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This article studies illegitimacy, which was a canonical impediment to ordination, within the English clergy between 1198 and 1348. Scholarship on illegitimacy in the clergy has previously relied on canon law, conciliar decrees, and dispensations preserved in papal registers. Using these sources, historians have concluded that the papacy tightly controlled illegitimate men's access to orders, that the burdens of obtaining dispensations for illegitimacy (the defectus natalium) could pose substantial obstacles to a man's clerical career, and that priests' sons made up a significant percentage of the illegitimate clergy. This article, which draws on the large and previously untapped body of dispensations surviving in English episcopal registers to supplement the papal sources, reaches different conclusions. It argues that the great majority of illegitimate clerics in the thirteenth- and fourteenth-century English clergy were the sons of unmarried lay parents. It further argues that dispensations were more readily accessible than has previously been suggested, and emphasises the importance of local branches of the ecclesiastical hierarchy to an individual's efforts to attain a dispensation to enter holy orders.     

生命的畸形博弈:清代命案中的顶凶现象新考

与历代诸多代人受刑的案件相比,清代命案中的顶凶案件有其自身的特点。顶凶案发生的原因和情节错综复杂,成为一种危害深重的畸形社会现象。发生时间表现为乾隆以降,数量逐渐增多;发生区域以福建、广东地区的械斗顶凶案件最为典型;立法过程表现为例文与司法的相互调适并趋向宽纵。从一手史料出发,对顶凶案件背后的生成机制和司法实践进行探寻和考证,可以在一定程度上揭示清代社会民众的政治生态、文化心理和价值取向,透视出官方与民间的互动实态。     

从国际法论中日钓鱼岛争端及其解决前景

章认为从国际法方面看钓鱼岛的主权属于中国,日本所主张的“无主地先占”原则根本不能成立。根据联合国新海洋法和国际司法判例,钓鱼岛不应享有大陆架和专属经济区,亦不具有划界效力。中日东海大陆架的划分应遵循公平和自然延伸的原则。在和平解决争端的前景下,钓鱼岛问题面临三种可能的选择。     

长春市城市地域的演变过程与发展趋势

长春市作为近代迅速发展起来的省会城市,城市地域的形成具有较为特殊的历史背景。本文从长春不同历史阶段城市地域的发展特征出发,在分析其所处的地理位置、人文环境、现代产业形成的基础条件及其在中国现代史上所处的特定历史地位的角度上,求证长春市城市地域发展演变的规律性问题,以期为今后长春市地域发展趋势作出准确的战略性判断,并最终为以长春为核心的吉林省城镇体系的构建打下良好的基础。     

Handling Sorcery in a State System of Law: Magic,Violence and Kastom in Vanuatu.

ABSTRACT This paper addresses the consequences of a local sorcery accusation that came to the attention of Vanuatu state police, courts and media. The paper discusses what happens to sorcery practices when these become absorbed into a modern, bureaucratic context. The argument revolves around the national imaginary formed by state power and the mass media in people's contemporary lives. In formulating new forms of opposition to sorcery, they also create a new imaginary space of national belonging.     

A conception of the self in the later middle ages

This paper presents a conception of the nature of the individual self in the late middle ages, involving the stance from which the ‘I’ beholds the world (in this case, one newly more autonomous from the corporate/ecclesiastical world view), and the manner in which the self (‘I’) apprehends itself (in this case, self-apprehension involves sensing that one's essentially public face is ‘being seen’ as standing out from the group by others, as well as knowing oneself via ‘reflections’ from others). A theme of ‘seeing’ the world from a more autonomous standpoint while ‘being seen’ as a more separated psychic entity is discerned, which is in keeping with an emphasis on vision in this age, discerned by other researchers. The paper bases its case partly on examination of the arguments and evidence cited by other researchers who have studied the self or individuality in the later middle ages.     

论数字版权的刑法保护

数字版权的刑法保护是近几年来兴起的一项交叉且边缘性的研究领域。随着数字产业在我国的发展,大量的版权违法犯罪也相伴而生,然而中国现阶段侵犯知识产权犯罪立法却存在着诸多弊端。笔者建议,通过立法,扩大刑法保护对象,修改犯罪行为方式,进一步加大著作权的刑法保护力度,完善数字版权的刑法保护体系,从而达到更好地保护网络知识产权的目的。     

Balancing and Limiting Episcopal Power: Bishop Thomas Barlow’s Use of Common Law in Disputes with Arminian Anglican Clerics

Thomas Barlow was a Reformed theologian simultaneously fighting on three fronts against Catholic, Dissenting Protestant and Arminian Anglican opponents. The first two of these groups threatened the Church of England from the outside, while the last group was transforming Anglican doctrine through its domination of the most important posts in the episcopal hierarchy. Barlow could not argue directly against the power of bishops without assisting the external opponents, yet he had to find a way to prevent other bishops from interfering in his continued support for Reformed theology. In order to reduce their power within the Church of England, Barlow had to look outside the institution for ways to limit his superior’s power. This essay examines two arguments in which Barlow ventured into polemics about the secular law of England in an effort to maintain limits on his Anglican opponents’ exercise of power.