“犯罪人心理”与“犯罪心理”辨析

关于“犯罪心理结构”之争,已经集中在“犯罪心理”或“犯罪人心理”这个焦点上。反对“犯罪心理结构”者认为,犯罪心理实际上是不存在的,犯罪人心理在很多方面（甚至一切方面）同守法公民没有区别。因此,犯罪心理学实际上是一门研究“犯罪人心理”的学科。笔者认为,这是一种违反逻辑的、必将导致取消犯罪心理学的推论。     

Genomic Databases as Global Public Goods?

Recent discussions of genomics and international justice have adopted the concept of 'global public goods' to support both the view of genomics as a benefit and the sharing of genomics knowledge across nations. Such discussion relies on a particular interpretation of the global public goods argument, facilitated by the ambiguity of the concept itself. Our aim in this article is to demonstrate this by a close examination of the concept of global public goods with particular reference to its use in the context of genomic databases. We content that the argument for construing genomics as a global public good depends on seeing it as a natural good by focusing on features intrinsic to genomics knowledge. We shall argue that social and political arrangements are relevant and that recognising this opens the door to construing the use of global public goods language as a strategic one.     

Immigration

It is not a fundamental human right to live wherever one would most like to be. We have to ask when a state should admit people not its citizens wishing to enter and settle within its territory. To exclude someone from entry to a country where he wishes to settle infringes his liberty. When anybody's liberty is infringed or curtailed the onus of proof lies upon those who claim a right to infringe or curtail it, other things being equal. This paper argues that there are two reasonable grounds for refusing entry to would-be immigrants. First, in order to avoid genuine overpopulation; and second, to protect vulnerable cultures being submerged by large numbers of people of a more robust culture. Neither of these restrictions applies in the case of Britain and the paper concludes by demanding an immediate liberalisation of immigration laws and immediate public recognition by government of the benefits of immigration and determined discouragement of xenophobic propaganda against it. This revised version was published online in July 2006 with corrections to the Cover Date.     

Environmental Refugees: What Rights? Which Duties?

It is estimated that there could be 200 million‘environmental refugees’ by the middle of this century. One major environmental cause of population displacement is likely to be global climate change. As the situation is likely to become more pressing, it is vital to consider now the rights of environmental refugees and the duties of the rest of the world. However, this is not an issue that has been addressed in mainstream theories of global justice. This paper considers the potential of two leading liberal theories of international justice to address the particular issues raised by the plight of potential and actual environmental refugees. I argue that neither John Rawls’s ‘Law of Peoples’ approach nor Charles Beitz’s `cosmopolitanism' is capable of providing an adequate account of justice in this context. Beitz’s theory does have some advantages over Rawls’s approach but it fails to take proper account of the attachment that some people have to their own ‘home’. This revised version was published online in July 2006 with corrections to the Cover Date.     

Genocidalism

This is an attempt to develop a more complete understanding of ``genocidalism of commission,' or the genocidal use of ``genocide,' defined stipulatively as ``the energetic attributions of ``genocide' in less than clear cases without considering available and convincing opposing evidence and argumentation.' Genocidalism is a widespread phenomenon regarding the discourse on international affairs in the advanced, liberal societies of the West, embedding a ``normative divide' between the ways of attending to domestic (national) concerns and ways of attending to international issues. I argue that genocidalism is morally wrong, explore its likely causes, and suggest possible ways of getting rid of this hateful practice. This revised version was published online in August 2006 with corrections to the Cover Date.     

Features and investigative implications of muti murder in South Africa

Drawing upon anthropological, legal and forensic publications, an interview with a South African Zulu traditional healer and direct information gained during homicide investigations, the nature of Muti murder is discussed. Muti murder is defined as a murder in which body parts are removed from a live victim for the sole purpose of using the victim's body parts medicinally. These body parts are then often mixed with other ingredients or used alone to make a medicine called muti. Muti is a Zulu (umuthi) word meaning medicine. The victim usually dies as a result of blood loss from the wounds. While muti murders have occurred throughout history in South African culture, little is known about them and little research exists on the phenomenon. The term muti murder has been used interchangeably with the term ritual or sacrificial murder, often adding to confusion in terminology and definitions regarding these types of cases. This paper provides an overview of muti murder, explains the context in which these types of murder occur, defines the offenders and victims involved, and provides guidelines for investigating these types of murders. Two cases where muti murder was suspected are discussed. Copyright © 2004 John Wiley & Sons, Ltd.     

The forgiveness process in primary and secondary victims of violent and sexual offences

It is possible that the physical and mental health of crime victims might be improved by forgiving those who have offended against them. To date, no research has been undertaken to examine the processes that influence victims' forgiveness. The goal of this project was to examine the forgiveness process in primary and secondary victims of violent and sexual crimes. In Study 1, qualitative data were collected by interviewing 21 people who had been affected by sexual or other violent crime. Data analysis identified five themes that were common to both primary and secondary victims, namely benefit of forgiveness, self‐forgiveness, perspective taking, offender behaviour, and time. An empowerment theme was unique to primary victims, and a principal victim theme was unique to secondary victims. To further explore these qualitative findings, a quantitative survey of 60 primary and secondary victims was conducted. Results confirmed that primary victims are pragmatic forgivers who are internally focused and forgive because that will benefit their healing. Conversely, secondary victims did not think forgiveness benefited, or would impact on, their own or the primary victim's recovery process. Neither group saw forgiveness as a moral issue, nor thought that forgiveness should influence whether an offender should face court.     

重复犯罪罪犯人格特征的分析及预防对策

采用《中国罪犯心理测试个性分测验》(COPA-P)I测量罪犯的人格特征,并对初犯和重复犯罪罪犯的人格特征进行比较。结果发现,在攻击性、报复性、犯罪思维模式这三个因子上,重复犯罪的罪犯明显高于初犯。并具体分析了其人格特点,针对重复犯罪罪犯人格的特殊性,提出了在改造过程中相应的措施。     

非法人体试验行为的刑法规制

非法人体试验行为具有严重的社会危害性,而现行刑法又无法全面进行规制,致使该行为得不到公正的处理,影响了刑法预防犯罪目标的实现。根据犯罪化所应当具备的社会危害性、刑法谦让性原则等条件以及国际立法经验,建议刑法修正后增加非法人体试验罪,并参照非法行医罪的法定刑进行刑罚设置。     

How does crime pay? The differentiation of criminal specialisms by fundamental incentive

Most attempts to determine offence specialisms have not benefited from any formal psychological framework of behavioural differentiation. Bandura's framework (Social foundations of thought and action, 1986) of the fundamental incentives to human action offers an interesting perspective on what might underlie differential patterns of offending. The framework draws attention to the distinction between Material, Power/Status, and Sensory incentives, leading to the hypotheses that crimes which share any one of these incentives will be more likely to be committed by the same person, as revealed through high inter‐correlations, but be less highly correlated with crimes with different fundamental incentives. To test these hypotheses the correlations between 42 offending behaviours as self‐reported by 185 convicted young offenders were examined. A Multidimensional Scaling analysis of the inter‐correlations revealed three distinct styles of offending that could be related to Bandura's Material (Cronbach's α = 0.94), Power/Status (α = 0.90) and Sensory (α = 0.76) incentives. The identification of this psychological basis for the differentiation of criminal styles provides a model for considering offenders' patterns of specialisation which is of value both in clarifying the aetiology of different types of crime and in considering which crimes may be behaviourally equivalent when trying to link them to a common offender or infer offender characteristics from crime scene information. Copyright © 2006 John Wiley & Sons, Ltd.