The difference

Growing up in the 1960s and 1970s meant living in a time of turbulence and change. The music, literature, and films, combined with the passionate activism of the era, profoundly influenced people in my generation. My working class family struggled to raise a family and make a decent living, instilling values of social justice along the way. I knew from an early age that I wanted to make a difference, but had many internal conflicts to resolve before I could effect change. An education in sociology taught me what was wrong in the world and law school gave me the tools I needed to effect change. Working in the court system and with students has made a difference, one person at a time.     

The difference of Chinese legalism and western legalism

This paper analyzes the origin of Chinese legalism, its major propositions and characteristics. It compares the difference between Chinese legalism and other Chinese philosophies including Confucianism, Taoism and Mohism. It also discloses the difference of Chinese legalism and Western legalism in relation with morality. Western legalism defended the rule-of-law but argued against the morality of law. In contrast, Chinese legalism, especially in the early Pre-Qin era, did not separate morality from law. However, the fidelity to law in Chinese legalism was interpreted as the fidelity to the monarch, and thus being different from the Western rule-of-law.     

The discipline of difference: Ethnolinguistic heterogeneity and corporal punishment

The minority threat hypothesis contends that growth in the size of a given minority population along with the ensuing competition for social and political resources will threaten existing social power arrangements. Regarding punishment specifically, the hypothesis states that dominant groups will support coercive measures to keep minority populations sufficiently oppressed. Using the minority threat hypothesis as our theoretical foundation, we posit that the more heterogeneous a population, the more social control will be necessary to maintain societal equilibrium for those in power. In effect a more personal, physical, and visceral response to criminal behavior will be deemed necessary in countries with high levels of fractionalization. This more focused form of social discipline will manifest as corporal punishment. Comparing modalities of punishment against varying population characteristics, we find that countries with higher levels of ethnic, linguistic, and religious fractionalization are more likely to employ corporal punishment against criminal offenders.     

人权与公民权之异同

人权和公民权是两个关系非常密切的概念,它们既有相同之处,又有细微差别。它们的共同点表现为:起源相同,社会基础和制约条件相同,内容基本相同,价值取向和理论基础相同。它们的区别体现在:主体不完全相同,适用范围不同,属性不同,表达方式的差异,实施和监督机制的差异,救济途径的差异。     

What a difference difference makes: gendered harms and judicial diversity

Taking the UK Ministry of Justice's ongoing quest to ensure a more diverse judiciary as its starting point and backdrop, this paper establishes the House of Lords' decision in Secretary of State for the Home Department v. K (FC); Fornah (FC) v. Secretary of State for the Home Department [2006] as a lens through which to explore the ‘difference’ of the woman judge and, in particular, the developing jurisprudence of Baroness Hale—the first (and only) female law lord in the UK. It argues that Baroness Hale's candid recognition and articulation of the gendered nature of the experiences and violence in Fornah's story reveals not only the difference difference (in whatever form) might make to understandings of the judge, judging and justice but also the importance of recognising the transformative potential of judicial diversity to create a space in which difference is celebrated and valued on its own terms, a place where difference can truly make a difference.     

The difference between drug money and a "lifetime's savings"

In many countries, monies suspected of being associated with drug trafficking can be seized by the authorities. One of the ways of investigating this association is through the analysis of seized banknotes for traces of controlled drugs. We report three studies which may assist the expert in assessing whether banknotes contaminated with diamorphine are part of the general population of notes in circulation or whether they show unusual contamination patterns which require explanation. Study 1 is based on three plausible contamination scenarios as they may occur during the various stages of an illicit drug transaction and seizure. It shows that notes which have been in direct contact with visible traces of diamorphine show significantly higher contamination to those in more indirect contact with the drug. Study 2 investigates the transfer of diamorphine from one highly contaminated note to other notes in a bundle over a period of 10 weeks with and without agitation. It was found that the total amount of drug transferred was smaller than 6% and no more than 4 out of a bundle of 10 previously clean notes became lightly contaminated. Based on extensive background data, study 3 proposes a probabilistic model to assess whether an observed proportion of diamorphine bearing banknotes is likely to have been contaminated by chance. The model predicts that there is only a 0.3% chance that a bundle of 100 notes from the general banknote population contains more than six contaminated specimens. Jointly, the three studies give useful indications for the spread of contamination throughout a sample and the amounts of heroin which may be expected given plausible contamination scenarios.     

歧视还是合理差异？—医学专业限招乙肝病毒携带者的跨学科研究

本文以医学科学为基础，通过分析携带乙肝病毒的医务人员是否具有传染性，将乙肝病毒携带者的医学受教育权与公众健康之间的法益博弈进行论证，为医学专业是否应当限招乙肝病毒携带者进行科学解读。     

图形异同判别ERP技术检测伪装认知损害的研究

目的探讨图形异同判别ERP范式对鉴别伪装认知损害的法医学价值。方法 40例健康志愿者在合作和伪装认知损害两种情境下,进行二项必选数字记忆测验(BFDMT)及图形异同判别ERP范式检测,对照组为20例合作的三级脑外伤者。结果三组被试完成相同、无关、相似图形刺激后引出的ERP波均包括N1、P2、N2、P3和N3五个成分,三组样本组间的N2、P3和N3的潜伏期和波幅均存在差异。其中,伪装组相同图形的N3潜伏期与正常组无显著性差异,明显短于外伤组(P<0.01);伪装组无关图形的N3潜伏期较正常组延长,但短于外伤组,波幅较正常组降低(P<0.05);伪装组相似图形的N3潜伏期较正常组和外伤组缩短(P<0.01),波幅较正常组降低(P<0.01)。以N3潜伏期为指标进行判别分析,探查伪装认知损害的敏感性为81.8%、特异性为76.9%、命中率为79.2%。结论图形异同判别范式可引出稳定的特征性ERP成分,其中N3的波幅和潜伏期有显著的组间差异,对判断伪装认知损害有一定的参考价值。     

The lore of sexual difference in social and legal discourse on ‘date rape’

Using a framework informed by Foucauldian discourse theory and feminist accounts of sexual difference, this paper investigates the process of attrition in cases initially recorded as rape and in which complainant and suspect are known to each other. Having particular regard to police and prosecutor decision-making in the processing of such cases, the authors consider discourses that utilise conceptions of sexual difference, which work to normalise and privilege cultural assumptions about male desires and conduct in sexual relations. In illuminating the manner in which the traditional binary categories of sexual difference is put to work, the authors argue that socio-legal debates over the phenomenon commonly described as ‘date rape’ have over-simplistically inverted these categories. The authors further argue that this inversion operates to women's detriment and fails to advance a sufficiently nuanced understanding of complex issues implicated in rapes committed against women by men they know. This revised version was published online in November 2006 with corrections to the Cover Date.     

Rawlsian difference principles and economic utilitarianism

John Rawls's theory, justice as fairness, constitutes an important alternative to a utilitarian theory of social justice. This essay addresses the relationship between utilitarian choice and the difference principle that is central to Rawls's theory. It argues that the difference principle, if applied to utility, is not supportable in the economic utilitarian framework. The Rawlsian result could be consistent with this framework if expressed with respect to income rather than utility. However, the argument in a utilitarian framework is ad hoc and not compelling. The paper presents conditions under which a utilitarian in an initial position, with some similarity to Rawls's original position, would choose the Rawlsian difference principle. The choices coincide only under the unrealistic assumption that redistribution entails no efficiency loss.     

关于上腭性别差异的研究

利用判别分析的方法,对200例上腭(石膏模型)的11项指标的性别进行性别研究,为用腭判定性别提供了依据,结果发现,有10个指标存在显著意义的性别差异(P<0.05)。应用判别分析方法,获得3个判别函数式,其判别率在64.00%～76.00%,本研究为用腭判定性别提供依据。     

上颌前牙的性别判别分析

根据牙的形态变化判定性别。收集辽宁地区成人上颌牙的石膏模型200例(男、女各100例,年龄在18岁～24岁),利用自动显示游标卡尺测量牙冠厚和牙冠宽,并应用判别分析方法进行分析。得出的6个性别判别式,其判别率为57.5%～64.5%,为用牙的形态变化判定性别提供了依据。     

Can feminist judges make a difference?

Many of the expectations and aspirations about the ‘difference’ that women judges would make have proved unrealistic, given the inevitable diversity and often conservatism of women appointed as judges. On the other hand, we might reasonably expect feminist judges to ‘make a difference’. This essay focuses on feminist judges, and seeks to identify what it is that we might reasonably expect of them. This in turn requires consideration of who counts as a feminist judge, what might be included in a feminist approach to judging, and what institutional norms inherent within the judicial role might constrain the adoption of a feminist approach. The essay concludes that feminist judges both can and ought to make a difference across a wide range of judicial activities.     

Diminished responsibility: the difference it makes

Should there be a defence of diminished responsibility after the mandatory life sentence for murder has been abolished? This is the main question posed in this article, on the basis of a review of the central features of the defence and its surrounding forensic context. The views of the defence taken by the Law Reform Commissions of New South Wales and New Zealand are then compared. In conclusion, it is argued that opinions about the continuing validity of the defence of diminished responsibility are bound to be influenced by wider positions taken on the value of rules, as opposed to discretion, in the criminal law.