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1.
LI  Ju-qian 《美中法律评论》2009,6(12):59-59,62
The author Prof. Kim has studied in the fields of international law and space law for 28 years, and has published more than 30 articles in English and Japanese in prestigious law journals and books in the United States, the United Kingdom, Canada, Germany, Japan, The Netherlands, Singapore, the Philippines and Macau. His new book entitled Essays for the study of the international air and space law (English language: 540 pages and Japanese language 246 pages, total 786 pages) was published by the Korean Studies Information Co., Ltd. on December 15, 2008.  相似文献   

2.
Legal scholar James Boyd White has challenged both lawyers and rhetoricians to imagine the law as an enterprise of language. In contending that members of the legal profession should see law as an activity of speech and imagination occurring in a social world, he has urged lawyers to view the legal profession as an interaction of authoritative texts and as a process of legal thought and argument instead of thinking of law as a technical system of regulations and applying its rules in a mechanical way. By asking members of the legal professional to consider law as rhetoric, White has encouraged them to recognize the socially constitutive nature of language, which runs contrary to a perspective of law as machine or, rather, the law as only a mechanistic system of rules and regulations. His ideas have inspired the "law and literature" movement, which has motivated other scholars to analyze the texts of judicial opinions, for example, according to White's theories. However, this essay takes White's concept of imagining the law and applies it public address and, specifically, to the 1965 "Crime and the Great Society" speech given by former Los Angeles Police Chief William Parker. Chief Parker's address reveals a vision for the City of Los Angeles in which Parker, himself, asks his audience of citizens and civic leaders to share for advancing a specific agenda for law enforcement's role in society.  相似文献   

3.
This article takes as a starting point, key claims from studies of the invention of the human category "white" during the late Seventeenth Century in Colonial North America: that "white" reflecting a unique group of humanity was an invention deployed to divide laborers; that white people were by law assigned greater material value and rendered more valuable; and that those who were seen as white were thought to be like the British and believed to be superior to those seen as nonwhite. Each of these claims will be briefly reviewed. Building upon the foundation of whiteness studies in law and history, this article explores what Ian F. Haney Lopez identifies as the "common knowledge" of race, the legal standard established within naturalization prerequisite cases in order to determine whether one was racially "white" by law. This article works to bridge the ideas revealed through studies of the invention of white people within Colonial North America and this legal standard that emerged in the 1920s. U.S. expansionism, immigration and naturalization law in the Nineteenth and Twentieth Centuries provide critical areas of inquiry for the developing understanding of the "common knowledge" of race and the role of law in the construction of race.  相似文献   

4.
5.
The debates on euthanasia are quite common nowadays, but few refer to euthanasia in newborns. But the day-to-day medical activities pose a lot of questions about the medical treatments of premature or newborn infants (with severe malformations which were not detected during pregnancy). What is the criminal liability of the doctor in case of omission of treatment in newborns with severe birth defects? The work will focus on an analysis of crimes of abortion, the omission of medical treatment and murder and injuries. At last I will try to identify the main trends to find a solution to the different situations-such as injury of the fetus in utero, the omission of treatment of newborns with severe malformations and the omission of basic health care of infants with minor malformations.  相似文献   

6.
The constitution is a living document, which being the case, there is a need to increase the understanding of the constitution through systematic research and teaching at various levels. This paper aims to be a catalyst that inspires creative action to claim and advance certain new constitutional rights encapsulated in various world's constitutions. It seeks to raise awareness of new constitutional rights. World's most constitutions have incorporated constitutional provisions that ensure the entrenched new fundamental human rights. The latest constitutions, including South African constitution of 1996 are advanced and have included significant number of rights which were left out in the old constitutions. The courts are given the widest possible powers to develop and forge new remedies for protection of constitutional rights and the enforcement of constitutional duties.  相似文献   

7.
Objective: To detect the changes of (interleukin, IL)-1α, IL-1βand IL-13 mRNA in lung tissue and serum of drown rats, and to explore the potential value for the diagnosis of drowning in forensic practice. Methods: Eighteen SD rats were randomly divided into drowning group, blank control group and myocardial infarction group (as control group). The serum of right ventricular, the inferior lobe of right lung and the myocardium were taken from the rats in different groups. The expressions of IL- 1α, IL-1βand IL-13 mRNA in the lung tissue and the serum of right ventricular were detected by TaqMan probe method. Results: The expression differences of IL-1α, IL-1βand IL-13 mRNA in lung tissue between drowning group and blank control group, myocardial infarction group were not statistically significant (P>0.05). The expression of IL-1βand IL-13 mRNA in serum of right ventricular increased (P<0.05). The expression differences of IL-1α, IL-1βand IL-13 mRNA in serum between blank control group and myocardial infarction group were not statistically significant (P>0.05). Conclusion: The changes of cytokines IL-1βand IL-13 mRNA in the serum of right ventricular of drown rats are statistical significance, which are highly correlated with drowning. © 2018 by the Editorial Department of Journal of Forensic Medicine.  相似文献   

8.
The interrogation and lengthy detention of the accused by Japan's police and prosecutors without access to legal counsel has generated many forced confessions in Japan's criminal court. As results, past research estimated that a large number of innocent people have been falsely convicted, and some of them were even executed for crimes they have not committed. Since almost all of indicted cases result in convictions in Japan's criminal court, allegations of wrongful convictions have raised serious human rights issues, and the use of forced confessions in criminal proceedings has long been criticized by families of the accused, their attorneys, legal scholars, citizen activists, and international human rights groups. This paper examines whether or not the 2009 introduction of the Saiban-in Saiban (the quasi-jury trial), where ordinary citizens deliberate together with Japan's bureaucratic judges, helps prevent instances of wrongful convictions. As Japan's high conviction rate has substantiated that the Japanese court may be another bureaucratic system that is more interested in preserving its own authority and maintaining the status quo, the infusion of non-bureaucratic legal participants into the traditional judicial process may create the potential to alter the nature of trial processes, the quality of deliberations, and thus ultimate outcomes of criminal trials. Based on interviews and survey responses from Japan's grand jury (i.e., Kensatsu Shinsa-kai, or prosecutorial review commission (PRC)) participants and American citizens who served in jury trials, the paper explores the ways in which civic participation in criminal processes may affect the quality of legal decision making in Japan's criminal court.  相似文献   

9.
The European Union in its task of coordinating the different social protection systems recommends member countries to take steps to prevent economic imbalances caused by ageing populations. Spain and other European countries-such as Sweden, Italy or Germany, follow the trends marked by the European Union with regard to pensions. In recent years, these countries have carried out reforms to be entitled to benefits, increase the proportionality between contributions and benefits and introduce formulas similar to private funded systems. These reforms will lead to retirement pensions linked to contributions becoming an airtight system, thus excluding the most vulnerable workers from them. This work aims to show that this type of restrictive measures despite being formulated in a neutral way, fail to correct-and actually increase-the differences between women and men in employment, since women are more affected by unstable working conditions than men. Lower wages for women and higher incidences of their careers being interrupted to attend to family duties will make access for women to retirement pensions even harder. The shortfalls in the protection of retirement pensions contrast sharply with a common European employment policy which aims to raise the employment rate of women. Having examined the incidence of this type of reforms from a gender perspective, the final aim of the work will be to show whether the European directive against discrimination regarding Social Security, headed by Directive 79/7 and displayed in the European Court of Justice's case law, constitutes an adequate regulatory tool to neutralize those reforms which lead to indirect discrimination.  相似文献   

10.
Small arms have been frequently used in perpetration of human rights violations, and thus need to be subjected to legal scrutiny. This piece attempts to contribute this aim by making a legal analysis of the issue of state complicity in arm transfers. Drawing a frame of applicable laws, it highlights the importance of Article 16 of the ILC Draft Articles on State Responsibility where the notion of complicity in international law is typically designed. Moreover, this piece finds the scope of protection provided within this Article limited, and contends that the boundaries of liability for complicit acts must take into account the contemporary political, social, and economic settings for a wider understanding of complicity.  相似文献   

11.
This paper emphasizes the foster children's right to family life and investigates whether change of custody and guardianship to foster parents is a successful option to achieve this right. Using CRC as the base for my definition of the right to family I will include the right to continuity, well-being and a family environment in the understanding of the term "right to family" in this article. These rights may, primarily, be fulfilled by the child's parents, and, if necessary for the best interest of the child, be complemented or substituted by foster or adoption parents. The analysis of different solutions concerning state interventions will base on Swedish law. In Sweden, a child in need of help or assistance as a result of abuse, neglect, or other inappropriate behavior in the home setting may be helped by the Social Welfare Committee-voluntarily or by a court order-in the child's home or a foster home. Other alternatives contain judicial involvement by changing custody and guardianship or making a decision for adoption. Since many years ago, the most commonly used alternative for children needing long term placements outside their homes in Sweden has become foster care. This development of many long-term placements has been criticized for not fulfilling the needs of the children, especially their needs for family continuity, stability and well-being. As a consequence, an amendment to the Social Services Act 200l was enacted in 2003 which states that the Social Services Committee shall consider the "permanence" of foster care by changing custody and guardianship to the foster parents three years later since a child starts in foster care, and every six months thereafter, as long as the child remains in the foster parents' care. Assuming that the foster parents are fit and willing to become custodians and guardians, and the child views the foster home as his or her home, the District Court can decide to change the custody and the guardianship to the foster parents. The assessment is to be based solely on the best interest of the child, and not on the fitness or wishes of the original custodian. However, can changing the custody and guardianship assist foster children's right to family? This paper elaborates on this question by describing a legal reform in Sweden.  相似文献   

12.
Indonesia has a long experience in developing and reforming its labour law in order to response and accommodate fundamental human rights defined within International Labour Organization (ILO) core conventions. It was in particular for enhancing substance of workers' prosperity in industrial relationships in the country. For the purpose of changing paradigm in industrial relationships namely the corporatist model or regulatory model into the contractual model and replacing the single union system with multi-union system in term of labor institution and worker association (particularly based on the ILO Convention No. 87 and No. 98), the government of Indonesia fairly enacted the Act No. 21 of 2000 regarding Trade Unions and the Act No. 13 of 2003 regarding Labor.  相似文献   

13.
Articles 235 and 288 second paragraph EC provide remedies for damages caused by Community institutions, to individuals, legal bodies or States that concern legal obligations outside the scope of contractual relations. Although it did not receive any real application, the principle of liability in the absence of fault is mentioned by the Court in a couple of cases. This article seeks to explore this principle in its due context and in the light of comparative law. To that effect, it is first necessary to make a short recall of the historical case law in this field, to analyze afterwards the latest jurisprudential developments (FIAMM/FEDON case), and finally to consider the future prospects of this principle in the Community law through two options. One alternative would be to adopt more lenient conditions for the application of Community's liability for fault and notably a progressive abandon of the current serious fault regime and the adoption of the simple fault regime. Another option would be to remove the tort nature from the no-fault liability and to move from the reparation of damage to a compensation for the breach of the equality.  相似文献   

14.
e browse background and design navigational maps properly in VE and WWW for reducing cognitive burden and improving 搃mmersion?in VE.virtual environments, www, hypertext, disorientation0心理科学进展Journal of Developments In Psychology76-82B845F102;1;E;FF102_1;沈昉000  相似文献   

15.
Lower labor costs and realization of profits have been key components in the expansion of the global market. As we continue to witness the prolific liberalization of the global market, it is essential that we remember the importance of human capital. Workers play a paramount role in the realization of continued and sustained global market growth. Paradoxically, sustained growth in the global market is also fueled by the absence of workers' rights and the resulting reduction of labor costs. Thus, multi-national companies and workers employed by multi-national companies, have encountered a seeming contradiction of workplace realities. From a capitalistic economic perspective, it is necessary for multi-national companies to compete for market share and realize profits. However, in order to promote social harmony and ensure against large-scale social unrest, workers must be given basic rights ensuring economic security and workplace justice. China has enacted the Labor Contract Law to address challenges surrounding these issues. This paper will discuss the efficacy of China's embracing the rule of law so as to effectively enforce the Labor Contract Law. The paper will also give an overview of the concepts forming the foundation of the rule of law. Further, the paper will offer a brief comparative analysis of the United States' use of the rule of law in relation to resolving post-slavery labor issues. Finally, the paper will recommend a model system for use by China in enforcing the Labor Contract Law.  相似文献   

16.
y and evolvement     
ulfuzation,and discussed merits and defects of different kinds of desulfurizers.It indicated that the main technique of flue gas desulfurization in china is calcium way with calcic desulfurizer,and the most potential one is using ammonia as desulfurizer.Controlled sulfur pollution effectively and rejected seconda  相似文献   

17.
While the health crisis in developing world has caused innumerable deaths, the balance between patent protection and public health attracts lots of debates globally. This paper examines the legal background for the access problems of essential drugs in developing countries, evaluates TRIPS agreement and the WTO decisions in theory, argues both patent protection for pharmaceuticals and TRIPS agreement are the genuine causes for the access problem, then attempts to provide some suggestions and evaluations for the possible solutions. Though the development of national pharmaceutical industries, adoption of early working exemptions, compulsory license, parallel import, acquirements of generic drugs and discount drugs, amendments of TRIPS agreement are all beneficial measures, the access problem may only be solved at an international level.  相似文献   

18.
I. INTRODUCTION This article addresses three major topics that are important in deciding whether to codify evidence law and in designing an evidence code. First, the article sets out some of the positives and negatives to codifying evidence law.  相似文献   

19.
Various conventions and national constitutions are differently worded and the interpretation of national constitutions, in particular, reflects different approaches to the concepts of equality and non-discrimination. Different approaches adopted in the different national jurisdictions arise not only from different textual provisions and from different historical circumstances, but also from different jurisprudential and philosophical understanding of equality. The jurisprudence of courts makes clear that the proper reach of the equality right must be determined by reference to the society's history and the underlying values of the Constitution. It has been observed that a major constitutional object is the creation of a non-racial and non-sexist egalitarian society underpinned by human dignity, the rule of law, a democratic ethos and human rights. From there emerges a concept of equality that goes beyond mere formal equality and mere non-discrimination which requires identical treatment, whatever the starting point or impact. The question is, how does the state, in limiting religious freedom, conform to the standards of an open and democratic society based on human dignity, equality and freedom? The hope is that the conclusion of this paper will then be able to be extended to more controversial cases, in particular, involving limits on the right to freedom of expression, culture and belief.  相似文献   

20.
South Africa was colonized by European powers from as early as the seventeenth century and all aspects of the indigenous population were transformed, alternatively, subjected to the norms of life of the colonial powers. This led to the erosion of African names and the replacement therefore by colonial names. The South African Geographical Names Council Act is intended to address this legacy.  相似文献   

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