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1.
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.  相似文献   

2.
This paper analyses those wills made by persons with the surname Farrer between 1500 and 1849 that mention both a widow and children in order to see how different testators divided their property when the interests of more than one family member had to be considered. It is argued that the economic position of women following widowhood was weaker in the eighteenth century than it had been earlier. In the eighteenth century, fewer widows were appointed executrix of their husband's estate and fewer received a share of the residue of the estate. Relatively more bequests of houses and land went to children and not to the widow. These trends occurred in all regions we examined and were experienced by all social groups who made wills. However, while husbands in the eighteenth century were relatively less generous to their widows in their wills than their predecessors, their widows were far from destitute, often receiving some land, cash and goods in addition to a house.  相似文献   

3.
This paper analyses those wills made by persons with the surname Farrer between 1500 and 1849 that mention both a widow and children in order to see how different testators divided their property when the interests of more than one family member had to be considered. It is argued that the economic position of women following widowhood was weaker in the eighteenth century than it had been earlier. In the eighteenth century, fewer widows were appointed executrix of their husband's estate and fewer received a share of the residue of the estate. Relatively more bequests of houses and land went to children and not to the widow. These trends occurred in all regions we examined and were experienced by all social groups who made wills. However, while husbands in the eighteenth century were relatively less generous to their widows in their wills than their predecessors, their widows were far from destitute, often receiving some land, cash and goods in addition to a house.  相似文献   

4.
This article first synthesizes the literature on clinical and empirical findings related to youth homicide. Thereafter, it reviews the literature with respect to the treatment of juvenile homicide offenders. Although a large body of literature exists, many questions regarding etiology, associated risk factors, intervention strategies, and long-term outcomes remain unanswered. The article concludes with recommendations to guide future research efforts with the aim of increasing understanding of etiological factors associated with juvenile homicide and designing effective intervention strategies. Greater advances in knowledge will follow with the implementation of enhanced methodological designs that examine juvenile homicide across four distinct time frames: the years preceding the homicide, the time period immediately following the homicide, the incarcerative or treatment period, and the post-release period.  相似文献   

5.
ABSTRACT

Intellectual property is a legal concept used to regulate cultural goods and artistic forms of expression. It constitutes a peculiar regulation, as it applies the categories of private property to intangible goods. With the spread of Information and Communications Technology (ICT), which has allowed for the reproduction and global diffusion of these cultural goods, conflicts concerning intellectual property have increased. This article attempts to analyze some difficulties in using a concept such as private property to approach the marketing of cultural goods, especially when technology eliminates the quality of scarcity of these goods, which can be infinitely reproduced at almost zero cost.  相似文献   

6.
Soulless Wills     
By analyzing wills submitted for execution to Israeli tribunals in the years 2000–2004, this article offers insights into the process of the legalization of death and family relations. The length, aesthetics, phrasing, and contents of the wills examined are all evidence of a process in which the personal wishes of testators are transformed into a standardized legal document that tells very little about the individual testator. The rarity of cases in which testators do use their wills to disclose personal sentiments and thoughts highlights the neglected potential of wills to constitute a unique, personal, and emotional parting statement. The article demonstrates that this potential embodies the different ways in which wills were perceived in ancient times. Inspired by these past and present examples and on the basis of a bifocal relational perception of inheritance, I argue that lawyers should adopt a broader human understanding of wills and offer their clients the option of leaving behind a will with a soul.  相似文献   

7.
This study examined the utility of the Good Lives Model (GLM) (Ward, T., &; Stewart, C. A. (2003). The treatment of sex offenders: Risk management and good lives. Professional Psychology: Research and Practice, 34(4), 353–360. doi:10.1037/0735-7028.34.4.353) in understanding offending behaviour in students. Two hypotheses were made, consistent with the assumptions of the GLM. First, that participants would endorse the importance of the primary goods set out in the GLM. Second, that reports of antisocial behaviour would relate to a lack of effective strategies, or use of maladaptive strategies, to achieve primary goods. Participants (n?=?340, M age?=?20 years) completed a questionnaire (Measure of Life Priorities) assessing their pursuit, valuation, and achievement of the primary human goods as set out in the GLM and a Self-Report of Offending questionnaire. Results supported our hypotheses, and subsequently the assumptions of the GLM. Our findings support the continued use of the GLM as a theoretical and treatment oriented framework in diverse groups engaged in offending behaviour. Future research should continue to ground the GLM in empirical support.  相似文献   

8.
In Why Tolerate Religion?, Brian Leiter argues against the special legal status of religion, claiming that religion should not be the only ground for exemptions to the law and that this form of protection should be, in principle, available for the claims of secular conscience as well. However, in the last chapter of his book, he objects to a universal regime of exemptions for both religious and secular claims of conscience, highlighting the practical and moral flaws associated with it. We believe that Leiter identifies a genuine and important contemporary legal and philosophical problem. We find much to admire in his reasoning. However, we raise questions about two claims that are crucial for his argument. The first claim is that it is not religion as such, but conscience that deserves toleration and respect. The second claim is that respect for religion and conscience demands ‘principled toleration’ but does not entail stronger policies of legal exemptions. Against the first claim, we argue that Leiter does not successfully distinguish religious belief from secular conscience and morality; and he does not explain why secular conscience (which shares many of religious conscience’s epistemic features) deserves respect. Against the second claim, we argue that the most promising theories of legal exemptions are not classical theories of liberal toleration.  相似文献   

9.
Although the long-term effects of cumulative childhood maltreatment (CCM) include a variety of adverse consequences, many individuals are resilient following such experiences. This study explored the role of social support from family and friends in buffering long-term outcome following CCM, examining both main and moderating effects. Participants included 344 college aged men and women. Findings revealed strong promotive (main) effects of social support from family and friends that were associated with a reduction in symptoms of depression/anxiety and anger/hostility, regardless of the severity of abuse experienced. Support generally acted as a buffer (moderator) against negative outcomes for individuals with lower, and not higher, levels of CCM. The role of family support in moderating outcome was complex, particularly with respect to women’s later dating victimization; here family support functioned as a protective factor at low CCM, but as a vulnerability factor at high CCM.  相似文献   

10.
近年来,我国相继颁布实施了一系列涉及道路危险货物运输安全管理的法律、法规和标准,初步形成了危险品管理法律法规体系,有力地保障道路危险货物运输行业的健康发展。但是,随着道路危险货物运输市场日趋复杂化与多元化,道路危险货物运输管理执法工作中面临新的问题。本文分别从道路危险货物运输管理依据的法律法规、执法力度、多头管理等方面分析了当前执法工作中存在的问题,并提出一些相应的解决方法。  相似文献   

11.
In forensic medicine, specialists might face difficulties when estimating age at death from fetal remains. Depending on the state of preservation, this age assessment is essentially based on the diaphyseal size of long bones. In a previous work, for the measurement of fetal femoral ossified shafts, we already established a simple and reliable method using a radiographic protocol. Since we previously stated that radiographic measurement values were closer to real anatomical size than ultrasonographic ones, in the present study we decided to check the importance of the difference between radiographic and anatomical measurements. Therefore, we dissected 30 pairs of fetal femurs and compared the difference between the two kinds of measurements (in percentages). This difference seemed to be slight (4.027%), but it was large enough to entail significant differences (p < 0.001). In order to provide a correction factor for radiographic measurements, we established a linear regression formula, which was tested on another sample of 30 pairs of dissected femurs. As a consequence of the good results, we improved the linear regression using a powerful statistical tool: the bootstrap. Finally, we obtained a simple equation that allowed us to figure out the real anatomical size with an R2 of 99% and a mean relative difference of 0.153% (with a standard error of 0.252 mm, and therefore a 95% confidence interval with limits of -0.35 and 0.657 mm). This difference did not entail any significant differences (p = 0.498), and therefore, we concluded that with the proposed correction, radiographic measurements can easily be used by forensic specialists in their daily tasks or to establish new growth standards in order to best fit their population of interest.  相似文献   

12.
在中国海事审判中,无正本提单交付货物纠纷案件呈逐年上升趋势。由于《中华人民共和国海商法》关于提单以及提单项下货物交付的规定比较原则,造成审理无正本提单交付货物纠纷法律适用方面的困难。为解决海事审判中出现的法律适用方面问题,根据《中华人民共和国海商法》《中华人民共和国合同法》《中华人民共和国民法通则》等有关法律规定,总结中国海事审判经验,参照国际海运惯例、国际海事公约,借鉴国际海事司法的通常做法,最高人民法院民事审判第四庭起草了《最高人民法院关于审理无正本提单交付货物案件适用法律若干问题的规定》,并于2009年3月5日起施行。从规定适用的提单范围,承运人无单放货的责任,承运人无单放货是否可以享有责任限制,承运人提单审查的风险责任,承运人承担赔偿责任的范围,可否免除承运人的赔偿责任,可否免除承运人交付货物的责任,对记名提单持有人所享有权利的限制,免除承运人交货义务,无正本提单交付货物的连带责任,实际交付货物的托运人可否有索赔权,正本提单持有人的索赔权以及正本提单持有人索赔的诉讼时效等方面对规定加以阐述和说明。  相似文献   

13.
《Global Crime》2013,14(2):81-103
Research examining offender risk reduction strategies within illicit markets focus primarily on those operating in the real world for drugs and stolen goods. Few have considered the strategies that may be used by individuals in virtual illicit markets that are hidden from public view. This study addresses this gap through a grounded theory analysis of posts from 10 Russian and three English language web forums selling stolen data to engage in identity theft and fraud. The findings indicate that buyers employ multiple strategies to reduce their risk of loss from unreliable vendors, along with resources provided by forum administrators to manage relationships between participants. The implications of this study for law enforcement and offender decision-making research are also discussed.  相似文献   

14.
The financial assets that are subject to major EU financial legislation (i.e. (designated types of) financial instruments) have traditionally been defined in a largely exemplary and circular manner. The recent proliferation of ‘non-traditional’ financial assets, such as cryptocurrencies and stablecoins, is increasingly challenging the viability of these pragmatic financial asset definitions. Through the analysis of the technologies and functionalities underpinning non-traditional financial assets, legal scholarship has aimed to categorize novel assets within the existing framework of financial asset definitions. Although a solid understanding of e.g. distributed ledger applications and cryptography appears a prerequisite for future policy and legislative interventions, contemporary EU financial legislation is mostly indifferent to the technologies on which financial assets may be wired. Categorizations based on the purposes that non-traditional assets may serve (i.e. payment, utility, and investment) are more relevant to financial law, but suffer from subjectivity because they depend on the asset usage by the asset holder. Against this backdrop, this paper proposes a novel systematization of non-traditional assets that is based upon the conceptual substructure of the assets within the scope of EU financial legislation. More specifically, this paper submits that, irrespective of underlying technologies and functionalities, all assets that are subject to major EU financial legislation have a conceptual common denominator: they entail the liability of an entity and, hence, have intrinsic value. The proposed categorization singles out a well-defined group of novel financial assets that is not subject to EU financial law (i.e. assets that only have extrinsic value). Different from functionality- and technology-based categorizations, the suggested approach allows to eradicate some ambiguities that are present in the existing taxonomies. By exploring the conceptual common denominator of the financial assets that are subject to EU financial legislation, this paper aims to foster debate on the circular and exemplary character of financial asset definitions in EU financial legislation in general and the relation of these definitions to novel types of financial assets in particular.  相似文献   

15.
The aim of the paper is to examine the effects on employment of the large-scale structural adjustment programme undertaken by Turkey from the early 1980s onwards. In this respect, we particularly analyse how appropriate the choices of factor intensity after structural adjustment programme have been in the domestic production in comparison with the availability of domestic factor endowment. Our findings show that foreign trade in intermediate goods creates extra use of domestic labour, which can be considered as the labour cost of importing intermediate goods. This is the case in the majority of industries in the pre- and post-liberalisation period in Turkey. However, the capacity of using extra labour as a result of importing intermediate goods appeared to have decreased in the post-liberalisation period.  相似文献   

16.
Historically, criminologists studied theft from different perspectives, but only a few focused their attention on the reselling of stolen items. The advent of the Internet has boosted stolen good markets by facilitating interactions between vendors (thieves and receivers) and buyers. This study, based on 227 cases reported by news sites in 2015 and 2016, focuses on the markets and methods used to sell stolen goods online. The results suggest that the online selling methods are quite independent from existing offline methods. The findings innovate with respect to the typology provided by Sutton. The online markets for stolen goods are rather a new environment where perpetrators may choose among several methods of disposal. The results reflect a preference for resale through classified ads sites (44.24%), auction sale sites (28.11%) and social media (19.35%). In the light of this study, more research is needed to understand online stolen goods markets and their mechanisms.  相似文献   

17.
本文运用风险分析的方法,对危险品公路运输事故和灾害风险进行定量研究,给出危险品公路运输的社会风险和个人风险,从而对公路运输风险进行评价。以某石化厂1-丁烯公路运输进行实例研究和现场应用,从而为交通运输和化工企业提供公路危险品运输的路线选择及安全管理提供决策依据。  相似文献   

18.
Objectives. Motivating offenders to change in therapy is an important aspect of effective offender treatment, yet despite this, offenders' motivation to change has received little close attention in the academic and professional literature. This situation is a result of an over‐emphasis on the risk management model of rehabilitation, and a consequent failure to construe motivation within an overarching theory of offender rehabilitation. Method. We present a social cognitive model of offender motivation — the Good Lives Model (GLM) — that provides a framework for incorporating factors that have been shown to be of importance in enhancing offender motivation. This is based upon the notion that all humans strive to achieve primary goods that are intrinsically rewarding and essential to well‐being. Where offenders are concerned, criminogenic problems relate, not to the goods offenders seek, but to the way they seek them. Any treatment approach should take this into account and focus positively on equipping people with the skills required to achieve goals rather than simply look to manage risk. The motivational construct that we use here is that of goals. In the GLM, goals are the less abstract depictions of primary human goods and it is with these that people are typically engaged in their day‐to‐day activities and lives. Looking at therapeutic goal‐setting, methods and styles of therapy, and therapist approaches, we derive theoretically‐based key issues in motivating offenders to change in therapy. Conclusion. In conclusion, we present a summary of 12 strategies and techniques that will not only help practitioners enhance their therapeutic effectiveness, but hopefully also act as a catalyst in the development of research on offenders' motivation to change.  相似文献   

19.
This study investigates the buying of stolen goods in Denmark. The study consists of a self-report survey based on a representative sample of the general Danish population (n = 2311) and six focus group interviews consisting of both informants experienced with buying stolen goods and of those with no experience (n = 37). The survey showed that 4.8% had bought stolen goods, while 15.7% were uncertain whether they had bought stolen goods. Young people, males, and unemployed were more likely to purchase stolen goods. No clear correlation between income and buying stolen goods was found. Focus groups suggest the buyers of stolen goods did not buy stolen goods because they could not afford legitimate products. We recommend targeting consumers not interested in buying stolen goods with information about how to avoid such activity.  相似文献   

20.
Is medical care different? Old questions, new answers   总被引:3,自引:0,他引:3  
This paper examines whether changes in medical markets may be making them more like other markets. The emergence of HMOs and other managed care systems appears to have increased the consumer's potential ability to make better comparative judgments about the price and quality of medical care, and also seems to have made medical care more like other goods. However, the evidence that medical care is a "reputation good" suggests that it is, in this respect, different from other goods. Finally, the social concerns about medical care use necessarily make medical care different.  相似文献   

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