薛福成与中英梅生私运军火一案的交涉

梅生案是上海、镇江两海关在1891年查获的一起以英国人梅生为首的私运军火案。由于治外法权的存在,该案由上海会审公廨审理,最终的结果是判处梅生九个月监禁。此案显然是重罪轻判,清政府对此判决深为不满,责令当时的驻英大使薛福成就此案与英国外务部进行交涉。经过多次艰难的交涉,梅生最终被驱逐出中国,这在一定程度上维护了中国的尊严,阻止了军火走私的蔓延之势,从而为中国赢得了一个有利的国际、国内环境。     

南宋儒家化法官的法治理念与司法实践——以理学家胡颖为例

胡颖是南宋后期的一位颇具代表性的儒家化法官,由于他既饱读经书又通晓法律,所以在他的司法审判中,突出表现出人情与法意并重,教化与刑罚并用的传统法治理念。但在南宋错综复杂的社会现实面前,却有展现出求真务实的时代精神。     

Parenting Disputes After Separation and Divorce: Who Needs a Family Lawyer?

Australia's family law system continues to be plagued by serious delays. This article acknowledges the need for legal interventions in post‐separation parenting disputes in which individuals may be at risk, or in cases of genuine emergency. The article next contrasts cases involving significant risk or urgency with the many ‘ordinary’ (even if sometimes complex) post‐separation disputes over parenting in which these circumstances are not present. I argue that in such cases, legal advice, legally informed dispute processes, and court hearings are remnants from earlier attitudes to separation and divorce. These interventions are expensive, frequently destructive of ongoing parental relationships, and at their heart, inappropriate for considering the needs of children. They also divert time and resources from the critical investigative and legal decision‐making processes needed in urgent or risk‐related cases. I propose that legal narratives in ‘ordinary’ post‐separation parenting disputes be replaced by narratives focused on the main drivers of these disputes, which are invariably expressed in terms of relationship difficulties. Such narratives are amenable to facilitative, therapeutic, and systemic interventions aimed at achieving self‐determined resolutions. They contrast markedly with narratives reflecting common law notion of normative resolutions derived from the application of legal precedent. Key issues in the first section of the article are then teased out via the reflections of an imaginary separated parent in an ‘ordinary,’ albeit difficult and emotionally intense, dispute about how to care for the children. In the final section, I offer brief clinical and systemic reflections on past practice and on future narratives focused on individual self‐determination.     

属性集容量确定的夹挤式测度模式及其推算模型

迄今,为解决多属性偏好关联决策属性集容量判断指数复杂性难题所提出的λ模糊测度模式与k-可加模糊测度模式,以及建构在它们之上的属性集容量确定的推算模型,尚存在着适用性差的技术不足。为此,以平衡容量判断的可操作性和容量推算的准确性为视角,提出了一种新容量测度模式,即关于容量判断与推算的夹挤式测度模式,并在此基础上通过引入决策者较易判断给出的容量序信息构建了相应的容量推算模型。基于数值模拟的对比分析表明：新模式不仅在应用可行性上高于k-可加模糊测度模式,而且从容量推算的准确性上看也明显优于λ模糊测度模式和k-可加模糊测度模式,因而对实际决策具有更强的适用性。     

目标导向层次分析方法

对含有抽象属性的多属性层次结构而言,层次分析法即AHP（包括DIS-AHP、ABS-AHP、IDE-AHP和SUP-AHP四种具体方法）会因比率比较基准缺失、权重内涵模糊不清或方案评价不保序而缺乏科学理性。为发展AHP,基于摆幅置权（SW）判断模式和多属性决策属性价值公度方法,首先给出了能为层次结构抽象属性上的SW判断提供支持的规约性多属性决策属性价值公度方法,然后由此并结合多属性价值理论给出了能够克服现有层次分析法内在缺陷的目标导向层次分析方法即ToAHP。相对于AHP,ToAHP在判断模式与权重内涵、方法建构的理论基础和相关假设检验、方案评价保序与其内在数理依据上具有明显的相对科学合理性。应用分析表明：在输入信息可比的条件下,ToAHP明显优于AHP的四种分析方法之中最具可信性的SUP-AHP方法。     

The Holodomor law and national trauma construction in Ukraine

This article proposes to conceptualize the remembrance of the 1932–33 famine, known as the Holodomor, as cultural trauma construction in Ukraine. This entails the study of how the memory of this devastating historical event became the national collective symbol of suffering with which Ukrainians identify today. Based on Jeffrey Alexander’s concept of cultural trauma, the analysis focuses on the role of political elites and their claim-making regarding the meaning of the famine. Focusing specifically on the 2006 Holodomor law as the main claim of the Ukrainian policy-makers, the article investigates their definition of the historical event, their naming of victims and perpetrators, and their social mediation of famine representations. The article reveals how, through their definition of the Holodomor as genocide, the political elites promoted the understanding that Ukrainians experienced the years of 1932–33 differently from other Soviet nations. The Holodomor law should therefore be seen in the context of Ukrainian nation-building policy, which aims to forge a distinct Ukrainian collective identity.     

协同进化:党组织与虚拟空间法治发展的必然趋势

党组织法治化为虚拟空间法治化提供导航明灯,顺应了虚拟空间治理诉求。虚拟空间法治化为党组织的法治转型和形象塑造提供了时代契机,顺合了党组织的现代化角色需要。这种进化逻辑为党组织消解网络"新疆域"的各种挑战、推进虚拟空间协同治理提供了空间和舞台。     

Suicide,Religion, and Latinos: A Macrolevel Study of U.S. Latino Suicide Rates

Since the publication of Durkheim's Suicide more than a century ago, researchers have been examining the relationship between religion and suicide, and race/ethnicity and suicide. However, no study has examined how religion influences U.S. Latino suicide rates. This study fills a gap in the literature by applying three competing theses to the study of Latino suicide. Results show that (1) religious contextual variables significantly affect Latino suicide rates, (2) U.S.‐born Latinos benefit from religious communities, regardless of denomination or measurement used, and (3) foreign‐born Latinos only benefit from Catholic adherents and homogeneity.     

“Who Are You?”: The Making of Korean “Illegal Entrants” in Occupied Japan 1945–1952

Recent progress in the study of migration history in Japan has cast new light on the influx of Koreans to Japan just after the end of the Second World War in August 1945. Both the Japanese Government and the Supreme Commander for the Allied Powers called this migration illegal entry or smuggling, and tried to suppress it., One important question remains to be solved about this migration; namely; how was it prohibited? Before the Immigration Control Act (1951) was enshrined, and at a time when Koreans in Japan still held Japanese citizenship, how were the authorities able to regard Korean migration to Japan illegal? How did this migration became a political and social problem? Focusing on the legislation process and performance of the law, this article attempts to answer these questions. Politics, legislation, and social interaction all contributed to making the ethnic and legal category of Korean in postwar Japan.     

Beards and Bloomers: Flight Attendants,Grievances and Embodied Labour in the Canadian Airline Industry, 1960s–1980s

This paper examines union grievances dealing with the body, appearance and demeanour fought by the Canadian Air Line Flight Attendants Association, on behalf of its female and male members over a 30‐year period. Taking a historical, materialist‐feminist approach, we examine how workers used the grievance system to resist regulations they believed contradicted their right to dignified labour. We ask how and why bodily regulation differed for men and women, and how this changed over time, as the union merged its male and female job occupations. Using arbitrated grievances, union records and discussion of these issues in the mass media, we show how both feminism and service union activism encouraged flight attendant resistance to airlines’ efforts to regulate the appropriate body and attire for male and female workers. The use of labour law offered workers some respite from regulation, but did not facilitate fundamental questions about the power of management to ‘dress’ its workers.