Wordsworth and the old men

In the 1830s the poet William Wordsworth bought government annuities on the lives of old men from the Lake District and elsewhere. This episode is recounted for the light which it throws on the history of the government's life annuity business in the early nineteenth century. An account of this business is given, and an explanation offered for the fact that the government suffered heavy losses at the hands of life assurance companies and other speculators, including Wordsworth and the banker friend who led him into the investment. Wordsworth's financial dealings are also considered from the perspective of a literary historian, for the insights which they afford into Wordsworth's understanding of a poet's public and private responsibilities.     

专利无效补偿机制之探讨

以提高创新能力、促进技术进步和经济社会发展为宗旨的专利法,为专利申请人设立了许多权利与义务,在申请程序与核准后随之而来的义务之一则是费用缴纳成本,包含申请、审查以及维护专利存在的年费等。若专利权后来被无效确定后能够在合理范围内将部分曾经缴纳的费用适当地返还于原权利人,则有利于使发明创造者更愿意将其技术方案申请专利并积极地进行新的发明创造,从而推动科学进步和经济社会发展。     

我国养老保险的历史债务问题

在我国计划体制的养老保险制度下 ,国家承诺在职工退休时为其提供养老金待遇。但当养老保险制度从现收现付制改革为统账结合制以后 ,新制度下的社会统筹账户基金因不足以支付退休人员的养老金 ,而出现了巨额的资金缺口 ,这笔资金缺口构成了我国养老保险的历史债务。国家因其承诺而成为这笔债务的义务履行者。为了保证国家有序履行此债务 ,则需要制定专门的历史债务偿还法来加以规范。     

“The old woman's wish”: widows by the family fire?: Widows' old age provisions in rural England, 1500–1700

This article considers the extent of changes between 1500 and 1700 in the provisions for widows in the wills from two villages in the east of England (Cratfield and Poslingford in Suffolk). Will-makers were by no means a homogeneous group but had more in common with each other than they did with the poor. The stage in life reached by both the testator and his widow helped determine the type of old-age provision received and the degree of involvement with the estate. The existence of young children proved to be not as an important factor in the decision-making process as either age or social status. Some widows received land from husbands who had been yeomen; other received goods. Older testators favored annuities and similar arrangements, while younger testators (under 60) preferred a division of property between the widow and at least one son. When there were minor children, the widow was more likely to be awarded all or part of the landed estate. Over time, greater reliance upon cash and credit created a more fluid and responsive range of old-age provisions but did not completely replace traditional forms of support.     

Understanding Elder Sexual Abuse and the Criminal Justice System's Response: Comparisons to Elder Physical Abuse

A great deal of research has considered the dynamics of sexual assault and the way that sexual assault cases are processed and handled in the criminal justice system. Most of this research has focused on sexual assault cases involving younger victims. Very little criminological research has considered the dynamics of elder sexual abuse. To fill this void, the current study uses a sample of 127 elder sexual abuse cases and 314 elder physical abuse cases to shed some light on the dynamics of elder sexual abuse and the way the justice system processes these cases. Attention is also given to the way that the processing of elder sexual abuse cases can be distinguished from the processing of elder physical abuse cases. Results show that a wide range of elder sexual abuse cases are committed and these cases are processed differently than elder physical abuse cases. Implications are provided.     

The Protection of Reputation in Japan: A Systematic Analysis of Defamation Cases

Although Japanese defamation law has been a subject of legal interest for scholars and judges, their main focus was the defamation rules that appeared in cases publicized by legal reporters. The following study coded 232 defamation cases against the media that were decided in district courts in Japan, according to the type of database that reported the cases. Statistical results reveal that newspapers are more likely to report defamation cases than other databases because stories about defamation cases may satisfy readers' interest or because the newspaper might have been informed by plaintiffs who won their cases. The results also show that the professional status of the plaintiff is a predictor of the case outcome. Politicians and officials are less likely to win in defamation cases than are executives and criminals, and they received lower damages than athletes and entertainers.     

THE INFLUENCE OF BLAME AND BELIEVABILITY FACTORS ON THE PROCESSING OF SIMPLE VERSUS AGGRAVATED RAPE CASES*

In this study we test two hypotheses concerning the processing of simple and aggravated rape cases. First, we test the hypothesis that aggravated rape cases are taken more seriously than simple rape cases by decision makers in the criminal justice system and, thus, aggravated cases will result in more serious outcomes. Second, we test the hypothesis that the influence of factors relating to the blame and believability of a victim on case processing is greater in simple than in aggravated rape cases. Our results indicate that the characteristics and outcomes of aggravated and simple rape cases are surprisingly similar, and that there is little evidence of an interaction between type of case and victim characteristics.     

Therapeutic misadventure. An 11-year study from a metropolitan coroner's office

"Therapeutic misadventure" and its alternative forms is a controversial, though necessary, manner of ruling deaths that result from unexpected complications of medical procedures. Such cases must be brought to the attention of the medical-legal office so that they are thoroughly investigated and documented, and so that appropriate and consistent rulings are made. While it is not generally agreed that a ruling of therapeutic misadventure implies medical negligence, a number of such cases do become the bases for litigation. During an 11-year period in a metropolitan coroner's office that examines about 2,000 cases yearly, 44 cases were ruled therapeutic misadventure, an incidence of 0.46%. A recent increase in such cases is probably the result of improved case finding and investigation. The largest category was that of surgical complications, followed, in order, by complications of anesthesia and of therapeutic and diagnostic procedures, and by drug reaction. No case occurred in ambulatory surgery. There apparently has been a low incidence of attendant lawsuits. The study of cases of therapeutic misadventure is potentially of great value in identifying outcomes and trends, and for the prevention of such cases in the future.     

FAMILIES,COURTS, AND THE END OF LIFE: SCHIAVO AND ITS IMPLICATIONS FOR THE FAMILY JUSTICE SYSTEM

The article discusses a proposed universal adoption of comprehensive family law subject matter jurisdiction, inclusive of end‐of‐life (EOL) cases, as articulated in the unified family court (UFC) concept. It posits, using the Schiavo matter to illustrate the difficulties inherent in EOL disputes, that contested EOL cases are unlike other civil court cases in that they involve intimate facts and emotionally laden family dynamics. As such, these cases pose a distinctive challenge for the courts. The article suggests that contested EOL cases should be heard in a UFC because UFCs include alternative dispute resolution (ADR) protocols to deescalate family strife with the goal of facilitating out‐of‐court settlements and that litigation is an imperfect solution for an EOL dispute. It is also noted that judges presiding in UFCs are more experienced in handling fractious family matters and thus they are more likely to avert protracted litigation if the matter is not settled via ADR.     

我国人民法院应当设立劳动法庭

劳动争议案件具有不同于民商事案件的特点,无论从审判理念、审判模式、法律适用、审理效果等方面分析,由民事法庭审理劳动案件具有多方面不妥.我国劳动争议数量巨大,司法审判任务重.可以参照德国、以色列等国劳动法院的经验,在中国的人民法院设立专门的劳动法庭,待条件成熟后设立作为特别法院的劳动法院,专司劳动案件审判.劳动法庭宜聘请雇主、工会相关人士与法官共同组成合议庭,更专业地审理劳动案件.     

Accidental Hanging Deaths in Children in Konya,Turkey Between 1998 and 2007*

Abstract: In general, hanging cases are the result of suicide, and accidental and homicidal hanging cases are rarely seen. This study retrospectively investigated 4571 death examinations and autopsies that were performed at The Konya Branch of the Forensic Medicine Council (Turkey) between 1998 and 2007; hanging was involved in 201 (6.5%) of the cases. There were a total of 13 accidental hanging cases, where 12 of these involved children. In seven of the cases, the accidental hanging involved a scarf that wraps around swing‐like cradles and is intended to prevent infants from falling down. It was concluded that accidental hanging deaths can be reduced by replacing swing‐like cradles with cribs that are designed for children, removing ropes in and around the house, and preventing children from reaching and/or playing with rope‐like objects.     

Sudden death during arrest and phencyclidine intoxication

Deaths of individuals being arrested are important and complex medicolegal cases. Conclusions regarding the cause and manner of death for such cases must take into account multiple factors that may have played a role, as well as anticipate the forensic issues that will arise. In this article, we review the deaths of 2 individuals in which phencyclidine intoxication was a factor that contributed to death during arrest. Most cases of sudden death during arrest have involved cocaine intoxication; because phencyclidine's pharmacologic properties are quite different from those of cocaine, these cases allow for comparisons to those factors that may have greater importance.     

Bleedings into the Anterior Aspect of the Intervertebral Disks in the Lumbar Region of the Spine as a Diagnostic Sign of Hanging

Abstract: Simon’s hemorrhages are ventral intervertebral hemorrhages located beneath the anterior longitudinal ligament that have been described in cases of hanging and tend to appear in the lumbar region of the spine. There are also reports of Simon’s hemorrhages in cases of blunt trauma, asphyxia, drowning, and putrefaction. In a prospective analysis of 2226 autopsies, we found Simon’s hemorrhages in 65 out of 178 cases of hanging and also in 17 cases in a group of 350 controls with various causes of death. The relative frequency of occurrence of Simon’s bleedings in cases of hanging was 37%. Simon’s hemorrhages can be considered an objective vital finding, which is not absolutely specific for hanging. The absence of hemorrhages in intervertebral disks does not exclude death by hanging. This study suggests that Simon’s bleedings in cases of hanging are more frequent in rather young individuals, in cases with free body suspension, and in individuals with minimal degenerative changes in the lumbosacral part of the spinal column.     

Necessary Evil: Justification, Excuse or Pardon?

The problem of necessary evil is a sub-class of the problem of moral dilemmas. In cases of genuine moral dilemmas the agent cannot avoid doing evil whatever he does. In some cases of genuine moral dilemmas, the options facing the agent are incommensurable. But in some other cases of genuine moral dilemmas, though wrong doing is inescapable, there is a rationally best course of action. These are cases of necessary evil. There are several views regarding the doing of necessary evil. On the closure view it is never necessary to do what is evil. This is the view of some utilitarians and of Kant. Then there are people who believe that it is sometimes necessary to do evil. Of these some (like John Gardner) believe that evil in such cases is justified even though it remains an evil; while there are others (like Gandhi) who believe that evil in such cases can never be justified but it can at best be excused or pardoned. Some even think that in some extreme cases the individual who does evil (even if it is the lesser evil) should be punished even though the individual could not avoid doing evil whatever he chose. The paper stresses the significance of the distinction between justified wrong doing, pardonable wrong doing, and excusable wrong doing.     

Sudden death as the initial manifestation of primary pulmonary hypertension. Report of four cases

Four autopsy cases are presented in which sudden death was the initial manifestation of primary pulmonary hypertension. The arteriopathy was plexogenic in two cases (a 3-year-old girl and a 16-year-old boy) and was thrombotic in two other cases (55- and 59-year-old women). The diagnosis of primary pulmonary hypertension, particularly in forensic cases, requires that the pathologist be especially aware of the possibility and that a careful evaluation of multiple sections of lung be performed. Determination of the histopathologic type also is important because some forms of the disease may be familial and may be treatable in other family members if they are detected early.     

There are nothing but hard cases

Conclusion I have tried to suggest that two types of hard cases can be distinguished: real hard cases which appear when the game of justice is played and a situation appears which the play does not recognize, and false hard cases which are a part of an argument for a certain paradigm (often in key-concept reasoning). To recognize the latter kind of hard cases, one has to know the rules for the paradigm in which such hard cases function as examples.The solution of real hard cases can only be found through a study of how the game of justice is played. And to do this, it is also necessary to recognize the false problems which are caused by mixing in arguments from other language games. The investigation of hard cases must concentrate on what is most familiar to the players and try to separate the grammar of the game of justice from the experience that one can get from playing the game itself.     

建立和完善案例指导制度的几个问题

第一个问题,我觉得在谈案例指导制度的时候,应当弄清楚什么是案例制度,也就是案例制度的概念,我个人理解。最高人民法院“二五”改革纲要里面讲的案例是经最高人民法院认可,并且在最高人民法院公报上发布的、对审理同类案件具有参照借鉴作用的、已经发生法律效力的判决。     

Are Verdicts Credible? Is it Time to Consider the Truth About Lies?

One of the greatest challenges to any Court is to determine the truth in the face of often conflicting evidence. In both the Civil and Criminal Courts, cases stand or fall on what the trier of fact determines is true. In civil cases, this is often a Judge sitting alone, whereas in criminal matters the tribunal of fact is usually a jury. The standard of proof required in criminal cases is ??beyond reasonable doubt??. Juries are directed that they can only convict ??if they are sure??. The jurors might be sure, but are they correct? There now exists a substantial body of scientific evidence, which indicates that humans are very poor lie detectors. In fact, in some experiments even experienced police officers perform only just above chance. Given this inherent flaw in the system, is it not time to re-evaluate how cases are put before the Courts, and what weight is put on oral testimony.     

ASSESSMENTS FOR POSTSEPARATION PARENTING DISPUTES IN CANADA

There is controversy in Canada about the use of assessments by mental health professionals to assist in the resolution of postseparation disputes between parents about their children. Although the principles developed by the Supreme Court of Canada to govern the admission of expert evidence in criminal law cases provides guidance for judges in family law cases, in deciding whether to order an assessment or admit expert evidence, family law judges must also take account of the child-related context. Mental health professionals can provide valuable information that would otherwise be unavailable when making prospective decisions about children. Court-appointed assessors also have a significant institutional role in the family law cases that has no equivalent in the criminal law context. Assessors are important not only for the relatively rare cases that go to trial, but they also play a central role in helping to resolve the much larger number of cases that are settled.