Moore��s Moral Facts and the Gap in the Retributive Theory

The purely retributive moral justification of punishment has a gap at its centre. It fails to explain why the offender should not be protected from punishment by the intuitively powerful moral idea that afflicting another person (other than to avoid a greater harm) is always wrong. Attempts to close the gap have taken several different forms, and only one is discussed in this paper. This is the attempt to push aside the ‘protecting’ intuition, using some more powerful intuition specially invoked by the situations to which criminal justice is addressed. In one aspect of his complex defence of pure retributivism, Michael S. Moore attempts to show that the emotions of well-adjusted persons provide evidence of moral facts which justify the affliction of culpable wrongdoers in retribution for their wrongdoing. In particular, he appeals to the evidential significance of emotions aroused by especially heinous crimes, including the punishment-seeking guilt of the offender who truly confronts the reality of his immoral act. The paper argues that Moore fails to vindicate this appeal to moral realism, and thus to show that intrinsic personal moral desert (as distinct from ‘desert’ in a more restricted sense, relative to morally justified institutions) is a necessary and sufficient basis for punishment. Other theories of the role of emotions in morality are as defensible as Moore’s, while the compelling emotions to which he appeals to clinch his argument can be convincingly situated within a non-retributivist framework, especially when the distinction between the intuitions of the lawless world, and those of the world of law, is recognised.     

Is Dharmak��rti Grabbing the Rabbit by the Horns? A Reassessment of the Scope of Prameya in Dharmak��rtian Epistemology

This paper attempts to make sense of Dharmak??rti??s conflicting statements regarding the object of valid cognition (prameya) in various parts of his works, considering in particular the claims that (i) there are two kinds of prameyas (particulars and universals), (ii) the particular alone is prameya, and (iii) what is non-existent also qualifies as prameya. It inquires into the relationship between validity (pr??m???ya), reliability (avisa?v??da) and causal efficacy (arthakriy??) and suggests that the discussion on non-existent prameyas in Pram???avini?caya 3 provides an alternative to an overall ??practicalist?? reading of Dharmak??rti, practicalist in the sense that pram???as are primarily oriented toward human aims and hence bear on objects capable of fulfilling them through their causal capacities. Considering the views of Dharmak??rti??s interpreters, it shows how Dharmottara (8th c.), rejecting such an alternative, strives to reconcile claim (iii) with a practicalist interpretation, while Phya pa Chos kyi seng ge (12th c.) generalizes the application of a criterion of validity superseding an arthakriy??-oriented framework by bringing to the fore the notion of ??non-opposition?? (ab??dhana) introduced by Dharmak??rti with regard to non-existent prameyas and suprasensorial objects.     

S��tmaka, Nair��tmya, and A-Nair��tmya: Dharmak��rti��s Counter-Argument Against the Proof of ��tman

??tman (soul) and Nair??tmya (no soul) are, for the Brahmanical schools and the Buddhists respectively, equally fundamental tenets which neither side can concede to the other. Among the 16 formulations presented by Uddyotakara, the fifteenth, which is a proof of ??tman and is originally an indirect proof (av??ta/??v??ta), is presented in a prasa?ga-style, and contains double negation (na nair??tmyam) in the thesis. However, it is perhaps Dharmak??rti who first transformed it into a normal style (s??tmakam). He is well aware of the law of excluded middle, and insisits that the negation is paryud??sa. On the Ny??ya side, Uddyotakara at least seems to be unaware of the law of the logical equivalence of contraposition concerning pervasion (vy??pti). After Uddyotakara, however, Vyoman (Vyoma?iva), Bh??sarvajña and V??caspatimi?ra, all seem to be well aware of it. Dharmak??rti, in his conter-argument against the proof of ??tman, discusses the negative expressions ????nair??tmya?? and ????a-nair??tmya?? Dharmak??rti here uses two logical arguments skillfully and tactically. As a critic of both the authenticity of the Veda and the existence of ??tman, he insists on the theory of dichotomy and the equivalence of anvaya and vyatireka, whereas as an apologist he denies the application of these theories to the relation between the existence of ??tman and the concept of nair??tmya, because for him as a Buddhist the latter is not a negative but essentially positive state of affairs.     

Institutions and the Legislative Success of ‘Strong’ Presidents: An Analysis of Government Bills in Chile

This paper examines the approval of government bills in Chile, evaluating the effect of presidential prerogatives and policy substance, and considering both bill-specific and contextual effects. The results show that presidential prerogatives over financial policy, as well as the ability to affect the congressional agenda through urgent bill scheduling, significantly influence government bill approval. As expected, government success is enhanced during the honeymoon period. However, changes in public approval of the president do not appear to exert a significant effect on the passage of presidential bills.     

Analysis of the Federal District’s Legislative Chamber in the Information Age

The study investigates the satisfaction with the work of the parliament of Brazilian Federal District. The survey was based on the competencies extracted from the institutional mission and targeted citizens who frequently use social networks. Inferential statistics were used to analyse the data. The results showed a great unsatisfaction about the institution. The most satisfied respondents are the less educated, while the most educated, older, and highest income respondents are the most unsatisfied. The results also highlighted the low interaction between respondents and the Chamber, the absence of an effective official communication channel, and actions associated with sustainable economic development will be more effective in increasing satisfaction.     

Suicidal or Homicidal Sharp Force Injuries? A Review and Critical Analysis of the Heterogeneity in the Forensic Literature

The differential diagnosis between self-inflicted and nonself-inflicted, suicidal and homicidal, injuries is difficult or impossible in many cases and, above all, cannot be made on the basis of information obtained solely from the autopsy or the medicolegal clinical examination. The purpose of this study is to analyze the literature on suicidal and homicidal sharp force injuries and identify the relevant parameters that may help differentiate between suicidal and homicidal deaths. To achieve this goal, a review of 595 potentially relevant articles was performed. After excluding the nonrelevant papers by screening the titles, all abstracts were reviewed, and articles meeting the inclusion criteria underwent a full-text review. The following parameters were compiled into a table: number of cases, localization of the injuries, and number of injuries. The data were statistically analyzed and compared with those available in the forensic literature. On the basis of the heterogeneity of data revealed by the present review, a simple and short checklist of the parameters that should be included when reporting suicides and homicides by sharp force has been proposed.     

Study on the financial supervision and anti-monopoly regulation of integration of industry and finance �� in view of confronting global financial crisis and mitigating domestic financial risks

With governmental loose control in the major global economies since 1980s, the integration of industry-finance capital generates group companies. The integration of industry and finance (hereinafter as the “IIF”) is on the way to gradually become the mainstream of the world. It is needed to reconsider the IIF in light of the current global financial crisis. The IIF expands economic scale and increases efficiency, bringing two challenges in practice: financial risk overlay and anti-competition of the market power. What is more, the formation and abuse of market power will amplify the effect of risk overlay. To mitigate financial risks and protect market competition and to improve the regulation of the IIF, it is needed to improve both financial supervision and anti-monopoly regulation, as both are crucial.     

Securing the Border in Bosnia and Herzegovina: an Exploratory Analysis of the Impact of Training on Officers’ Knowledge and Experiences Related to Sex Trafficking

Across the globe law enforcement agencies are providing training specific to human trafficking in an effort to educate officers about trafficking indicators, techniques for evidence collection, and the provision of culturally sensitive and victim-centered assistance to trafficking victims. The effectiveness of said training, however, remains an understudied area. The primary goal of this study is to examine the influence training programs have on police officers’ knowledge and experiences related to sex trafficking. Utilizing self-report data from 363 border patrol agents in Bosnia and Herzegovina, a series of statistical analyses finds support for the hypotheses that trained officers will have a better understanding of sex trafficking indicators and field investigation techniques as well as more experience with sex trafficking cases. Somewhat unexpectedly, the results indicate that the vast majority of officers, regardless of training receipt, recognized a need for ongoing training and support. Implications of these findings will be discussed.     

Major Differences in Minors’ Contracts: A Comparative Analysis into the Validity of Contracts with Minors in the Sport and Entertainment Industry

Liverpool Law Review - In Australia and the UK, contracts with minors in sports and entertainment are not uncommon. Generally, such contracts are voidable at the option of the minor. However, when...     

Analysis of 2,4-Dinitrophenol in Postmortem Blood and Urine by Gas Chromatography–Mass Spectrometry: Method Development and Validation and Report of Three Fatalities in the United States

2,4-dinitrophenol (2,4-DNP) is a compound used in the early 1900s as a weight-loss drug but later prohibited due to its severe adverse effects, including death. It has however been attracting interest, due to its weight-loss properties, and appears to be re-emerging in forensic casework. As 2,4-DNP is available for use in industry and as a pesticide and easily accessible online, the dissemination of this drug can be fast. The compound exerts its effects through inhibition of ATP synthesis, and corresponding thermogenic energy loss which can be fatal. A method for qualitative and quantitative analysis of 2,4-DNP in blood and urine specimens using GC-MS with hydrogen as carrier gas is described. The method was validated and displayed acceptable performance parameters with linearity (R² higher than 0.998), inter-assay imprecision (lower than 10.6%), intra-assay imprecision (lower than 10.7%), and extraction efficiency (92.1%). Stability of 2,4-DNP in blood and urine was studied, and the drug was stable up to 30 days refrigeration or frozen. Six cases in United States suspected to be related to 2,4-DNP were analyzed. Three cases were found to be positive for 2,4-DNP. Concentrations of 2,4-DNP were in the range of 61.6–220 mg/L in urine and <3–114 mg/L in blood. Based on our findings, we suggest that medical examiners and forensic toxicologists be aware of the reappearance of 2,4-DNP, including this compound as a target in death investigations related to weight-loss drugs.     

Introducing the Open Clause to improve copyright flexibility in cyberspace? Analysis and commentary on the proposed “two-step test” in the Third Amendment to the Copyright Law of the PRC,in comparison with the EU and the US

The so called “three-step test”, that the limitations and exceptions of copyright shall be allowed in certain special cases, provided that they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author, grants copyright flexibilities to balance the interests of all stakeholders, especially within the European system of circumscribed limitations and exceptions. This is essential for the domain of computer law, confronted by rapid and unpredictable global technological developments, and is, thus, enshrined in the most important international intellectual property (IP) treaties. Through the proposed third amendment to the Copyright Law of the PRC, the legislature intends to adopt this test while also introducing an open-ended list of limitations and exceptions that constitutes a China-specific “two-step test.” This contravenes prima facie the thesis endorsed by the WTO Panel in the case concerning Section 110(5) of the US Copyright Act in 2000. In contrast, court decisions in China frequently apply the fair use doctrine of US copyright law, neglecting to consider its peculiar context of the US common law tradition and, thus, unduly expanding the Chinese courts' discretionary power.This paper summarizes the case law in China and takes a comparative approach to address the divergence between the judicial application of cyber copyright law and the existing legislation. It suggests revising the proposed Article 43 of the Copyright Law of the PRC to capture the due interpretation of the three-step test, thereby finessing the delineation between rights protection and free use with the compensation of remuneration under the principle of proportionality. It argues that transplanting the US fair use doctrine into Chinese copyright law is feasible, but with the preconditions of endeavouring to strengthen judicial reform to integrate the IP adjudication systems, enhancing the coherence and efficiency of copyright enforcement, and facilitating consistent dialogues between scholars, practitioners, and lawmakers.     

Analysis about Identity and Diversity of the Legal Culture in View of ＂One Country Two Systems＂ and Its Embodiment in China： Writing with Formation of the Socialist Legal System of China＇s Characteristics

法律文化的概念外延包括了规范制度形态、意识观念形态、实践活动形态的法律文化。法律体系问题主要属于规范制度形态的法律文化,而法系的问题主要属于意识观念形态和实践活动形态的法律文化。由于实行“一国两制”,在“两岸三地”即中国大陆、香港、澳门和台湾存在着多种法律体系与法系,这是“中国特色”的体现。中国特色社会主义法律体系形成之后,我们还可以在“一国两制”的视野下,继续探讨法律文化的同一性与多样性问题,对中西方法律文化中蕴藏的优秀精神——对法治的崇尚和对统治的信念,通过实践不断地选择,融化成一种崭新的、先进的法律文化体系,将法治精神与民族精神融为一体,建成法治国家。     

“Executing the Powers With Which it is Intrusted”: Justifications,Definitions and Limitations of Government Speech

Federal, state and local governments have realized that an effective way to counter an undesirable private message is to swallow it up within the government's own speech. So far, the Supreme Court of the United States has acquiesced, including its February 2009 opinion in Pleasant Grove City v. Summum. This article explores the roots, definition and limits of government speech through a close examination of not only Summum but two other recent Supreme Court opinions granting the government a right to communicate even when others contend that the speech conflicts with their own messages. The article concludes that the government speech doctrine needs further explanation with regard to its justification and contours. The rational basis test and political process may not be sufficient to contain government speech within desirable bounds; instead, government speech should be subjected to judicial scrutiny to ensure it remains germane and proportional.     

It��s Good to be Autonomous: Prospective Consent, Retrospective Consent, and the Foundation of Consent in the Criminal Law

What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, which it is the state’s duty to promote.     

Predestination and Hierarchy: Vallabh��c��rya��s Discourse on the Distinctions Between Blessed, Rule-Bound, Worldly, and Wayward Souls (the Pu??iprav��hamary��d��bheda)

The Pu??iprav??hamary??d??bheda (PPM) by Vallabh??c??rya (1479?C1531?) is a brief work (25 verses) written in Sanskrit in about the year 1500, which is accompanied by four Sanskrit commentaries and one Hindi (Brajbh????) commentary. The most important and authoritative commentary is by Puru?ottama, written about two centuries after the original text. The article contains a translation of the PPM with long extracts from the commentaries, particularly the one composed by Puru?ottama. After an introduction placing the PPM??s doctrine of the hierarchy of embodied souls (j??vas) and their eligibility to obtain states of devotion (bhakti) in a wider context of Vai??ava sectarian and philosophical schools, the text is presented along with the translation and notes to the text (including extracts from the commentaries). The article concludes with reflections on the PPM??s doctrine of predestination, comparing it with those of other Indian religious sects and within the wider context of predestination in Western religions, where these discussions have been ongoing for more than 1500 years. An extensive bibliography is included at the end.     

Analysis about Sun Yat- sen＇s Ideal of Rule of Law and the Factual Predicament

作为中华民国的缔造者,建立真正主权在民的民主共和国,实现约束和限制公权力以保障人民的权利和自由的法治理想,贯穿于孙中山先生整个革命生涯中。在革命处于低潮时期,孙中山就开始思考通过约法以预防军政府对人民权利的侵夺;辛亥革命后又寄希望于《临时约法》的责任内阁制来防止袁世凯的复辟;北洋军阀混战时期的孙中山,又设计一个训政阶段以训练民众学会使用“四权”,以此实现普遍的守法和良法之治。然而这些法治理想在与现实相遇后,却表现出一种无力感,甚至引导现实走向了理想的反面。孙中山先生所面临的世纪难题,也应引起当代人的警醒与反思。