牛津大学Keith Hawkins讲座通知

[ 作者]: [ 发布时间]: 2018-03-08 [ 来源]:

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2018年3月8日星期四上午,牛津大学法与社会荣誉退休教授Keith Hawkins博士在工程馆114教室举办讲座。
 
讲座信息:
主题:The Reality of Law and Legal Processes: A Decision-making Perspective
主讲嘉宾:Keith Hawkins 教授
主持人:林彦 教授
讲座语言:英语
时间:2018年3月8日 9:00-11:15
地点:上海交通大学徐汇校区工程馆114教室
 
内容摘要:
This lecture discusses the reality of law in practice taking the central position of legal rules as a starting point. There are various problems with legal rules, most notably the fact that rules do not apply automatically, but are used by human beings who choose whether and how to act. Law in practice is a human process. The idea of choosing means the introduction of discretion, a concept which causes difficulties for formalist lawyers. Discretion is controversial, and is distrusted by lawyers who see it as the embodiment of arbitrary or capricious behaviour. This in turn is criticised for being unpredictable in practice. In fact, however, discretion in the real world is often rule governed. If discretion causes problems in practice, legal rules can equally cause problems. This is because the meaning of legal rules is not clear and self-evident as formalist lawyers like to claim. One consequence of the problem of rules as experienced in the real world of legal practice is the extent to which lawyers and legal officials have to rely upon discretion: the practical power to decide whether or how to use the law. This is the power to translate the words of the law into action. Discretion is both inevitable and central to the legal order.
 
This lecture discusses the circumstances in which legal rules are transformed into action. It will suggest different ways of thinking about legal processes, and decision-making in particular. The legal process can be regarded as a serial decision-making system in which legally relevant matters are handled over time, often by different decision-makers, before being discarded or – in rare cases – ending up in a trial in the public arena of the courtroom. Finally, a new theory of legal decision-making will be presented suggesting a different way of understanding what is involved in legal decision-making.
 
 
嘉宾介绍:
Keith Hawkins holds the degrees of LL.B. (Birmingham); Diploma in Criminology, M.A., and Ph.D. from Cambridge University; together with an M.A., and D.Phil. from Oxford University. His first post was as Research Fellow of Gonville and Caius College, Cambridge. When the Centre for Socio-Legal Studies was opened in Oxford University in 1972 Hawkins was appointed as the first member of the research staff, together with a fellowship at Wolfson College. In 1993, Hawkins was appointed by the University to a newly established teaching position in Oxford and moved to a Tutorial Fellowship in Law at Oriel College, where he remains as Fellow Emeritus. Hawkins retired from Oxford University as Professor Emeritus of Law and Society in 2006, whereupon he was appointed Visiting Professor at the London School of Economics for a period of four years.
 
Hawkins has held a number of academic posts overseas, including a Ford Foundation Fellowship at Columbia Law School New York; a Visiting Fellowship at the National Institute of Justice in the US Justice Department, Washington DC; and Visiting Professorships at the law schools of the University of Texas in Austin and the Ohio State University. Among other appointments, Hawkins served as a Member of the Parole Board for England and Wales on two separate occasions, and was for many years a member of the Research Committee of the American Bar Foundation in Chicago. He also served for nearly 20 years as General Editor of Oxford Socio-Legal Studies, a series of books published by Oxford University Press, and was editor for nearly 20 years of the journal Law and Policy.
 
Hawkins is the author or editor of a number books. Most notable of these is a large monograph: Law as last resort: prosecution decision-making in a regulatory agency (Oxford University Press), a book which was awarded the Herbert Jacob Prize of the American Law and Society Association in 2003. The Jacob Prize is awarded annually ‘to recognize new, outstanding work in law and society scholarship’. The Prize is ‘open to books from all fields of, and approaches to, law and society scholarship’, covering ‘all aspects of the field and from any country of origin.’ The book was described as ‘a major contribution to law and society scholarship’. Hawkins is also the author of Environment and enforcement. Regulation and the social definition of pollution (Clarendon Press, 1984, reprinted 1993). This volume was selected for inclusion in the British National Corpus (‘a 100 million word collection of samples of written and spoken language from a wide range of sources, designed to represent a wide cross-section of current British English’). Among his edited works, the best-known is The uses of discretion (Clarendon Press, 1992). In addition, Hawkins is the author of nearly 60 published papers and many book reviews which have appeared in: British Journal of Criminology, British Journal of Sociology, Criminal Law Review, Journal of Social Policy, International Journal of Criminology and Penology, International Journal of Sociology of Law, and Public Law.
 
欢迎凯原法学院广大研究生、本科生同学参加!
 

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