讲座题目：The English common law method
讲座嘉宾：Keith Hawkins牛津大学Oriel College终身荣誉教授
讲座时间：2018年3月15日下午1:30-3:00
讲座地点：青岛校区振声苑 E206
讲座主持：李叶丹 博士
支持单位：康桥律师事务所
讲座题目介绍
This lecture makes a contrast between formalist legal analysis and socio-legal perspectives. A comparison is drawn between common law and civil law as they appear in theory and practice, with an argument that both models of law probably operate in more similar ways than would be expected from theoretical analysis. English common law treats its judges as persons of special; authority, with real law-making power, raising questions about who becomes a judge, and how representative they are of the public they serve. The basic characteristics of English common law are discussed and illustrated by reference to the famous case of Donoghue v Stevenson. Is the common law method efficient?
讲座嘉宾简介：
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.
