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41.
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Citizens develop routine spatial enunciations through which they “domesticate” both the intensity of transition and the extension of distance implied by moving across a city and smooth out the frontiers between environments of belonging (e.g. home) and environments of non-belonging (e.g. the streets). Yet urban “accidents” constantly threaten the impermeability of such routine spatial enunciations. Beggars represent, from the point of view of citizens, an instance of such urban “accidents”. The primary goal of urban beggars is to intercept the routine spatial enunciations of citizens, stop them, and convince them to donate part of their money. In order to achieve these goals, beggars develop a series of micro-strategies that can be analyzed as both semiotic practices and urban performances. At the same time, citizens constantly reabsorb these micro-strategies in their routine spatial enunciations, pushing beggars to the elaboration of new strategies, and so on and so forth, in a continuous struggle between the citizens’ desire to protect their feeling of sedentary belonging and the beggars’ need to invade it. From this point of view, routines of sedentary belonging are a manifestation of power. But why are citizens willing to have their routine spatial enunciations through the city be stopped by all sorts of agencies (for instance, the commercial agency of advertisement), whereas they cannot wait to expel beggars from the urban landscape? Perhaps this discrepancy depends on the elimination of the spiritual discourse of charity from the urban arena?  相似文献   
43.
Thirty-three shopping bags, commonly encountered in the packaging of drug doses, were characterized by wide angle X-ray diffraction (WAXD). Using this single technique, without sample preparation, nearly all the considered samples could be differentiated, achieving a discriminating power of 0.992. The rather large degree of variability existing in grocery bags, even though they are mass produced, was shown, confirming that these items can be useful in tracing the source of illicit drug doses.  相似文献   
44.
Nowadays democratic liberal societies face a rising challenge in terms of fragmentation and erosion of shared values and ethical pluralism. Democracy is not anymore grounded in the possibility of a common understanding and interpretation of the same values. Neverthless, legal and political philosophy continue to focus on how to reach consensus, especially through monist, objectualist, contractualist, discursive and deliberative approaches, rather than openly affording the issue of disagreement. Far from being just a disruptive force, disagreement and conflict are matters of fact that no reflection on democracy can underevaluate. They are the major issues through which to look at the intersection of law, politics and morals. The inclusion of dissent is a powerful tool for moral recognition of different understandings of justice. That is where legal procedures become crucial. Law is a fundamental element in the building of a democracy. But it is also particularly exposed to disagreement. Language indeterminacy, dogmatic concepts and value pluralism constitute the main elements that lead to alternative and conflicting interpretations of law in a democratic framework. Major legal progress in the past has come from different understandings of the same legal materials. In this article I argue that respect for disagreement should be a moral principle in democracy and that the role of legal disagreement is essential to understand the evolution and the future directions of democracy as the government of a political community. To do so, a link between respect for disagreement and legal interpretation and argumentation must be established in order to make room for reason and avoid extreme skepticism on the contribution of law to the enforcement of democracy.  相似文献   
45.
The examination of damage to a paper towel, an item of evidence in a murder case, is described. Simulations performed with selected tools and the observation of the lacerations present on the towel permitted to infer that they were originated by cleaning of a pointed and sharp implement. Some marks, considered characteristic of scissors, were detected on the exhibit. This experimental outcome resulted critical in challenging the declarations of the suspect. A rather significant analogy between damage examination on paper towels and on textiles was established.  相似文献   
46.
This study assesses key actors’ “worlds of fact” regarding jail overcrowding in California through an examination of their perceptions of causes and effects, support for different solutions, and adherence to major punishment ideologies. How policymakers define and structure a specific problem Gail overcrowding), can influence how policy options are differentially weighed as well as how existing policy processes can be improved. A mail survey was sent to two key decision making groups who largely regulate the intake and outflow of local jails: sheriffs and chief probation officers of the 58 California counties. Group differences in responses were predicted from the perspectives of blame avoidance, domain dissensus, and punishment theory. Relationships were examined among perceived causes, effects, solutions, and punishment ideologies. While both sheriffs and probation chiefs advocated highly similar “control-oriented” punishment ideologies, probation chiefs advocated more “progressive” solutions to jail overcrowding. Perceived causes and effects of jail overcrowding, along with support for deterrence ideology, were strongly related to elite support for three potential solutions: building more institutions, passing tougher laws to deter potential offenders, and using shorter sentences for low-risk offenders. Implications of these results for understanding jail overcrowding and policy processes are discussed.  相似文献   
47.
The Court of Justice of the European Union has come to adopt a peculiar mode of balancing, revolving around a set of ‘general principles of law’, which results in key social rights at the core of the postwar constitutional settlement no longer being sheltered from review by reference to supranational economic freedoms. It is submitted that this does not only imply a kind of ideological restyling of European law, as noted in the literature but, more fundamentally, the erosion of Europe's composite constitutional architecture (at once European and national) resulting from playing down social rights qua ‘constitutional essentials’. As the new jurisprudence ‘obscures’ Europe's constitutional constellation, it is submitted that the Court should rule under the constitution and not over it.  相似文献   
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DNA analysis has been widely used in the forensic field in order to contribute to identifying the perpetrator of a crime. Forensic investigation in sexual assaults usually focuses on locating and identifying biological fluids, followed by DNA analysis. The identification of certain compounds present in condoms can be useful to reconstruct the occurred event, especially in cases of sexual assaults where the DNA analysis did not show the presence of a male profile and where RNA analysis did not show the presence of sperm markers. Herein we describe the case of a woman reporting to be victim of sexual assault, who was not able to provide accurate information concerning the dynamics of the event; she remembered only forced penile–vaginal penetration by a single perpetrator. We performed short tandem repeat (STR) analyses and mRNA typing for forensic genetics testing on vaginal and rectal swabs collected on the victim, and Fourier-transform infrared spectroscopy (FTIR) followed by chromatographic analyses for the detection of condom compounds on the same swabs. The STR analysis showed only the victim’s genetic profile, and RNA analysis showed only the presence of vaginal and skin markers. In this situation, the identification of condom compounds residues on vaginal swabs became important as it complemented other collected evidences allowing the Court to reconstruct the events. A proposal of likelihood ratio (LR) calculation for the assessment of the weight of evidence in this case is described.  相似文献   
50.
ABSTRACT

The sensorial access to the law that a society grants to its members is underpinned by a logic of exhibition and disclosure that, in turn, results from a more abstract cultural propensity to either transparency or opacity. Through investigating the systems of signs by which the functioning of the law is either concealed to external audiences or manifested to them in a more or less spectacular way, one can gain a firmer grasp on the juridical aesthetics of a society. This semiotic approach entails two advantages: on the one hand, the possibility to compare and contrast different regimes of disclosure and secrecy in the synchronic dimension, connecting the discourse of the law with other – apparently distant – types of discourse, adopting the same aesthetics of transparency or opaqueness in other domains of social life and discursive production; on the other hand, the opportunity for a more insightful intelligence of the diachronic development of such aesthetics, so that it may be interpreted as the long-term byproduct of historical watersheds in the history of culture. The article, in particular, proposes to link the socio-pathology of anorexia with several other practices and texts of present-day culture that adopt the same rhetoric of transparency in other discursive arena, including that of law. In all these sign productions, indeed, the trend that predominates is one that, adhering to an ideology of immediacy and transparency, pretends to eliminate all filters, all hindrances, but also all material signifiers that would mar the purity of the content. Although this utopia cannot correspond to any actual semiotic state – for any content needs a material expression to be conveyed – it nevertheless exerts a powerful influence on the present time, until it manifests itself in extreme forms of ‘transparentist’ radicalism.  相似文献   
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