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目前市面上正流行一部由克拉克·约翰逊执导的DVD影片:《S.W.A.T》,其中文译名有多种,比如《反恐特警组》和《洛城特警》等。这张DVD碟片由美国八大影业之一的哥伦比亚/三星(Columbia/TriStar)公司于2004年6月1日正式发行。很多人看过后都说很过瘾,故事情节当然是虚构的,不过,原型却是真实存在的,那就是位于洛杉矶东六街251号的洛杉矶警察局特别武器战术小组。S.W.A.T实际上是SpecialWeaponsAndTactics的首字母缩写,意思就是“特别武器和战术小组”。影片根据20世纪70年代的同名电视剧集改编而成,正是这部电视剧让洛杉矶警察局特别… 相似文献
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Jeanne L. Schroeder 《Law and Critique》2007,18(1):117-142
H.L.A. Hart’s jurisprudence seems antithetical to Jacques Lacan’s psychoanalysis. Professor Schroeder argues that, in fact,
Hart’s concept of law has surprising similarities to Lacan’s ‘discourse of the Master’. Both reject a command theory of law:
subjects do not obey law out of fear. Moreover, both insist that the authority of law is completely independent from its content.
Anyone seeking to develop a psychoanalytically sophisticated critical legal theory should reconsider Hart. As insightful as
his concept of the symbolic is, Lacan has no expertise in legal systems and does not discuss positive law per se. Although he posited a theory of ethics in his Seventh Seminar and the seeds of a jurisprudence are implicit within his theory,
he offers no account of legal right, justice or what Hart misleadingly calls ‘morality’. A Lacanian jurisprudence must, therefore,
be supplemented by other sources.
Moreover, legal positivists should not dismiss psychoanalysis. As insightful as Hart’s jurisprudence is, his theories of legal
subjectivity and linguistics are simplistic and his concept of law too narrow. He describes only one aspect of legal experience:
obedience to law. He ignores what most legal actors do: Hart’s concept of law excludes the practice of law. Although Lacan’s ‘master’s discourse’ surprisingly parallels Hart’s jurisprudence, Lacan does not restrict the symbolic
to the master’s discourse. It requires three other ‘discourses’. Lacan, therefore, supplements Hart. Specifically, Lacan’s
fourth discourse describes the excluded practice of law and provides the mechanism by which ‘morality’ can critique law.
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Jeanne L. SchroederEmail: |
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Netherlands International Law Review - 相似文献
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In Bilski v. Doll, the U.S. Supreme Court is called to define one of the categories of patent-eligible subject matter, “process” patents. In 2008, the Court of Appeals for the Federal Circuit held that the category has a narrow meaning, and that to be eligible for a process patent under 35 U.S.C. § 101, the invention must involve a machine or apparatus or involve a transformation to a different state or thing, ultimately rejecting the patent application as unpatentable subject matter. The patent applicants have asked the U.S. Supreme Court to determine two issues: first, the meaning of “process” in 35 U.S.C. § 101 and whether the lower court properly relied on a “machine-or-transformation” test, and second, the test's potential conflict with 35 U.S.C. § 273, which provides protection for “method[s] of doing or conducting business.” The Court's decision could change the way that research and business are done, and patent protection for such investments. Parts 1 and 2 of this article address Bilski directly and what is and is not in dispute. Part 3 addresses the “machine-or-transformation” test, while Parts 4 and 5 address reasons not to adopt such a test. 相似文献
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Regional prosperity increasingly depends on a region’s capacity to have command over the production of ideas. Measuring the
production of ideas with patents, the objective of this paper is to analyze how the number of utility patents granted to inventors
in U.S. States in different technologies changed between 1997 and 2007 and how States took advantage of the new opportunities
and adapted to the changing technology landscape. The paper uses shift-share analysis, traditionally used in employment studies,
for analyzing change in patents by technology categories developed by the NBER. The shift-share results show that only a few
states were able to take advantage of the information technology driven increases in patents. California dominates in patent
production and may be providing spillover benefits to neighboring states. The shift-share decompositions are used as variables
in a fixed-effect panel-regression model of state economic growth. The regression results show that the shift-share decompositions
provide statistically significant information in explaining growth after accounting for a State’s stock of patents, suggesting
that States should concentrate on effective ways to boost their stock of knowledge in rapidly growing technologies to improve
state economic growth. 相似文献
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