Insofar as the right to free speech is constitutionally protected, the article distinguishes between opinions and facts. Whereas the former is protected as a free speech matter, the latter has nothing to do with the r...Insofar as the right to free speech is constitutionally protected, the article distinguishes between opinions and facts. Whereas the former is protected as a free speech matter, the latter has nothing to do with the right to free expression Holocaust Denial concerns denying facts and therefore, it is not a question of freedom of speech. At the same vein, inquiring into the conceptual grounds of the theory of criminalization, the article provides that Holocaust Denial cannot and should not be criminalized.展开更多
Auditor independence provisions enshrined in the Sarbanes-Oxley Act （SOX） were promulgated in 2002 in response to the Errron-Anderson scandal leading to a diminution of trust in the audit profession. In seeking to r...Auditor independence provisions enshrined in the Sarbanes-Oxley Act （SOX） were promulgated in 2002 in response to the Errron-Anderson scandal leading to a diminution of trust in the audit profession. In seeking to regulate auditor independence in the name of investor protection, SOX has been heralded as ＂ground-breaking＂ public interest reform. Ironically, when one considers the substance of these reforms and contrasts them with the situation prevailing in South Africa, a different impression results. Despite the fact that South Africa is classified as a ＂developing＂ nation and one which has only recently transitioned to democracy, many of the auditor independence principles legislated under SOX have been part of generally accepted practice in South Africa since the 1950s. Accordingly, SOX may not be the progressive example of auditor regulation that it is generally perceived to be.展开更多
The concept of Burger （citizen） lies at the heart of Kant＇s philosophy of law, where it appears in three contexts. Correspondingly, we can distinguish three different senses of the concept： generic, specific and u...The concept of Burger （citizen） lies at the heart of Kant＇s philosophy of law, where it appears in three contexts. Correspondingly, we can distinguish three different senses of the concept： generic, specific and universal. Re-interpretation of these three senses of the concept enables us to clarify ambiguities and show how this concept has evolved theoretically and how its characteristic features of universality, construction and coercion should be understood. On the basis of Max Weber＇s examination of the concepts of city dweller and citizen, we show the socio-historical origins of the Kantian concept of Biirger. It can be seen that the mechanism for this term＇s evolution from the sense of ＂city dweller＂ to the sense of ＂citizen＂ is the universalization of rights. ＂Citizen＂ represents a mode of existence within the framework of Recht （law or right） that man himself has constructed.展开更多
For much of its history, the criminal law of England, and hence of its colonies, counselled husbands to control and correct their wives. The ability to exercise effective domestic authority was an important index of m...For much of its history, the criminal law of England, and hence of its colonies, counselled husbands to control and correct their wives. The ability to exercise effective domestic authority was an important index of manliness. So too was the willingness to use measured force in order to secure sexual relations with an unwilling wife. Criminal law thus immunised husbands from the crime of rape. The great political theorist John Stuart Mill condemned these extensive powers of the husband and called the patriarchal family a ＇nursery of the vices＇. The leading Victorian criminal law jurist James Fitzjames Stephen took the opposite view. The manly man should take control of his little kingdom of the family and criminal law should cede him his sex rights, as it did. Modern criminal law has modemised men and curtailed these rights to women. The husband＇s immunity from rape prosecution has been abolished. What was once endorsed in a manly man is now officially condemned. And yet the discipline of criminal law, as a whole, has not been reconsidered or reconceived. There has been remarkably little reflection about its gendered history and what is has meant for the past and present moral education of men.展开更多
文摘Insofar as the right to free speech is constitutionally protected, the article distinguishes between opinions and facts. Whereas the former is protected as a free speech matter, the latter has nothing to do with the right to free expression Holocaust Denial concerns denying facts and therefore, it is not a question of freedom of speech. At the same vein, inquiring into the conceptual grounds of the theory of criminalization, the article provides that Holocaust Denial cannot and should not be criminalized.
文摘Auditor independence provisions enshrined in the Sarbanes-Oxley Act （SOX） were promulgated in 2002 in response to the Errron-Anderson scandal leading to a diminution of trust in the audit profession. In seeking to regulate auditor independence in the name of investor protection, SOX has been heralded as ＂ground-breaking＂ public interest reform. Ironically, when one considers the substance of these reforms and contrasts them with the situation prevailing in South Africa, a different impression results. Despite the fact that South Africa is classified as a ＂developing＂ nation and one which has only recently transitioned to democracy, many of the auditor independence principles legislated under SOX have been part of generally accepted practice in South Africa since the 1950s. Accordingly, SOX may not be the progressive example of auditor regulation that it is generally perceived to be.
文摘The concept of Burger （citizen） lies at the heart of Kant＇s philosophy of law, where it appears in three contexts. Correspondingly, we can distinguish three different senses of the concept： generic, specific and universal. Re-interpretation of these three senses of the concept enables us to clarify ambiguities and show how this concept has evolved theoretically and how its characteristic features of universality, construction and coercion should be understood. On the basis of Max Weber＇s examination of the concepts of city dweller and citizen, we show the socio-historical origins of the Kantian concept of Biirger. It can be seen that the mechanism for this term＇s evolution from the sense of ＂city dweller＂ to the sense of ＂citizen＂ is the universalization of rights. ＂Citizen＂ represents a mode of existence within the framework of Recht （law or right） that man himself has constructed.
文摘For much of its history, the criminal law of England, and hence of its colonies, counselled husbands to control and correct their wives. The ability to exercise effective domestic authority was an important index of manliness. So too was the willingness to use measured force in order to secure sexual relations with an unwilling wife. Criminal law thus immunised husbands from the crime of rape. The great political theorist John Stuart Mill condemned these extensive powers of the husband and called the patriarchal family a ＇nursery of the vices＇. The leading Victorian criminal law jurist James Fitzjames Stephen took the opposite view. The manly man should take control of his little kingdom of the family and criminal law should cede him his sex rights, as it did. Modern criminal law has modemised men and curtailed these rights to women. The husband＇s immunity from rape prosecution has been abolished. What was once endorsed in a manly man is now officially condemned. And yet the discipline of criminal law, as a whole, has not been reconsidered or reconceived. There has been remarkably little reflection about its gendered history and what is has meant for the past and present moral education of men.
