论尸体器官捐赠自愿性原则

尸体器官提取中的自愿原则不仅体现了个人的感情需要,更体现了传统尸体及其器官支配体制承担的巩固社会联系,维系共同道德的功能,不能为器官提取的非自愿方式代替.     

论器官捐献法立法原则--兼论法律对私权利限制的证成

本文以高伟峰医生偷摘尸体眼球救治两病人, 遭死者家属起诉一案作引,提出了应在我国制定器官捐献法,并评述了器官捐献法的两原则 ,从个人权利来源,法律对个人权利限制的证成及我国当前实际情况等角度分析,指出我国的器官捐献法易采取自愿原则.     

论器官捐献法立法原则--兼论法律对私权利限制的证成

本文以高伟峰医生偷摘尸体眼球救治两病人, 遭死者家属起诉一案作引,提出了应在我国制定器官捐献法,并评述了器官捐献法的两原则 ,从个人权利来源,法律对个人权利限制的证成及我国当前实际情况等角度分析,指出我国的器官捐献法易采取自愿原则.     

论器官损献法立法原则：——兼论法律对私权利限制的证成

本文以高伟峰医生偷摘尸体眼球救治两病人，遭死者家属起诉一案作引，提出了应在我国制定器官捐献法，并评述了器官捐献法的两原则，从个人权利来源，法律对个人权利限制的证成及我国当前实际情况等角度分析，指出我国的器官捐献法易采取自愿原则。     

试论我国器官捐赠的民事法律问题

在我国,器官移植虽然起步较国外晚十年左右,但发展较快,其中部分已达到国际水平。我国器官移植工作要进一步发展,面临许多问题。在法律方面,诸如死亡概念,器官捐赠等。本文将从民法角度就器官捐赠的法律问题作一探讨。一、器官捐赠的概念及其特点器官捐赠,是指捐赠人自愿无偿捐出可供移植或医学研究、医学教育的器官,包括活体器官捐赠与尸体器官捐赠.尸体器官捐赠按其捐赠方式,可分为遗赠、死因赠与、推定同意三种。尸体器官捐赠既包括尸体部分器官的捐赠,也包括整个尸体的捐赠.器官捐赠是器官移植的主要器官来源,但非唯一来源.器官移植包括自体移植(用同一体内的器官移植),异种移植(以人造器官或动物器官移植),异体移植(自第三人活     

婚检从强制到自愿引发的思考

2003年10月1日起实施的《婚姻登记管理条例》标志着我国的婚检制度从强制变为自愿,这一改变受到了人们的欢迎,体现了对公民私权利的尊重。随着自愿婚检的实施,一些问题也凸显出来,引发了人们对自愿婚检制度的思考。本文对自愿婚检制度进行分析,采取相关措施,完善我国的自愿婚检制度。     

犯罪嫌疑人自愿供述辨析

新《刑诉法》规定下,侦查讯问遇到了前所未有的挑战,只能是以提升合法手段获取供述的能力,最大限度地获取自愿供述为出发点。而侦查讯问法定强制特点、侦查讯问策略内含的强制性因素又与犯罪嫌疑人的本能的常态的非自愿供述心理之间相互抵触,在侦查讯问实践中如何认识犯罪嫌疑人的自愿供述,提出犯罪嫌疑人"相对自愿"供述观点,成为依法开展侦查讯问,勇于正确实施讯问策略的关键和不能回避的问题。     

非强制招标项目是否适用《招标投标法》

非强制招标项目的招标投标不适用《招标投标法》几乎成了司法实践中的主流意见,这一重大误解导致了不少错判。本文认为非强制招标项目招标投标活动也属于《招标投标法》第二条规定的调整对象,其可以不选择招标方式采购,但一旦招标就适用该法.但自愿招标和强制招标各适用不同的法律制度,许多强制性规定及行政法律责任等特别规则适用于法定强制招标而不适用自愿招标,但自愿招标活动须遵守招标投标过程中体现诚实信用和公平原则的一般规则,否则将破坏公平竞争的市场秩序.     

刑事和解中当事人自愿的司法保障

当事人自愿是刑事和解目的实现的基础,由于加害人、受害人及司法机关的不当行为导致当事人自愿非真实,完善程序,强化监督是保障当事人自愿的关键。     

组织出卖人体器官罪之解读——解析《刑法修正案(八)》第37条

《刑法修正案(八)》虽将组织出卖人体器官罪作为第234条之一,但该罪法益仍应理解为国家器官移植管理秩序和公共卫生之社会法益。组织出卖人体器官,即组织自愿出卖者将活性人体器官作为商品出卖的行为。未征得同意摘取活体器官,构成故意伤害罪(重伤);第37条第二款伤害罪与第一款组织出卖人体器官罪,可在组织出卖罪的范围内成立共犯。将第三款之本人生前未表示同意表述为本人生前未表示不同意可能更加周延;未征得同意或违反规定摘取尸体器官构成盗窃、侮辱尸体罪是注意规定;征得同意摘取、出卖尸体器官,宜以侮辱尸体罪论处。     

Bhartṛhari and Maṇḍana on Avidyā

The concept of avidyā is one of the central categories in the Advaita of Śaṇkara and Maṇḍana. Shifting the focus from māyā, interpreted either as illusion or as the divine power, this concept brings ignorance to the forefront in describing duality and bondage. Although all Advaitins accept avidyā as a category, its scope and nature is interpreted in multiple ways. Key elements in Maṇḍana’s philosophy include the plurality of avidyā, individual selves as its substrate and the Brahman as its field (viṣaya), and the distinction in avidyā between non-apprehension and misapprehension. A closer investigation shows that Maṇḍana is directly influenced by Bhartṛhari’s linguistic non-dualism in developing the concept of avidyā. This study also compares other key constituents such as vivartta and pariṇāma that are relevant to the analysis of avidyā. As the concept of counter-image (pratibimba) emerges as a distinct stream of Advaita subsequent to Maṇḍana, this study also compares the application of pratibimba in the writings of Bhartṛhari and Maṇḍana.     

Immigration,intermarriage and the changing face of Europe in the post war period

In this article we compare the propensity to intermarry of various migrant groups and their children who settled in Germany, France, England, Belgium and the Netherlands in the post-war period, using a wide range of available statistical data. We try to explain different intermarriage patterns within the framework of Alba and Nee's assimilation theory and pay special attention to the role of religion, colour and colonial background. We therefore compare colonial with non colonial migrants and within these categories between groups with ‘European’ (Christian) and non-European (Islam, Hinduism) religions. First of all, religion appears to be an important variable. Migrants whose faith has no tradition in Western Europe intermarry at a much lower rate than those whose religious backgrounds correspond with those that are common in the country of settlement. The rate of ethnic endogamous marriages in Western Europe are highest in Hindu and Muslim communities, often regardless if they came as guest workers or colonial migrants. Whereas differences in religion diminish the propensity to intermarry, colour or ‘racial’ differences on the other hand seem to be less important. This is largely explained by the pre-migration socialisation. Furthermore, the paper argues that the attention to institutions, as rightly advocated by Richard Alba and Victor Nee, needs a more refined and layered elaboration. Institutions, often as barriers to intermarriage, do not only emanate from the receiving society, but also—be it less formalized—within migrant communities. Especially religions and family systems, but also organized nationalist feelings, can have a profound influence on how migrants think about endogamy. Finally, strong pressures to assimilate, often through institutionalized forms of discrimination and stigmatization, not only produce isolation and frustrate assimilation (with resulting low intermarriage rates), but can also stimulate assimilation by 'passing' mechanisms. These factors, together with a more comparative perspective, are not completely ignored in the new assimilation theory, but—as this study of Western European intermarriage patterns stresses—deserve to be included more systematically in historical and social scientist analyses.     

Unraveling the <Emphasis Type="Italic">Kāvyaprakāśa</Emphasis>: Jayadeva Pīyūṣavarṣa’s idiosyncratic sequence of topics in the <Emphasis Type="Italic">Candrāloka</Emphasis>

In his twelfth century alaṃkāraśāstra, the Candrāloka, Jayadeva Pīyūṣavarṣa reverses the sequence of topics found in Mammaṭa’s Kāvyapr-akāśa, an earlier and immensely popular work. With such a structural revisionism, Jayadeva asserts the autonomy of his own work and puts forth an ambitious critique of earlier approaches to literary analysis. Jayadeva investigates the technical and aesthetic components of poetry in the first part of the Candrāloka, prior to his formal semantic investigations in the latter half of the text, thus suggesting that aesthetic evaluations of poetry beneficially inform scientific investigations of language. Jayadeva’s organization of his chapters on the semantic operations, moreover, intimates that the study of suggestive and metaphoric functions of language clarifies our understanding of denotation, which is conventionally understood to be the primary and direct path of verbal designation.     

Illumination,Imagination, Creativity: Rājaśekhara,Kuntaka, and Jagannātha on <Emphasis Type="Italic">Pratibhā</Emphasis>

Sanskrit poeticians make the visionary faculty of pratibhā a necessary part of the professional poet’s make-up. The term has a pre-history in Bhartṛhari’s linguistic metaphysics, where it is used to explain the unitary perception of meaning. This essay examines the relation between pratibhā and possible theories of the imagination, with a focus on three unusual theoreticians—Rājaśekhara, Kuntaka, and Jagannātha Paṇḍita. Rājaśekhara offers an analysis of pratibhā that is heavily interactive, requiring the discerning presence of the bhāvaka listener or critic; he also positions pratibhā in relation to Bildung (vyutpatti) and practice. For Kuntaka, pratibhā, never an ex nihilo creation by a poet, serves as the basis for the peculiar forms of intensified insight and experience that constitute poetry; these may also involve the creative scrambling and re-articulation of the object in terms of its systemic composition. At times, Kuntaka’s pratibhā comes close to a strong notion of imaginative process. But the full-fledged thematization of the imagination, and of pratibhā as its support and mechanism, is best seen in the seventeenth-century debates preserved for us by Jagannātha. A link is suggested between the discourse of poetic imagination in Jagannātha and similar themes that turn up in Indo-Persian poets such as Bedil.     

Preventing Homelessness for System‐Involved Youth

Too many youth and young adults find themselves on the streets, couch‐surfing with friends, in emergency shelters or worse, after exiting the child welfare and juvenile justice systems. In some circumstances, youth have had court hearings until their exit from the legal system, but those hearings have not focused on long‐range plans of youth and emergencies youth may encounter. In other circumstances, there has been little or no planning prior to discharge, especially for young people who leave the juvenile justice system. Courts can and should prevent, alleviate or end youth homelessness for youth who appear before them through strategies that are enumerated in the recently‐passed NCJFCJ resolution. This article expounds on three of these strategies – coordinating transition and re‐entry plans, insisting on effective legal representation of youth, and utilizing sound judicial leadership. It also describes the concurrent efforts of the Coalition for Juvenile Justice and the American Bar Association's Homeless Youth Legal Network to remove legal barriers and improve outcomes for youth and young adults experiencing homelessness.     

Best practices for structuring a family court parenting plan evaluation under the 2022 AFCC Guidelines

Evaluation appointment orders provide enforceable scaffolding for conduct of family court parenting plan evaluations, and use of the evaluator's reports, feedback, file, and testimony. Unlike a contract, a stipulated or adjudicated appointment order is directly enforceable by the family court. It unambiguously positions the evaluator as the family court's appointee – answerable directly to the court and, in some jurisdictions, protected by quasi-judicial immunity from damages claims. A well-crafted appointment order governs the roles and expectations of the court, the evaluator, the parties, the lawyers, and the collateral witnesses. An appointment order mandates the legal duties, rights, powers, and responsibilities of the professionals, the parties, and the collateral witnesses. At minimum, an appointment order articulates the legal basis for the appointment, the purpose and scope of the evaluation, compensation of evaluator, and the duty of the parties to participate in the process. A written evaluation protocol or procedures statement discloses in advance the methods of investigation and assessment that the evaluator intends to use. Together, the appointment order and written protocol help the evaluator, lawyers, parents, and judge manage the complexity of the evaluation process.     

The Supreme Array Scripture: A New Interpretation of the Title “Gaṇḍavyūha-sūtra”

This article argues for a new interpretation of the Sanskrit compound gaṇḍa-vyūha as it is used in the common title of the Mahāyāna text the Gaṇḍavyūha-Sūtra.The author begins by providing a brief history of the sūtra’s appellations in Chinese and Tibetan sources. Next, the meanings of gaṇḍa (the problematic member of the compound) are explored. The author proposes that contemporary scholars have overlooked a meaning of gaṇḍa occurring in some compounds, wherein gaṇḍa can mean simply “great,” “big” or “massive.” This general sense is particularly common in the compound gaṇda-śaila (a “massive rock” or “boulder”) and is found in such texts as the Bhāgavata Purāṇa, the Harivaṃśa and the Harṣacarita. Following the discussion of Gaṇḍa, the author examines the term vyūha (“array”) as it is used in the Gaṇḍavyūha-sūtra. The article concludes with the suggestion that a more appropriate translation of the Gaṇḍavyūha-sūtra would be “The Supreme array Scripture.”     

Evaluation of six presumptive tests for blood, their specificity, sensitivity, and effect on high molecular-weight DNA

Luminol, leuchomalachite green, phenolphthalein, Hemastix, Hemident, and Bluestar are all used as presumptive tests for blood. In this study, the tests were subjected to dilute blood (from 1:10,000 to 1:10,000,000), many common household substance, and chemicals. Samples were tested for DNA to determine whether the presumptive tests damaged or destroyed DNA. The DNA loci tested were D2S1338 and D19S433. Leuchomalachite green had a sensitivity of 1:10,000, while the remaining tests were able to detect blood to a dilution of 1:100,000. Substances tested include saliva, semen, potato, tomato, tomato sauce, tomato sauce with meat, red onion, red kidney bean, horseradish, 0.1 M ascorbic acid, 5% bleach, 10% cupric sulfate, 10% ferric sulfate, and 10% nickel chloride. Of all the substances tested, not one of the household items reacted with every test; however, the chemicals did. DNA was recovered and amplified from luminol, phenolphthalein, Hemastix, and Bluestar, but not from leuchomalachite green or Hemident.     

<Emphasis Type="Italic">Anyathākhyāti</Emphasis>: A Critique by Appaya Dīkṣita in the <Emphasis Type="Italic">Parimala</Emphasis>

In this paper, the problem of illusory perception, as approached by the Nyāya and Advaita Vedānta schools of philosophy, is discussed from the standpoint of the Parimala. This seminal work belonging to the Bhāmatī tradition of Advaita Vedānta was composed in the sixteenth century by the polymath Appaya Dīk?ita. In the context of discussing various theories of illusion, Dīk?ita dwells upon the Nyāya theory of anyathākhyāti, and its connection with jñānalak?a?apratyāsatti as a causal factor for perception, and closely examines if such an extraordinary (alaukika) perception is tenable to explain illusory perception. He then proceeds to point out the deficiencies of this model and thereby brings to the fore the anirvacanīyakhyāti of Advaitins as the only theory which stands scrutiny.     

Monks Who Have Sex: Pārājika Penance in Indian Buddhist Monasticisms

In the study of Buddhism it is commonly accepted that a monk or nun who commits a pārājika offence is permanently and irrevocably expelled from the Buddhist monastic order. This view is based primarily on readings of the Pāli Vinaya. With the exception of the Pāli Vinaya, however, all other extant Buddhist monastic law codes (Dharmaguptaka, Mahāsāṅghika, Mahīśāsaka, Sarvāstivāda and Mūlasarvāstivāda) contain detailed provisions for monks and nuns who commit pārājikas but nevertheless wish to remain within the saṅgha. These monastics are not expelled. Rather, they are granted a special status known as the śikṣādattaka. In this paper I explore the rules. concerning pārājika penance and the śikṣādattaka with specific regard to monastic celibacy. Given that five out of six extant law codes recognise this remarkable accommodation to the rule of celibacy, I argue that we must look to Vinayas other than the Pāli Vinaya if we are to arrive at a nuanced and representative view of Indian Buddhist monasticism.

Grant me chastity and continence, but not yet. Augustine of Hippo (354–430 C.E.)