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Stillbirth and early neonatal mortality in late19th century London : Implications from Lying-in Hospitals
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Generative Artificial Intelligence and Act on the Protection of Personal Information : Focusing on the Provision of Personal Data to Third Parties, Including the Cloud Exception
No full textJudicial Guidelines on Punishing Diehard “Taiwan Independence” Separatists and Their Implications for Democracy
No full textOn June 21, 2024, the Supreme People’s Court, along with several other government agencies, issued a joint “Opinion,” or a set of guidelines on imposing punishments on diehard “Taiwan Independence” separatists for engaging in or inciting secession. According to the “Opinion,” the defendants can be pursued indefinitely, tried in absentia, or sentenced to death in especially serious cases. However, what actually defines this crime is anything but clear, as there are many “any other” clauses and vague concepts. Moreover, there is little factual basis to the so-called “jurisprudence,” and in some cases it logically collapses. As Chinese authorities have no de facto jurisdiction in Taiwan, it does not seem realistic to apply the “Opinion” to people in Taiwan. However, considering the provisions which allows trials in absentia and unlimited confiscation, along with the prevalent practices of collective punishment in mainland China, the “Opinion” will definitely have a chilling effect on the words and actions of the Taiwanese people. Although it may sound odd with the characteristics described above, the “Opinion” and related documents claim their legitimacy in having “the general people of Taiwan” or “the mainstream of the public” on their side. Ironically, since Xi persists in trying to give the appearance of “democracy”, there remains some scope for Taiwanese and other like-minded people to pursue dialogue and persuade people on the other side of the Taiwan Strait. As the “Chinese-style” is arguably ascending to a new world standard, the thoughts and arguments surrounding the “Opinion” have become crucial to democracy, not only in Taiwan but also for everyone who cherishes the concept
Admissibility of Out-of-Court Statements and Procedural Rights of the Accused（2）
No full textThis paper attempts to provide insight into the existence and content of procedural rights that should be guaranteed to an accused person in criminal proceedings through a discussion on the abolition of the common law hearsay rule in England and Wales. By the time Criminal Justice Act 2003 abolished the common law hearsay rule, the Law Commission had issued a consulting paper and report concerning hearsay evidence in criminal proceedings. There, the basis for the hearsay rule and its relationship to the European Convention on Human Rights are discussed. The ECHR recognizes the need for special protection for the accused when hearsay evidence is admissible. The objective of this paper is to clarify the specific procedural rights guaranteed to the accused by identifying the basis on which the specific safeguards provided for in CJA 2003 were enacted and how they are operationalized
Irish Constitutional Tradition and Natural Law Theory
No full textThis article considers Professor Jacobsohn’s understanding of the Irish Constitution as acquiescent constitutionalism on account of Irish constitutional provisions based on natural law theory derived from Catholicism. Natural law theory touching on theological words in constitutional texts as a symbol of Irish nationalism was actually used in the context of the independence of Irish jurisprudence from British legal tradition. The legal role of natural law theory was to justify constitutional rights and judicial reviews against legal positivism and parliamentary sovereignty. In particular, natural law theory held the potential to embody unenumerated rights and to reject unconstitutional constitutional amendments, giving rise to judicial activism. However, natural law theory presented serious difficulties, in particular, the lack of democratic theory, such as constitutional amendments, causing natural law theory to be rejected by the Supreme Court of Ireland. This meant that natural law theory was temporarily the nationalistic legal basis for Irish jurisprudential independence. From this perspective, Professor Jacobsohn misunderstands the Irish Constitution, because natural law theory was not a Catholic idea as such. Contrary to the cliché that the Irish Constitution is old-fashioned, natural law theory activated Irish constitutional practices, leading to the establishment of a new Irish legal order
Nanako Fujita, Economists Who Shaped Society: From the Vision of the Swedish Model to its Development
No full text【書評】『社会をつくった経済学者たち―スウェーデン・モデルの構想から展開へ―』名古屋大学出版会 2022.9 438ペー
Deciphering the Neo-Fisherian Effect
No full textWe propose a novel empirical strategy to detect the neo-Fisherian effect, which typically refers to the short-run increase in inflation associated with a long-lasting increase in the nominal interest rate. Our procedure is agnostic about the nature and persistence of the shock that gives rise to such an effect. It only requires this shock to explain the largest fraction of the conditional variance of the nominal interest rate at a long but finite horizon, while being orthogonal to a standard monetary policy shock. Using simulated data, we show that our methodology is remarkably reliable both asymptotically and in short samples. When we apply it to U.S. data, we find strong evidence supporting the existence of a neo-Fisherian effect, and show that the underlying shock accounts for the bulk of the variability of the nominal interest rate and inflation at essentially any forecasting horizon, while explaining a non-negligible fraction of output fluctuations at business-cycle frequencies. Bayesian analysis of competing New Keynesian models indicates that the data favor the interpretation of the identified shock as a liquidity preference shock rather than an inflation target shock as is usually suggested in the literature.First Draft: June 2024 , This Version: December 2024Financial support from the HEC Montr´eal Foundation, the Japan Society for the Promotion of Science (grant # 23H00048), and the Hitotsubashi Institute for Advanced Study is gratefully acknowledged
