面颅的种族差异性研究

目的探索面颅在中国黄种人与欧洲白种人种族鉴定方面的差异性。方法通过对150例中国黄种人和欧洲白种人样本(各75例)面颅骨的观测、分析,选取与种族变化关系密切的51项观测指标进行观测,使用SPSS16.0软件对观测数据逐级进行统计学分析、处理,建立判别方程。从研究样本外随机抽取白种人和黄种人各10例标本进行盲测。结果筛选出7项测量结果相对稳定、种族差异较大指标建立全指标、逐步和多指标判别函数方程共5对,综合判别率在73.2%~89.8%。盲测正确率在75%~95%,结果令人满意,说明判别方程稳定、可靠,对种族鉴别的应用性较好。结论本研究所建立的种族判别方程可应用于中国黄种人与欧洲白种人的种族鉴定。     

Understanding race at the frontier of pharmaceutical regulation: an analysis of the racial difference debate at the ICH

Looking closely into how the differences among populations are debated at the ICH, this paper aims to provide a comprehensive account on what actually occurs when states with different cultural backgrounds encounter one another at the frontier of pharmaceutical regulation, where neither West nor East shall exist.     

On terror, drugs and racial profiling

We show that for racial profiling (defined as policy rules that employ statistical discrimination based on racial attributes) to be efficient in fighting ordinary crime, it needs to focus on the racial composition of marginal offenders. Efficiency thus may counter-intuitively call for targeting the group with the lower offending rates. In the context of terror, however, it has to be based primarily on differences in offending rates across racial population groups (group-wise averages). We demonstrate that, assuming correlation between race and crime, racial profiling would nearly always be efficient. Finally, we discuss equity considerations and suggest that if awarding compensation is perceived to be a viable policy option, it should be paid on an ex ante basis.     

Explaining the cultural and symbolic resonance of zero tolerance in contemporary criminal justice

Zero tolerance has been described as a "popular slogan for politicians talking tough." It is also a slogan with international advocates. In addition to the US, politicians from Australia, New Zealand, the UK, and South Africa have praised this aggressive policing strategy. While this is a testament to the ease with which ideas diffuse between nations in the contemporary world, it does not explain why this particular idea is so popular. Nor does it explain why zero tolerance animated so many in the mid- to late-1990s. In order to answer these questions adequately, it is important to place zero tolerance in a wider social, political, and economic context. As this article argues, zero tolerance resonates in contemporary culture because it symbolizes a variety of tensions and anxieties found in late modern society. These anxieties are revealed through the often volatile and contradictory politics of law and order; through the routine scrutiny of marginal populations in society; and through the high degree of public tolerance for both of these developments. Recent research suggests that the rise of free market neoliberalism and social conservatism in western industrialized democracies provides an important backdrop against which these anxieties emerge. Imbued with meaning and populist appeal, it is the idea of zero tolerance, along with its cultural and symbolic resonance in contemporary criminal justice, which requires explanation.     

Enemies and Citizens of the State: Die Boeremag as the Face of Postapartheid Otherness

This examination is a case study analysis of the Mail & Guardian’s news coverage surrounding the ongoing trial of members of the separatist group, die Boeremag. The 22 defendants stand accused of treason and 41 other criminal charges for the 2002 bombings of Soweto and conspiring to establish an independent Boer state. Utilizing a race critical lens, this analysis looks at these news representations of Afrikaner nationalists to glean insight into how law, race and racism can imbricate public understandings crime, specifically, in this case, domestic terrorism. It draws attention to the ways in which this fundamentalist group emerges as a repugnant Other and interrogates their roles within the “imagined” postapartheid South African community, the newspaper’s target audience. After explicating these dynamics, the paper concludes with a discussion of how this case study relates to practical dilemmas that stem from the utopian ideologies of reconciliation and nonracialism.     

论不可抗力与意外事件的区别——从案例出发的实证分析

侵权行为法中的免责事由按损害是否由被告人的行为造成而分为正当理由和外来原因两类,前者因被告行为的合法性和正当性而免除或减轻被告人的责任;后者因被告行为与损害结果之间缺乏直接因果关系或者说损害不是被告人的行为造成的而免除或减轻被告的责任。关于外来原因是由不可抗力和意外事件两者构成,还是不可抗力包含了意外事件,我国法律对此没有明确的界定;同时,我国侵权法学界也是众说纷纭,尚未形成统一的意见。有鉴于此,本文拟从案例出发对不可抗力与意外事件作实证分析,以期澄清两者之间的关系,并对两者作较清晰的界定。一、我国法律和…     

论不可抗力与意外事件的区别——从案例出发的实证分析

侵权行为法中的免责事由按损害是否由被告人的行为造成而分为正当理由和外来原因两类，前者因被告行为的合法性和正当性而免除或减轻被告人的责任：后者因被告行为与损害结果之间缺乏直接因果关系或者说损害不是被告人的行为造成的而免除或减轻被告的责任。关于外来原因是由不可抗力和意外事件两者构成，还是不可抗力包含了意外事件。我国法律对此没有明确的界定；同时．我国侵权法学界也是众说纷纭，尚未形成统一的意见。有鉴于此。本文拟从案例出发对不可抗力与意外事件作实证分析．以期澄清两者之间的关系。并对两者作较清晰的界定。     

Inclusive National Governance and Trafficked Women in Australia: Otherness and Local Demand

Trafficked women are used and consumed in different ways and by different users in Australia. They are used by the traffickers and by the consumer of the destination country. They are used as prosecutorial tools by the national criminal justice agents. They are used by the national politicians to pursue border control policy objectives and to be seen as abiding by international protocols. In all these uses, the identity of the trafficked woman is formed and shaped to fit the users’ need. However, these women’s otherness and abjection is constantly maintained and reinforced. They are used as a commodity. Meanwhile, the discussion on the demand side, and the consequent responsibility of the destination country, is virtually omitted. This paper will raise the question of how the socio-legal analysis and discourse would evolve if a literal interpretation of trafficking women as a commodity was taken into account, exploring an international trade approach. The social construction of trafficked women as a commodity has been identified and criticised by academic scholars, NGOs’ and UN’s rapporteurs. By pursuing this line of approach, the destination country is forced to take more responsibility for how the woman is demanded within its territory. As a consequence of this international trade approach, the State should deliver equality and non-discrimination. Rather than being a cynical application of a trade framework to trafficked women, this approach aims to highlight the paradox of such a situation in legal terms. It is highlighted that approaching trafficked women from this legal and jurisprudential way may offer more possibilities to expand their claims against the State. Currently, in Australia, when a trafficked woman is located by the State, she would attract limited and temporal rights, her being the ‘other’ as well as an abject entity remains, notwithstanding the fact the she was imported because there is a demand within the territory.     

Lines and shadows: Perceptions of racial profiling and the Hispanic experience

Despite a longstanding research tradition examining the intersection of policing and race, extant research focused almost exclusively on race and ethnicity in Black and White terms. As such, academic knowledge of the Hispanic experience remained opaque. In this study, data from a random sample of New York City residents were used to compare the perceptions of racial profiling among Hispanic and non-Hispanic citizens. In particular, factors relating to the perception that racial profiling was widespread, justified, and personally experienced were examined. Findings were grounded within the literature on police-citizen relations and racial profiling.     

中国司法调解制度的历史传承与文化底蕴

中国的法院有以调解方式处理民事纠纷的传统,被西方国家称为“东方经验”。但中国的司法调解并非一成不变,在历史发展中可以划分为三个阶段：中国古代的司法调解,20世纪40年代以后大陆地区的司法调解,以及2004年以後以“调解优先、调判结合”为特点的司法调解。不同时期的司法调解,有不同的特点和文化底蕴。随着中国社会的发展和司法政策的演进,法院调解的某些做法也有必要从多角度进行检讨。     

The nexus between attribution theory and racial attitudes: a test of racial attribution and public opinion of capital punishment

Research has shown that attribution theory and racial attitudes are among the most consistent attitudinal predictors of capital punishment opinion. This study explores the overlap of these two constructs, racial attribution, and its ability to account for support and opposition to the death penalty. Using data from the 1972–2016 cumulative data file of the General Social Survey, three logistic regression models were used to analyze the effect of internal and external racial attribution on capital punishment opinions for (a) the aggregate sample, (b) White respondents only, and (c) Black respondents only. Respondents were asked whether racial inequalities were due to structural disadvantages or personal deficiencies of Black Americans. Findings showed that respondents in all three models were more likely to support the death penalty when they attributed racial inequalities to personal deficiencies of Blacks and less likely to support the death penalty when they endorsed structural disadvantages, although the effects were somewhat muted for Black respondents. These findings suggest that ongoing public support for capital punishment in the United States is based at least in part on a fundamental attribution error in which Whites and some Blacks alike blame Blacks for their own deprivation.     

The intersection of racial profiling research and the law

There has been a significant increase in the litigation of selective enforcement cases based on racial profiling claims. This trend has resulted in two legal issues that are problematic for racial profiling research. First, selective enforcement claims that rely on statistical evidence must successfully measure “similarly situated persons” who were eligible for police stops to provide a comparison against those actually stopped by police. Second, the research must demonstrate “how much” statistical evidence of racial/ethnic disparities exists. Although these legal components are necessary for successful selective enforcement claims, the methodologies and statistical analyses currently used in racial profiling research cannot adequately address these issues. It is argued that the over-reliance on social science research, in general, and statistical techniques, specifically, to provide evidence of discrimination in selective enforcement cases places policing research and legal decision making at a crossroads.     

On national and cultural boundaries: a cross-cultural approach to sexual violence perpetration in Brazil and the United Kingdom

The majority of research on rape has so far neglected to examine the effects of socio-cultural beliefs and practices on sexual violence perpetration, with most authors dedicating themselves, instead, to an individualistic approach of this phenomenon. Although these approaches are certainly valid, they often ignore how these behaviours are embedded in the culture and, as a result, do not adequately explore the causes and consequences of sexual violence perpetration. Therefore, the primary goal of this review is to redress this deficiency, focusing on the connection between the phenomenon and the cultural backdrop against which it occurs. Hence, a discussion around certain factors that may serve to either legitimise or to condemn sexual violence in two different countries (Brazil and UK) is necessary. To make this possible, differences regarding each country’s culture, rape legislation and prevalence are presented, and issues regarding the current individualistic theoretical approach to the subject are explored.     

Theory and racial profiling: Shortcomings and future directions in research

The volatile political environment that surrounds the issue of “racial profiling” has led local and state police agencies across the nation to start collecting information about traffic and pedestrian stops. The controversy over this issue is overwhelmed by the unsupported assumption that all race-based decision making by police officers is motivated by individual police officers' racial prejudice. This article reviews recently published studies on racial profiling and critiques both their methods and conclusions. Using the conceptual framework for police research presented by Bernard and Engel, it reviews a number of theories that may explain racial disparities in the rates of police stops. The authors argue that to explain police behavior better, theoretical models must guide future data collection efforts.