商鞅法哲学研究

法家学派在时间上有前期、后期之分,在地域上有齐法家和三晋法家之分。商鞅是前期法家名代表人物,其法学理论典型地体现于社会终极理想之中。他认为人类社会的历史可以划分为两大阶段：首先是法治化社会,以法治国,在社会高度法治化基础之上,人类有望进入其理想化阶段——道德自律社会。法的力量由中心退居边缘,伦理道德价值体系开始由边缘走向中心,道德价值体系成为人类社会最高原则。从“法治”到“德治”,这是商鞅法学理论的逻辑过程,也是商鞅法学理论的全部内涵。     

Ethics of heritage: locating the punitive state in the historical penal landscape of Taipei

Research into prison tourism and prison heritage has not taken enough time to understand how historical change has left impacts in urban contexts, which sometimes continues even after the prisons are decommissioned. This paper discusses the punitive state in the context of the historical penal landscape of Taipei through an exploration of how an historical prison was designed, built, partially demolished, preserved and redeveloped under three political regimes. It draws attention to the neglected relationships between punishment, colonial modernity and heritage. Drawing on the literature of dissonant heritage and dark tourism it argues that the way in which the government erased the heritage and evicted squatters without regard for colonial histories and large-scale, post-war migration is yet another way of writing imprisonment into the landscape and ‘othering’ the punished. Furthermore, in tracing the place memories, both within and outside of the high prison walls, it demonstrates the possibilities offered by ethics of heritage, with which we may counter the culture of punishment in the remaking of cities.     

Prisons and incarceration in fourteenth-century Venetian Crete

Though the evolution of prisons and the prison system in medieval Europe is a well-developed field in the history of law, little attention has been paid to prisons and incarceration on the frontiers of Latin Christendom. The present study makes use of archival and literary sources in order to examine how prisons functioned in Venice's most important colony, the island of Crete. As there has been no previous study of prisons and incarceration in medieval Greece, the article's first aim is to establish some basic facts about the prisons of Crete, such as their locations, their organization and their system of administration. More importantly, however, the study investigates the role that incarceration played in the legal system of the Venetian colony and attempts to set this role within the context of the juridical developments of the Late Middle Ages. Of particular interest is the question of how closely the legal system of the Venetian colony followed the judicial practice of the metropolis and whether it was influenced by the pre-existing legal institutions of Byzantium. Finally, the study also examines how the jurisprudence of the colonial regime dealt with offenders of different ethnic background and legal status.     

Chapels and chantries in late medieval and early modern Besançon: the record book of Jean Ferreux,chaplain

During the fifteenth-century reform of the Poor Clares by St. Colette, many new convents were built in France and Flanders. Their chapels were endowed by local benefactors with perpetual chantries. Much later, a diligent chaplain in Besançon reviewed the state of the chantries entrusted to his care. His record describes their condition after a decline of over two centuries, owing to currency devaluation, the collapse of the local aristocracy, and the nuns' neglect of their duties. The chaplain's book shows that these chantries, though founded in perpetuity, maintained their original function for only a few years. After that, even as the benefactors were themselves forgotten, so their chantries slowly fell into disrepair and decline.     

张衡地动仪的发明、失传与历史继承

地动仪的发明和失传存在深厚的社会背景.悬挂物对地震的良好反应是诞生科学思想的物质基础.地动仪是对天然验震器的发展,张衡不仅在利用物体惯性测震上,也在检测和记录地震微弱信号上有技术创新,成功测到公元134年12月13日陇西地震.天诫观念把自然现象与社会问题混为一谈,导致张衡晚年和地动仪的悲剧.仪器可能失传于东汉末年,当时发生了洛阳大火、毁铜铸钱、京师搬迁、人口剧减和灵台被毁等极端严重的社会混乱.张衡的科学思想和实践对现代地震学的起步发挥过思想启迪作用.对地动仪的研究需要开展科学实验,学术观点的统一只能建立在科学实验的基础上.     

论我国《合同法》关于违约金责任的规定

违约金是一种重要的违约责任的实现方式。自《合同法》颁布以来,理论界和司法实践中,围绕着《合同法》第114条关于违约金责任的规定进行了激烈的争论,至今未形成一致的意见。本文认为,我国《合同法》中的约定违约金,既具有惩罚性也具有赔偿性。两种不同性质的违约金与损害赔偿、定金等违约责任的其他承担形式的关系也各自不同。应当承认存在单纯的惩罚性违约金,立法上应当清楚地界定两种性质违约金的区别,以消除理论认识上的矛盾和司法实践中的混乱。     

Is domestic work a worst form of child labour? The findings of a six-country study of the psychosocial effects of child domestic work

In this paper, we report on a study of the psychosocial effects of child domestic work (CDW) in six countries and the relevance of our findings to international legislation. Our results suggest that CDW is highly heterogeneous. While some young child domestic workers work long hours, suffer physical punishment and are at risk of psychosocial harm, others are able to attend school and benefit from good relationships with their employers and networks of support. Child domestic workers in India and Togo were most at risk of psychosocial harm. We conclude that classification of this employment as hazardous would not be appropriate and could be counterproductive and instead propose that legislation focuses on protective factors such as a social and community support.     

宋代流配地域的演变及其影响——以刺配法的实施为中心

宋代刺配刑泛滥,导致触法流配者大为增加。为避免因配隶人群大量聚集而导致的社会治安乱局,宋廷一方面施行诸路间相互移配、散配的政策,另一方面格于军政形势及祖制,将配隶地域逐步由京畿地区向南方远路转移。步入南宋,由于疆域的蹙缩及政治地理格局的剧变,流配地域在进一步南移中逐渐集中于五岭地域的远恶州军,而大量的逃亡配军刑徒与盐寇、峒寇相纠合,加剧了该区域及近邻州军的动乱,成为终宋之世都未能解决的地方军政难题。     

Legislation and Liberalization: The Debate About Corporal Punishment in Schools in Postwar West Germany, 1945--1975

Between 1945 and 1975 West Germany became modernized and liberalized.School education was one of the key fields in which this processwas played out. Methods of school discipline, corporal punishmentin particular, were the subject of heated public debates, reflectingthe broader political and moral issues of West German postwarreconstruction. The article examines the debate and its conclusionin the 1970s by focusing on Hesse, the only Land that bannedcorporal punishment in schools completely in 1946, and Bavariaand North Rhine-Westphalia, which both allowed it under restrictions.Proponents of corporal punishment pointed to the problems withdeviant youth in the postwar years and declared the use of thistype of sanction to be a right given to teachers by customarylaw. Opponents, however, put forward pedagogical, psychological,political, and moral arguments and called for a clear breakwith authoritarian methods of the past as necessary for rebuildingdemocracy. The pace and character of change, however, was determinedin the field of law. While a Supreme Court ruling in 1954 supportedthe opponents' position, a 1957 ruling by another Chamber ofthe same court reaffirmed the traditional customary-law viewof a teacher's right to wield the cane. Customary law couldonly be superseded by written law, but when most Land governmentsfinally abolished corporal punishment in schools in the early1970s, they did so, following Hesse's example, by administrativedecree only. While teachers who violated the ban therefore werenot automatically subject to criminal proceedings, courts remainedreluctant to uphold the ban. The abolition of corporal punishmentin schools, which also came at the price of an increase in bureaucraticregulations about school discipline and school life, can thusbe seen as reflecting the ambivalence of modernization and liberalizationafter 1945.