Comparative judicial review

R. E. Johnston, The Effect of Judicial Review on Federal‐State Relations in Australia, Canada and the United States, Louisiana State University Press, Baton Rouge, 1969, pp. 320 + xviii, $US12.00.     

Two judicial biographies

C. H. Currey: Sir Francis Forbes: The First Chief Justice of the Supreme Court of New South Wales, Angus and Robertson Sydney, 1968, pp. 586, $10.00.

C. H. Currey: The brothers bent: Judge‐Advocate Ellis Bent and Judge Jeffery Hart Bent. Sydney University Press, Sydney, 1968, pp. 176, $4.75     

Proof and reproof: the judicial component of episcopal confrontation

Nicetius of Trier was one of the most temperamental bishops to have a place in the writings of Gregory of Tours. In the tradition of St Martin, Nicetius represented one extreme of the relationship between ecclesiastical and secular authority in sixth-century Gaul. He stands out as an example of conflict between those two spheres, in both contemporary and modern portraits. This article attempts to place Nicetius within a tradition of episcopal behaviour that undermines the element of conflict. By focusing on the judicial functions that Nicetius fulfilled in the context of penance and oath swearing, it argues that Nicetius was less an extreme example of spiritual audacity than he was an exceptional model for commonplace virtues of the ideal bishop. This article is, therefore, a case-study for a larger project.     

Proof and reproof: the judicial component of episcopal confrontation

Nicetius of Trier was one of the most temperamental bishops to have a place in the writings of Gregory of Tours. In the tradition of St Martin, Nicetius represented one extreme of the relationship between ecclesiastical and secular authority in sixth-century Gaul. He stands out as an example of conflict between those two spheres, in both contemporary and modern portraits. This article attempts to place Nicetius within a tradition of episcopal behaviour that undermines the element of conflict. By focusing on the judicial functions that Nicetius fulfilled in the context of penance and oath swearing, it argues that Nicetius was less an extreme example of spiritual audacity than he was an exceptional model for commonplace virtues of the ideal bishop. This article is, therefore, a case-study for a larger project.     

British judicial engagement and the juridification of the armed forces

Although the law has always been a major reference point in the conduct of war, little scholarly attention has focused on the transformative effect of recent legal challenges, judicial rulings and inquiries on the armed forces themselves, notably the 2011 Gage Inquiry into the death of Baha Mousa and the Philip Inquiry into the Mull of Kintyre helicopter disaster. Despite this, the impact has been significant in the ways it has transformed the governance regime of British armed forces and the professional autonomy of the military. This article conceptualizes the impact of law on the armed forces as ‘juridification’. In applying this concept, this article analyses the implications of this for the culture, conduct and organization of the British armed forces. It argues that juridification closes a civil–military relations gap between society on the one hand and the armed forces on the other. As important, juridification also brings with it permanent instability because of the inevitable conflicts that arise from the replacement of an old order based on authority, to a new military system based on rights. Thus the effects of juridification are not just a liminal moment—a transitory dislocation from established structures and the reversal of existing hierarchies—followed by the creation of a permanent new order. Rather, juridification has initiated an era of instability that is characterized by the absence of any permanent settlement of authority and rights in the governance of the armed forces. This has significant implications for the armed forces and their professional autonomy and the social, political and legal context in which armed forces have to operate.     

当代中国司法权的异化及其克服

在我国司法权是一种系统相对独立的国家权力,具有有别于其他国家权力的基本特性。这些基本特性主要包括：终结性、独立性、中立性、消极性、交涉性、个别性和专属性等。笔认为,在当代中国,司法权的本来内涵和某些特征在一定程度上遭遇扭曲,甚至被异化。为此,要保证中国社会主义法治化的实现,就必须采取各种措施来克服异化现象。     

清代陋规及其对基层司法和地方民情的影响——从徽州讼费帐单谈起

徽州讼费帐单真实地印证了清代基层司法中名目繁多的陋规.陋规的索取者主要是书吏和衙役,其存在及泛滥的原因比较复杂,给清代基层司法和地方民情造成了恶劣影响.清统治者借助于陋规以对百姓起诉权进行控制的理念是错误的,其意图不可能实现.     

从“无讼”到“好讼”:明清时期的法律观念及其司法实践

明清两代正处于一个社会的变迁时期。若以法律诉讼为视角,社会史层面确乎发生了巨大的转向,亦即从"乡土社会"逐渐向"好讼"社会转变。于是,"无讼"的理想与"好讼"的现实必然产生冲突。其冲突的结果,则使明清两代的学者与官员对"无讼"重新进行理性的思考,认定"无讼"并非是一种无为而治的理想世界,而是通过具体的"听讼"过程而达到司法公正。随之而来的则是"息讼"观念的流行,以及"息供"、"省词讼"一类司法实践行为的普遍化。     

Fama publica,infamy and defamation: judicial violence and social control of crimes against sexual morals in medieval Castile

Control of crimes such as the sin of lust was one way in which the elites at the head of Castilian town councils emphasised their good government. Among all the such crimes, sodomy was considered to be the most terrible, which brought major misfortunes to the population, and against which it was necessary to avenge. For those accused of this crime, or who actually committed it, it meant exclusion from society. For the urban Castilian elites this struggle was a way of justifying themselves as a governing group. Defence of society against sodomites is related to the political context and to the internal struggles of the urban elites. In the lawsuits analysed, there is clear repetition of a series of words related to individual reputation and social esteem: fama, honour, Buena fama, fama publica, infamia. These can be shown to be vital to the defence of the accused, and also frequently recur in the legislation itself. Rumour was also used as propaganda to shape public opinion and to discredit rivals in the struggle for urban power.     

Fama publica, infamy and defamation: judicial violence and social control of crimes against sexual morals in medieval Castile

Control of crimes such as the sin of lust was one way in which the elites at the head of Castilian town councils emphasised their good government. Among all the such crimes, sodomy was considered to be the most terrible, which brought major misfortunes to the population, and against which it was necessary to avenge. For those accused of this crime, or who actually committed it, it meant exclusion from society. For the urban Castilian elites this struggle was a way of justifying themselves as a governing group. Defence of society against sodomites is related to the political context and to the internal struggles of the urban elites. In the lawsuits analysed, there is clear repetition of a series of words related to individual reputation and social esteem: fama, honour, Buena fama, fama publica, infamia. These can be shown to be vital to the defence of the accused, and also frequently recur in the legislation itself. Rumour was also used as propaganda to shape public opinion and to discredit rivals in the struggle for urban power.     

Neither confirm nor deny: WikiLeaks evidence and the Vienna Convention on Diplomatic Relations in the judicial review of the Chagos Marine Protected Area (Respond to this article at http://www.therai.org.uk/at/debate)

The Chagos Islanders have faced various legal barriers in their campaign for the right of return to the Chagos Archipelago. Here, Laura Jeffery presents one more twist in this long winding road, namely how the courts regard WikiLeaks evidence revealing how British politicians hatched plans to turn these islands into a nature reserve, thus effectively maintaining the status quo of the existing no‐return policy.     

加拉帕戈斯 从火山到深海的世界尽头之旅

<正>锤头鲨,顾名思义,这种鲨鱼有着像锤子一样的脑袋,准确地说来,它们的脑袋长得如同一把榔头,而眼睛就长在头的左右两侧,距离非常远,看上去颇有几分怪异,不过也正是因为这样,锤头鲨才有了更为广阔的视野。锤头鲨的寿命通常有30～40岁。一般来说,锤头鲨的体长在4米左右,体重230公斤上下,生活在热带及温带海域。在今天,锤头鲨已经成为濒危动物,在加拉帕戈斯,你能够见到这些"水中巨头"的身影,其实还有赖于当地政府的保护,厄瓜多尔政府已经在加拉帕戈斯群岛的海洋保护区内为濒临灭绝的锤头鲨设立了禁猎区,让这些"水中巨头"可以有一片生存的净土。     

行摄西班牙 领略小而精致的别样风景

<正>西班牙,这个号称"出产阳光和海滩"的国家,是个享誉全球的旅游大国。截至2018年7月4日第42届世界遗产大会闭幕,西班牙共计拥有47项世界遗产,名列世界第3位。西班牙丰富的旅游资源,深厚的文化底蕴,以及热情的舞蹈,就像一个強大的磁场,吸引着世界游客频繁往来。建在云端的龙达小镇吃过早饭,我们从塞维利亚出发,前往西班牙安达卢西亚的龙达小镇参观。龙达小镇有3000多年的悠久历史。早在罗马帝国时代,一批旅人风尘仆仆地爬上这座750公尺的悬崖峭壁,发现这里地势险要,风景秀丽,河流丰沛,于是安营扎寨,建造出第一座房子。这白