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Legal controls over the importation and supply of pornographic imagery promulgated nearly half a century ago in the Obscene Publications Acts have proven to be inadequate to deal with the challenge of the internet age. With pornographic imagery more readily accessible in the UK than at any time in our history, legislators have been faced with the challenge of stemming the tide. One particular problem has been the ready accessibility of extreme images which mix sex and violence or which portray necrophilia or bestiality. This article examines the Government's attempt to control the availability of such material through s.63 of the Criminal Justice and Immigration Act 2008, which criminalises possession of such images. It begins by examining the consultation process and concludes that an underlying public policy objective was the root of the new offence despite the lack of a clear mandate for such a policy. The article then examines whether this weakness in the foundations for the proposed new offence caused the proposal to be substantially amended during the Committee Stage of the Criminal Justice and Immigration Bill: to the extent that the final version of s.63 substantially fails to meet the original public policy objective. The article concludes by asking whether s.63 may have unintended consequences in that it fails to criminalise some of the more extreme examples of violent pornography while criminalising consensual BDSM images, and questions whether s.63 will be enforceable in any meaningful way.  相似文献   

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Abstract:  For any measurement of a person's height in an image, a difference exists between the actual height of the person and the image measurement. In order to gain knowledge about statistical behavior of differences between actual and measured heights it is necessary to make reference recordings, e.g., of test persons under the same recording conditions. To test whether the differences are dependent on camera and further circumstances, an experiment was set up which involved the measurement of 22 test persons using three cameras of varying quality. Reproducibility of measurements per image appears to be strongly dependent on the camera (quality), whereas systematic bias differs with the view point of the camera. Operator dependency of the measurement process is found, so its repetition by different operators is recommended.  相似文献   

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桃花是中国古代文学中重要的植物意象和题材.由于桃在唐代分布和社会利用的普遍而引起了文人的广泛关注和喜爱.唐代文学中桃花题材和运用桃花意象的作品较前代大幅增加,反映了桃花意象在唐代文学中的重要地位.有关题材进一步开拓,美感特性深入挖掘,情感和思想寓意充分展开,表达技巧明显提高,显示了桃花意象丰富的审美和文化意蕴.唐代文学在桃花意象的审美认识和艺术表现等方面取得了很高的成就.  相似文献   

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The image of the child as the victim of separation or divorce is well-established in legal, socio-legal and popular discourse. However, the authors argue, alongside this traditional image of the child, there is a different image of the child emerging, that of the autonomous, responsible child. This is apparent in academic discourse, policy documents and legal pronouncements. This child is included in the project of 'remoralising' the family by building the 'good' post-separation family. The 'good' child of separation or divorce is responsible for safeguarding his or her own welfare and is expected to make those choices that are assumed to best protect his or her best interests. In order to ensure that the child makes the 'right' decisions, he or she, like the adults concerned, is the target of education, information and therapeutic intervention. There is a blending of paradigms in which the ideal child is both an autonomous social actor and a vulnerable object of concern.  相似文献   

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Criminal activity by women is often viewed as abnormal and as contradicting gender stereotypes. This is particularly so where the crime involves a mother killing her infant, and hence explanations are sought for the woman's crime which are rooted in pathology. This paper examines two predominant images of infanticidal women, the mad and the bad, and provides examples of each. The implications of these images for views of the causes of maternal infant-killing are then discussed.  相似文献   

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This study examines the reliability of age estimation utilizing the Pyle and Hoerr atlas in relation to a modern Scottish population. The knee radiographs of 442 individuals (168 females, 274 males) were age assessed using the Pyle and Hoerr atlas. Analysis showed that there was a strong correlation between chronological age and estimated age (females R² = 0.968, males R² = 0.952). For females, the atlas method was most accurate between the ages of 9 and 15 years of age with an underage of 2.27 months and an overage of 2.38 months. For males, the atlas consistently overestimated age from the age of 9 years to the age of 16 years from between 0.14 and 8.81 months. The standard deviation for females was 9.86 months and for males was 10.75 months. This study showed that the Pyle and Hoerr atlas can be applied to a modern population with small modifications.  相似文献   

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The practice of endodontics, while not as common as today, was performed during the WWII era. Some of the materials used to fill canals during this time period include gutta‐percha, calcium hydroxide, gold foil, and silver points. In this case study, fissures and fractures were present on the exposed root surfaces of the dental remains. Radiographs of the dental remains revealed canal systems similar to those obturated with a paste or semi‐solid material. The root surface defects appear to be the access point for the radiopaque material. As demonstrated in the case presentation, the radiographic image suggestive of a treated canal may easily mislead the analyst. The analyst should be suspicious of a radiopaque artifact if no evidence of access is apparent and fissures/fractures are present on the root surfaces. The defects in the tooth structure may possibly be explained by the exposure to a wet or damp environment.  相似文献   

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International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -  相似文献   

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International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -  相似文献   

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Several recent films have villainized the health-insurance industry as a central element of their plots. This Article examines three of those films: Critical Care, The Rainmaker, and John Q. It analyzes these films through the context of the consumer backlash against managed care that began in the 1990s and shows how these films reflect the consumer sentiment regarding health-insurance companies and the cost controlling strategies they employ. In addition, the Article identifies three key premises about health insurance in the films that, although exaggerated and incomplete, have significant factual support. Ultimately, the author argues that, despite their passionately critical and liberal tone, these films actually put forward solutions that are highly individualist and conservative, rather than inclusive and systemic.  相似文献   

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新世纪小说中所塑造的妓女形象,成为了一种特殊的喻体,一种感知与体验新世纪中国现实的叙事符码,一种思考中国现代性的媒介。"逼良为娼型"的妓女形象,以妓女苦难叙事揭示城乡二元结构的不平等,追问现代性的冷酷;"赏心乐事型"以妓女自甘堕落的愉悦叙事,批判消费主义时代的精神病像,"知亡国恨型"延续"妓女救国"的故事母题,表明作家重返传统的取向。这三者均表现出反思、质疑与批判现代性的立场。而"从良幻灭型"则对阻滞现代性的传统道德观念表达出愤怒,彰显的是吁求现代性的急切。同为妓女形象,扭结了对现代性不同的价值立场,亦充分说明了中国现代性的特殊性与复杂性。  相似文献   

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The Periodic Mobile Forensics (PMF) system investigates user behavior on mobile devices. It applies forensic techniques to an enterprise mobile infrastructure, utilizing an on‐device agent named TractorBeam. The agent collects changed storage locations for later acquisition, reconstruction, and analysis. TractorBeam provides its data to an enterprise infrastructure that consists of a cloud‐based queuing service, relational database, and analytical framework for running forensic processes. During a 3‐month experiment with Purdue University, TractorBeam was utilized in a simulated operational setting across 34 users to evaluate techniques to identify masquerading users (i.e., users other than the intended device user). The research team surmises that all masqueraders are undesirable to an enterprise, even when a masquerader lacks malicious intent. The PMF system reconstructed 821 forensic images, extracted one million audit events, and accurately detected masqueraders. Evaluation revealed that developed methods reduced storage requirements 50‐fold. This paper describes the PMF architecture, performance of TractorBeam throughout the protocol, and results of the masquerading user analysis.  相似文献   

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数码影像的特征接合重叠比对是取代传统特征接合重叠法的重要方法之一,其在检验中具有明显的可行性及操作优势。  相似文献   

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宪法民法关系之实像与幻影——民法根本说的法理评析   总被引:8,自引:0,他引:8  
童之伟 《中国法学》2006,8(6):160-180
在宪法与民法关系问题上,否定宪法根本法地位的民法根本说近年来有由口头流传转而向书面化发展的趋势。在一国的法律体系中,民法确有其特殊的重要性。作为一种法律学说,民法根本说所反映的是宪法与民法真实关系的倒影,它的形成在认识上根源于两大错觉。就现实性而言,民法根本说在使命和地位方面赋予了民法以其不可承受之重,也倾覆了法治秩序。民法至上论是毫无历史依据和现实根据、违反法律生活常识的臆想。民法宪法平起平坐论违背文艺复兴以来社会发展的基本方向和法治的精神。公法、私法两极化划分的种种说法将法律间的形式方面的差别夸大为性质不同,凭空想象和虚构公私法划分的价值,过度诠释私法自治,并将其作为民法与宪法切割的理由,这些都脱离了法律生活的实际,偏离了建立健全法治秩序的要求。中国要消除民法根本说已产生的和将会有的不良影响,让人们真正信仰和坚持宪法根本说,在促进法学学术进步和促使宪法充分实施两方面都还需要付出巨大的努力。  相似文献   

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