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This paper provides a brief explanation and illustration of the phenomenon of semiotics. It then describes the conceptual tools of semiotics and how lawyers can use semiotics in law to create compelling arguments. Last, the paper applies the tools of semiotics to the Pennsylvania Supreme Court case Ferguson v. McKiernan, 940 A.2d 1236 (Pa. 2008), to reveal the shift in social context that made the lines of legal reasoning behind the outcome appear “self-evident.”  相似文献   

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Longitudinal offending research has grown substantially in the last two decades. Despite this increased scholarly attention, longitudinal investigations of the effects of offending on physical health have not kept pace. Acknowledging the intersections of criminology, criminal justice, and public health, this study examines the relationship between violent offending and chronic diseases among a nationally representative longitudinal sample of young adults. Results suggest that variation across offender typologies (i.e. adolescence-limited, adult-onset, and consistent violence during youth and young adulthood) significantly predicts experiencing chronic disease in early adulthood, with the risk being the most pronounced among those individuals, who demonstrate violence continuity. Study limitations and policy implications are discussed.  相似文献   

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Several studies consistently demonstrated a positive-negative asymmetry in social discrimination. In line with classical minimal group experiments, laboratory groups favored their in-group when allocating positive resources or evaluating positive dimensions. However, they refrained from discriminating behavior as soon as negative resources had to be distributed between groups. We propose that this is due to valence-specific differences in the consideration and perception of social justice. Several studies tested whether social norms inhibiting in-group favoritism and out-group derogation are differently interpreted or weighed due to the valence of resources. Consequently, a survey of these studies is given and their implications for classical theories on intergroup behavior and future research on social discrimination are discussed.  相似文献   

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《Justice Quarterly》2012,29(6):1102-1126
Research has shown that mapping techniques are useful in forecasting future crime events. However, the majority of prospective mapping techniques has focused on the event-dependent influence of instigator incidents on subsequent incidents and does not explicitly incorporate the risk heterogeneity of the setting. The study here discussed is a modest attempt to address this issue by using a two-step process: first, using risk terrain modeling, we operationalized the “environmental backcloth,” (the risk heterogeneity of an area) to forecast locations of residential burglaries in the urban city of Newark, New Jersey. Second, using the near repeat calculator, we assessed the variability of underlying risk between different types of residential burglaries. A discussion of the findings and the joint utility of these approaches is provided.  相似文献   

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The commitment of the EU to the external promotion of the respect for human rights allegedly distinguishes its foreign policy from that of traditional powers. Yet there is the perception that EU's statements are not always consistent with internal practices. This article analyses one set of EU's inconsistencies that has not been sufficiently studied: the discrepancy between internal and external human rights standards. The article focuses on the promotion and protection of freedom of religion or belief, which has become a priority of the EU's foreign policy. It is submitted that the EU's external position generally reflects values common to the Member States, but is sometimes contradicted by the practice of domestic authorities. The human rights standards identified in the EU's foreign policy may arguably serve as a reference for legal reform and the interpretation of fundamental rights in Europe.  相似文献   

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Objectives

General Strain Theory (Agnew in Criminology 30:47–87, 1992) has received broad empirical support, but little is known about moderators of the strain-delinquency relationship. This study tests whether self-control attenuates the relationship between a certain type of delinquency—violence—and its most important precursor, considered a type of strain: interpersonal provocation. This study compares the conditioning effects of risk-affinity and self-control/impulsivity on the provocation-violence link, since recent work suggests differentiating between both characteristics.

Methods

The provocation-violence link is examined (1) using a scenario design with randomly varied degrees of objective provocation and a measure of projected violence, and (2) with measures of self-reported past violence and subjective sensitivity to provocation. The analyses are based on a large sample of seventh-graders (n = 2635) from five cities in Western Germany, interviewed in 2013. Linear probability models regressing violence measures on personal traits, provocation measures, and their interactions are estimated.

Results

Both self-control and risk-affinity moderate the relationship between subjective sensitivity to provocation and past violent behavior. Students with high self-control are able to control their anger and do not turn violent, even when they feel provoked easily. However, only risk-affinity significantly amplifies the effect of objective provocation on prospective violence when simultaneously controlling for the conditioning effect of self-control.

Conclusions

Findings underscore that both self-control and risk-aversion are important coping resources. This study highlights the importance of using internally consistent and mechanism-congruent measures in the study of illicit coping processes and conditioning factors and discourages from using composite, potentially multidimensional measures.
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Recently, the definition of marriage has been significantly altered. No longer do we find ourselves exclusively in the midst of “traditional marriage” between one man and one woman. Instead, everywhere we experience different kinds of marriages and diverse, nontraditional families. The United States has finally caught up to many advanced democracies in universally recognizing same‐sex marriage through the Supreme Court's decision in Obergefell v. Hodges. However, the next question remains unanswered: what about families of same‐sex couples? This Note explores the nature of same‐sex couples, their families, and in particular, their children. It addresses the issue of the marital presumption of legitimacy and encourages its application to all legally recognized married couples regardless of sexual orientation and biology. Even though prior to Obergefell some states were unwilling to apply the presumption, since the implementation of marriage equality, the next logical step would be to utilize the presumption to ensure that all parents, regardless of gender, are recognized and families are preserved.  相似文献   

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Recent attention on high profile data breaches has overshadowed a potentially greater risk: cyber attacks on large industrial companies causing physical damage, potentially releasing contaminants, and shutting down operations. A handful of publicly reported cyber-attacks, including explosions at an oil pipeline and a steel mill, have highlighted the potential vulnerability of these companies' internet-facing industrial control systems to hackers. The insurance industry has reacted to the growing risk of privacy-related data breaches by marketing and selling so-called “cyber policies.” But these policies typically exclude coverage for property damage and are ill-suited to cover the magnitude of business interruption losses that could result from an extended shutdown of a large industrial operation. That leaves policyholders to look to their traditional property policies. This article examines the cyber-attack risk that large industrial companies face and how those companies' traditional property insurance policies may help mitigate that risk.  相似文献   

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In 1996, the Royal College of Psychiatrists recommended that all psychiatric facilities in the UK develop policies concerning sexuality and sexual expression for persons contained in those facilities. This paper analyses the prevalence and content of such policies in English forensic psychiatric facilities. While the College recommends an individualised approach to sexual and emotional relationships, most hospitals in fact either prohibit or actively discourage such expression as a matter of policy. The paper considers the advantages and disadvantages of that approach. The paper also considers the legal issues surrounding these policies, and in particular the legal authority for governing the sexual and emotional expression of hospital residents and the relevant human rights implications.  相似文献   

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