实施,使我国军队和国防建设实现了历史性的跨越。     

Leibniz,Locke, and the Early Modern Controversy over Legal Maxims

This article investigates the context of a side line in Leibniz's critique of Locke on maxims. In an enigmatic and little-explored remark, Leibniz objects that Locke has overlooked some legal maxims that fulfil the function of ‘constituting the law’. I propose to read this remark against the background of the divergence between conceptions of legal maxims in the common law tradition and conceptions of legal maxims in the Roman law tradition. In a few remarks, Locke seems to echo the common law emphasis on customs and conventions expressed by legal maxims. According to such a conception, reason would mainly fulfil the function of subsuming particular norms under more general conventional norms. By contrast, Leibniz uses the Roman law idea that some ‘rules of law’ express demands of natural reason and, thereby, express principles constitutive of natural law. This is why he proposes to reform vague and confused ‘brocards’ used by jurists in order to identify sound maxims that provide a natural-law foundation for legal institutions.     

Eric Voegelin and the Natural Law Tradition

Eric Voegelin’s criticism of Hans Kelsen’s legal positivism places him closer to the natural law tradition than to other legal traditions. This proximity could be interpreted as a defense of the contemporary relevance, or as an attempt to revive the natural law tradition in the twentieth century. However, Voegelin always avoids using the traditional terminology of natural law in his mature works, and expresses a certain ambiguity regarding its contemporary revival. To understand this problem, this article investigates the evolution of Voegelin's understanding of natural law and his criticism of different natural law traditions from Cicero to John Locke, especially his positive evaluation of Aristotle’s and Thomas Aquinas’s interpretations. Furthermore, it seeks to illuminate his position on the contemporary relevance of this topic, as well as to assess some of the recent interpretations that consider Voegelin as a natural law thinker.     

Between orthodoxy and heterodoxy: the troubled relationships between heritage studies and heritage law

This article discusses the relationships between heritage law (HL) and heritage studies (HS) from the perspective of international law. More specifically, it focuses on the ways in which HL scholars have integrated (or failed to integrate) HS considerations into their work, and vice versa. The paper shows that the relationship between HL and HS is better resolved with respect to orthodox approaches to both law and heritage. More specifically, orthodox HS and HL take each other into account only lightly, a strategy that, while unsatisfactory on many grounds, is balanced on both sides. However, when it comes to heterodox (critical) analyses in these fields, the relationship is far more fragile and unbalanced, from the point of view of heterodox HS, the law tends to be neglected or even sometimes rejected; whereas from the point of view of HL, there is a more conscious effort to fully engage with HS, which is made difficult by heterodox HS’s push against the law. This dissonance can lead to severe difficulties in understanding heritage work and even the field itself.     

"A sudden and terrible revelation": motherhood and infant mortality in France, 1858-1874

In 1874, legislators in France passed a law regulating the wet-nursing industry. Citing recent medical research into the causes and social costs of high infant mortality, the law's supporters met little opposition, despite the fact that the law challenged the tradition of paternal authority and familial autonomy that had been inscribed in French law since the promulgation of the Civil Code of 1804. Extending state power into the familial realm required a concerted effort by reformers, who concentrated on two issues: maternal responsibility for newborn infants and the social costs of early death. Because working women in urban areas used wet-nurses to preserve their wage-earning capacity, reformers capitalized on widespread opposition to women's labor outside the home. The law met little opposition in part because the issues of paternal authority had already been thoroughly debated several months earlier in the child labor law of 1874.     

Sources and Pseudo‐sources on the foundation of the Valamo Monastery

The article discusses the understanding of the road as a collective duty and institutionalized public space in late medieval Finland and the Swedish realm, as presented in the legislation of King Magnus Erikssons' law (landslag) of the late 1340s. After an introduction on the nature of past scholarship on the history of roads in Europe and Finland, the theoretical framework on the production and social implications of space on historical roads is discussed. The spatial understanding of the road in late medieval Finland is then studied in the context of medieval normative legislation, of which the main interest here is on King Magnus Eriksson's law, which was the major medieval law code valid in Finland. In the code, issues concerning roads and their maintenance are distributed to various sections of the law, but the main body of the legislation is set in Bygningabalken and Edsöresbalken. The analysis shows that, in the bygningabalken, the road and facilities attached to it such as bridges were rather exclusively discussed in the context of common duty, where the word common seems to be inherently understood as something obliged and insisted by the crown. In the edsöresbalken instead, the spatial dimensions of the road were brought forward in the context of the sworn peace of the realm, where the judicial space produced by the traveller was considered as a product of the road and the actual motives of travelling of the individual using it. The analysis of the respective chapters and decrees of the code shows that, from the point of normative legislation, the road was not only a recognizable space of its own but also constituted a judicial condition capable of producing distinctive social implications for those involved in the maintenance and use of roads in medieval Finland.     

论改革开放以来法价值取向的历史流变与发展趋势

法价值是法学的基本命题,也是社会关注的焦点。中国自改革开放以来法价值取向随着时代的变化而有所侧重。我们可以认为：自党的十一届三中全会以来,中国法价值取向经历了从秩序到效率、法治与人权的历史流变,但其发展趋势必然朝着公平正义的方向发展。     

社会转型时期两代领导人的法治观的传承超越与立法的现代发展

回顾改革开放以来中国立法的发展,可见国家领导人的法治观念对社会、法律及两者的现代发展起着举足轻重的作用。邓小平的法制思想发展了毛泽东的法制思想,在法律与治国、法律与政党、法律与政策、民族与法制关系上提出了许多真知灼见:江泽民法治观的创新集中体现在中共中央两次用全会文件和国家的根本大法--宪法肯定了"依法治国"的权威地位。近20多年来,中国立法的实践有了长足的进展,在正确思想理论指导下,依法治国成为社会的共识,现代法制体系已基本建立,公民的法制观念已经有了质的进步。