唐代官吏赃罪述论

《唐律》中官吏赃罪相当于现代刑法中的贪污、贿赂罪。《唐律》规定了六种赃罪,除强盗和窃盗两种赃罪外,受财枉法、受财不枉法、受所监临和坐赃的犯罪主体均为官吏。另外,属于窃盗赃罪范畴的监临主守自盗主体也是官吏。《唐律》对官吏赃罪规定了广泛的范围和严厉的刑罚。惩治官吏犯赃是唐代以法治吏的重点,唐代对官吏犯赃采取从重惩罚政策。由于唐代官吏赃罪的以上特点,使它成为排除异己、打击政敌的有效武器。     

职务过失犯罪处罚原则的理性思考

职务过失犯罪是业务过失犯罪中的一类。由于职务过失犯罪的行为人在从事公职的过程中亵渎自己的工作职责,严重侵犯国家机关及其他国有单位的正常活动,侵犯公共财产、国家和人民群众利益,故学界普遍主张对职务过失犯罪应从严惩处。为了加强对职务过失犯罪的处罚力度,从刑法理论的角度分析刑法处罚职务过失犯罪的现状、进行中外刑事立法的比较研究、论证从严惩治的法理、提出完善刑事立法的建议是十分必要的。     

Construction of crime and the criminal: pathologies of the Italian legal system

This paper discusses the functioning of the Italian legal system, especially with respect to crime and immigration. While political discourse from both right and left stresses the need for the ‘security’ and ‘control’ of immigration, the larger legal-political framework only increases the number of ‘irregular persons’ whose only chance of making a livelihood is to engage in ‘irregular’ jobs. Consequently, public attitudes towards immigrants are becoming systematically tied to ‘crime’ and ‘illegality’. The Italian state draws heavily on its resources to sustain judges, prosecutors, lawyers and a large bureaucratic apparatus, repeatedly running trials that aim to punish crimes often related to the essential condition of being a migrant. Most of these crimes represent no threat to security, nor violate social norms or trust among citizens. Therefore, Italian legislation has the ultimate effect of attracting, above all, those migrants that are willing or more prone to live in a condition of illegality, rather than those that are willing to abide by the law.     

Governing childhood through crime prevention: the case of the German school system

Over the last decade, numerous crime prevention programmes have been implemented across the German school sector. Although several serious violent attacks have happened in the last 12 years in German schools, the emergence of crime prevention programmes within the education sector cannot simply be conceived as a reaction to a rise in youth crime. Following Michel Foucault's writings on power and governmentality, and drawing upon extracts of a discourse analysis of crime prevention programmes and political speeches, we argue that crime prevention within German schools signifies a new mode of governing childhood. Although we focus on Germany, our findings may illustrate an international trend within education policy, which first tends to spatialise socio-structural problems and transform them into local solutions, and second seeks to create childhood subjectivities that cause children to feel responsible for their own safety, while simultaneously subjecting children and young people to wide-ranging social control via area-based networks.     

Colonial rule,colonial repression and war crimes in the Italian colonies

A strange silence has long reigned in the public memory as well as in Italian historical studies regarding possible crimes committed by Italy in its colonial territories. The aim of this article is to reflect on the reasons for this silence through an examination of the major historiographical questions and a review of the few studies available on the subject. The historiographical use of the judicial category of ‘crimes’ or ‘war crimes’ should not be taken for granted, above all in examining the history of the colonial experience. The most important authors have ignored the risk that the sensationalistic use of the category ‘crime’ – in itself an extraordinary and exceptional event – can make one forget the weight of the ordinary running of a colonial power. With these precautions, the article offers a list of the principal episodes historians now unanimously define as crimes. These episodes eliminate any possibility of taking refuge in the self-absolving and vague appeals to stereotypes of Italians as ‘good people’. The article concludes by defining precisely the triple order of silences that together produced the general silence that the author considers an obstacle and a post-colonial stain on the memory of colonial Italy.     

TOWARDS A BIOPOLITICS OF THE VICTIMIZED BODY

This article discusses the creation of assault as a crime against health and life as this discursive process is expressed through Swedish laws, legislative discussions, and legal practice from 1945 to 1965. Inspired by Michel Foucault’s theoretical reflections on biopolitics and sociologist Thomas Lemke’s outline to a analytics of biopolitics, the article argues that a most central component in the genealogy of assault as a crime against health and life was a shift in the first post-war decades, from a predominant legal idealistic paradigm within Swedish jurisprudence, by which assault was defined as a crime against bodily integrity, to a legal realistic epistemology, imbued with the scientific knowledge and empirical ‘truth’-producing practices of modern medicine. As an effect, new discourses around the victimized body emerged, through which prevailing knowledges and ‘truths’ around violent crime and its effects were challenged and marginalized. In this discursive process, the 19th-century legal-moral category of violent crimes finally collapsed into the overarching legal category prescribed by Brottsbalken (1965) as ‘crimes against health and life’. Consequently, the victimized body was deprived of all meaning but ‘life’ and thus created as a biopolitical space, available to series of life-governing interventions and regulatory practices.     

家庭暴力犯罪类型探析

家庭暴力犯罪作为一种复杂的社会现象,是由各种犯罪类型所构成的.本文结合家庭暴力犯罪的特点,按照犯罪学犯罪分类的要求,认为实践中的家庭暴力犯罪大体上按四种类型划分,即根据犯罪客体标准划分,根据犯罪人标准划分,根据犯罪公开程度标准划分,根据案件的诉讼性质标准划分.     

Sexual crime in the Irish Free State 1922–33: its nature,extent and reporting

This paper explores sexual crime in the Irish Free State through the utilisation of hitherto unexamined files held in the National Archives in Dublin. An exploration of these files has provided a deepening understanding of the realities of sexual crime, societal attitudes towards it and the views of those charged with protecting the public. The files also provide valuable insights into attitudes towards female sexuality, the nation's youth and the rights of children. Additionally, the files have facilitated the widest study, to date, of the reporting of sexual offences trials by local and national newspapers – a study that shows that the overwhelming majority of sexual crime prosecutions were never reported in the nation's press and that those that were, were reported in ways that obscured the actual nature of the offence or portrayed them as alien, non-Irish crimes committed by outsiders. The article demonstrates that sexual crime in the Free State was an ideological as well as a law enforcement issue in a newly emerging state sensitive to the views of its enemies and the outside world and insecure about its place in it, a nation that legitimised itself, in no small part, as a beacon of Celtic Catholic purity in a world otherwise sullied by sin.     

Die geskilpunte in die investituurstryd

Abstract

Representations of urban Africans in ‘black films’ have kept pace with changing apartheid policies and legislation governing the migration of Africans to South African urban centres. ‘Black films’ have gone from depicting Africans in urban centres as an undifferentiated mass to more nuanced and complex representations that reflect a changing society. However, what has remained constant in all the films discussed in this paper is the thematic preoccupation with African crime and criminality, as well as the compulsion to moralise that crime doesn't pay.     

The Prosecution of Informers in Eastern Germany, 1945–51

This work is an examination of the practices and experiences of administering transitional justice in post-war eastern Germany after 1945, examining the adjudication of informers as indirect perpetrators of crimes against humanity. Allied occupation law allowed for the prosecution of informers retroactively in the German courts through legislation specifically enacted for the purpose of prosecuting crimes against humanity. The implementation of the law and the prosecution of informers in the Soviet occupation zone under the auspices of the military government administration, and then later in the early years of German Democratic Republic of Germany is examined. This work also addresses the theoretical and practical problems associated with the implementation of the law, and the lessons to be drawn from this historically significant attempt to call individuals to account for their crimes against humanity after they had occurred through the use of retroactive legislation.     

城市犯罪中的非公共空间盲区及其综合治理

城市犯罪中的空间盲区是形成犯罪载体的重要因素。本文在阐明城市犯罪空间盲区的产生机制及其综合治理的任务的基础上,重点分析了非公共空间盲区的防控脆弱性及其外在、内在的防控盲点,提出了治理此类盲区的工作思路,讨论了治理非公共空间盲区的外部环境和内部环境以及提高非公共空间警戒能力的工作途径。成功的综合治理可以对有效地预防犯罪、中止犯罪、制伏罪犯、消减犯罪危害性等起到积极作用,可以为城市犯罪的空间防控作出积极贡献。     

Counter‐terrorism and the Regulation of Civil Society in the USA

This article examines the impact of counter‐terrorism measures on non‐profit regulation in the USA, where some of the most interventionist legal and policy responses took hold soon after the brutal attacks of September 2001. It highlights the sternness of these measures by comparing the US approach to counter‐terrorism and charity regulation with that of the UK. It suggests that the different institutional arrangements for charity regulation in the two countries account in part for different treatment and policy choices, with implications for civil society groups working domestically and overseas. The article particularly analyses the impact of legislation and policy on the American philanthropic sector, and the responses of civil society to measures enacted and undertaken in the USA. It argues that groups directly affected by the new legislation and hardened policy, especially Muslim charities and some civil liberties group, have openly resisted these measures, while mainstream non‐profit sector and philanthropic institutions have often acquiesced in the introduction of new policies, ‘guidelines’ and legislation, opposing them only when they felt directly threatened.     

EU counterterrorism strategy: value added or chimera?

Europe did not wake up to terrorism on 9/11; terrorism is solidly entrenched in Europe's past. The historical characteristics of Europe's counterterrorism approach have been first, to treat terrorism as a crime to be tackled through criminal law, and second, to emphasize the need for understanding the ‘root causes’ of terrorism in order to be able to prevent terrorist acts. The 9/11 attacks undoubtedly brought the EU into uncharted territory, boosting existing cooperation and furthering political integration—in particular in the field of justice and home affairs, where most of Europe's counterterrorism endeavours are situated—to a degree few would have imagined some years earlier. This development towards European counterterrorism arrangements was undoubtedly event‐driven and periods of inertia and confusion alternated with moments of significant organizational breakthroughs. The 2005 London attacks contributed to a major shift of emphasis in European counterterrorism thinking. Instead of an external threat, terrorism now became a home‐grown phenomenon. The London bombings firmly anchored deradicalization at the heart of EU counterterrorism endeavours.     

Geographies of criminal victimization in Canada

This paper provides a summary review and analysis of some of the recent literature on the geography of crime and criminal victimization, especially as it relates to Canada. The topic is approached from a risk perspective focussing on human vulnerability to criminal victimization. The analysis reveals divergent perspectives in the literature. On one hand, the most readily accessible literature is that of the dominant geographical representation of crime in Canada which is found in the official reports of the criminal justice system, media reports, and social science texts. This perspective concentrates on offences and maps of the spatial distribution of crime. On the other hand, there is a less integrated literature which is both critical of, and complementary to, the dominant view. This literature emphasizes the victims of crime and gives particular attention to the role of local context and community in conditioning human vulnerability. These different perspectives reflect a fundamental spatial tension between a criminal justice system which attempts to manage the hazards of criminal activity through technocratic, large scale, and centralized practices, and the need and desire of individuals and communities to maintain some degree of local control over their own vulnerability and public safety. Cet article nous donne un bref résumé ainsi qu'une analyse de certains ouvrages traitant de la géographie du crime et de la “victimisation criminelle” dans une perspective canadienne. Le sujet est abordé du point de vue du risque et plus particulièrement sur celui du sentiment de vulnérabilité face à la “victimisation criminelle.” L'analyse met en évidence deux perspectives divergentes dans ce domaine. D'une part le matériel le plus accessible traite sans doute de la répartition du crime à travers le Canada, telle qu'elle apparaît dans les rapports officiels du système pénal, dans les médias et les manuels de sciences sociales. Cette approche tend à s'attacher aux crimes et à leur distribution géographique. D'autre part, il existe des ouvrages de perspective beaucoup plus mixtes qui sont à la fois critiques, mais adhèrent aussi à l'opinion prévalente. Ces derniers s'intéressent davantage aux victimes du crime et insistent tout particulièrement sur le rôle du contexte local et de celui de la communauté dans le conditionnement de la vulnérabilité chez l'individu. Ces différentes perspectives reflètent la tension fondamentale qui existe entre une justice pénale tentant de gérer les risques associés à la criminalité grâce à des mesures centralisées, purement technocratiques, exécutées à grande échelle. Elles reflètent aussi à la fois le besoin et le désir des individus et des communautés de vouloir exercer un certain contrôle sur leur propre vulnérabilité et sur leur sécurité publique.     

‘The enemy is at the gate’:1 Russia after Beslan

This article examines the changes that have taken place in Russian domestic and foreign policy after the Beslan hostage crisis of early September 2004. The terrorist attack has had two immediate effects in Moscow: it shook new convictions about the apparent consolidation of Russia and it reinforced old beliefs in the need to strengthen the Russian state. In order to analyse recent changes, the article discusses the policy framework put in place during Putin's first term to strengthen the state and to build a more favourable external environment. Putin's response since the Beslan attack is founded on the premise that the only effective response to the terrorist threat is to reinforce the 'organism' of the state to withstand further attacks and to manage their consequences. The article examines the limits of the policy framework in place since 2000, where a circular logic is at work, in which terrorist attacks produce greater efforts by the government to strengthen the state but with measures that do little to prevent further attack, which, in turn, stimulate a further securitization of policy. The terrorist attack at Beslan has accelerated this logic, which sits uneasily with Putin's twin vision since 2000 of domestic modernization to revitalize the country and external engagement to create a predictable external setting.     

Resistance,Charity, and Rebirth in Roberto Rossellini's Rome,Open City

Abstract

With its use of contemporary events, location shots, and a plot that mixes comedy, tragedy, and passion play, Roberto Rossellini's 1945 film Rome, Open City founded the movement known as “Italian Neo-Realism.” The film vividly presents the Christian teaching on the relation between religion and politics. Rossellini asserts that a Christian Europe can be reconstructed only on a foundation of charity rather than hate, vengeance, or even justified punishment for Nazi crimes. It is not on the basis of tales of resistance that Italians and Europeans can be reborn, Rossellini argues, but on the basis of the Christian command to “love your enemies.” European rebirth means the installation of a moral order that makes parenthood feasible and respectable. By reflecting on Rossellini's masterpiece, I examine the triumph and the tragedy of the Christian Democratic Europe that Rome, Open City foretold and helped to found.     

Post conflict identities: Affiliations and practices of Somali asylum seeker children

Following the 2005 terrorist attacks on London it emerged that two of the terrorists charged with the failed 21st July bombings had arrived in the UK as child asylum seekers from East Africa. In the ensuing debate the bombers were represented as children that turned to hate. In this discussion paper we draw on empirical work conducted in Sheffield, UK to explore the identities, affiliations and practices of Somali asylum seeker children, aged 11–18.1 ¹This ongoing research is being funded by the ESRC Identities and Social Action Programme (Award No: RES-148-025-0028) View all notes Specifically, we argue that the actions of the two bombers need to be framed within a broader understanding of the complex processes of social identification that take place as young people negotiate what it means to be a child in the context of different ‘age’, gender and racialised expectations and against a backdrop of discrimination and social exclusion in different relational geographical spaces. We begin by outlining the context of UK immigration policy, before reflecting on dominant constructions of both childhood and asylum seekers. We then discuss how these may shape young refugee and asylum seekers' own narratives of the self and the role that their mobility and specific sites of identity formation may play in this process. In doing so, we contribute to children's geographies by addressing a group – refugee and asylum seekers – that has been neglected within the sub-discipline.     

Rome's ‘legal’ camps for Roma: the construction of new spaces of informality

This article examines the ways in which Italian legislation and local policy in Rome since 2007 have aimed at containing and controlling the Roma population, but have resulted instead in the Italian state's own violations of national and international human rights standards. Roma have been relocated to isolated mega-camps subjected to regulations, surveillance and ‘workfare’, which, rather than reducing crime and increasing formal employment, leave residents few alternatives to illegal or semi-legal income generation. These camps also appear to generate ambiguous relationships between local officials, police officers and powerful individuals within the communities. They are thus loci in which various dimensions of illegality and power intersect and merge. The analysis explores the grey areas created by contradictory and hyper-bureaucratic regulations and attempts to shed light on the strategies of survival through informality that emerge within the interstices of the law.     

The Space of Local Control in the Devolution of us Public Housing Policy

Sweeping changes in national policy aim to radically transform public housing in the United States. The goal is to reduce social isolation and increase opportunities for low income tenants by demolishing ‘worst case’ housing, most of which is modern, high‐rise buildings with high vacancy and crime rates, and replacing it with ‘mixed‐income’ developments and tenant based assistance to disperse current public housing families. Transformation relies on the national government devolving more decision‐making power to local government and public housing authorities. The assumption here is that decentralizing the responsibility for public housing will yield more effective results and be more efficient. This paper explores the problematic nature of decentralization as it has been conceptualized in policy discourse, focusing on the underlying assumptions about the benefits of increasing local control in the implementation of national policy. As this paper describes, this conceived space of local control does not take into account the spatial features that have historically shaped where and how low income families live in the US, including racism and classism and a general aversion by the market to produce affordable rental units and mixed‐income developments. As a result, this conceived space of local control places the burden on low income residents to make transformation a success. To make this case, Wittgenstein's (1958) post‐structural view of language is combined with Lefebvre's view of space to provide a framework in which to examine US housing policy discourse as a ‘space producing’ activity. The Chicago Housing Authority's Plan for Transformation is used to illustrate how local efforts to transform public housing reproduce a functional space for local control that is incapable of generating many of the proposed benefits of decentralization for public housing tenants.     

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.