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Although significant research has been done on voter participation and the election of executives and legislators, very little literature exists on the election of state judges, and there is virtually no literature on the election of trial court judges. In view of the policy-making activities of judges, this absence of research hampers understanding of the overall public policy-making process. The few studies of the election of state supreme court justices indicate that, compared to other nonpartisan elections, participation in judicial elections is somewhat similar. This study of municipal court elections in Los Angeles county found that voter participation was higher than expected and suggests that changes in the process could have policy implications. 相似文献
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The study challenges the commonly assumed symmetry between justice judgments that refer to the distribution of positive and negative outcomes. Based on equity and multiprinciple approaches, and particularly on the theory of framing choices, we propose a conceptual framework for analyzing the dynamics of relations between positive and negative justice judgments. According to this framework, negative judgments are more generalized (simple) and more emphatic than are positive judgments. Data analysis was based on responses of 240 German adults to 39 justice judgment items that were subjected to a Similarity Space Analysis (SSA). The analysis corroborated the hypothesis when the type of resource to be distributed was held constant. Thus, the findings may reflect the primacy and high emotional intensity of negative experiences. They also suggest that, without specification of the distributed resource, this facet of justice judgments (sign of outcome distribution) is devoid of content. 相似文献
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In their interactions, people exchange or distribute things that are considered valuable. The distribution of a particular resource can be accomplished in a number of ways and may result in either a positive or a negative outcome. The purpose of this study was to find out if and under what conditions people's conceptions of justice are similar or different in the contexts of positive and negative outcome allocations. The research is based on Törnblom's (1988) model for positive and negative outcome allocation.
Subjects responded to one of eight questionnaires after reading a vignette that described a nuclear test that was conducted in either the United States or Russia. Each questionnaire version differed with respect to whom information about the possible dangers of radiation exposure following the tests should be made available, and whether information or misinformation were delivered or withheld.
Findings from this study suggests that positive and negative outcome allocations sometimes follow different and sometimes the same justice principles, all depending on the mode in which the outcome allocation is accomplished. Implications from the design of this study for the interpretation of existing distributive justice and equity studies are also discussed. 相似文献
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The following is an excerpt from a paper prepared for the Joint Commission on Correctional Manpower and Training. This consultants' paper dealing with the area of the Juvenile Court is the first of its type to be published by the Commission. Chapter VI has to do with “DISPOSITIONAL ALTERNATIVES”. 相似文献
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This paper presents a theoretical framework for the integration of distributive and procedural justice in positive and negative outcome allocations. The framework consists of seven basic assumptions, seven propositions, and seven groups of interrelated hypotheses. The expected outcome offers a coherent program for future justice research based on the realization that distributive and procedural aspects of fairness cannot be meaningfully treated (1) in isolation from one another, and (2) without taking into account the valence of the allocated outcome. The framework should also reveal the need to reassess existing distributive and procedural justice study conclusions that neglected to examine the interactive effects of the allocation outcome (distribution) and the procedure and the outcome valence. 相似文献
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"权利消减"的时效构成背离了人类的一般道德情操和自然正义观念,而"公益"、"社会秩序"、"信赖保护"、"社会效率"、"不保护权利上的休眠者"等都不能使该构成正当化。将时效定性为"权利推定"的制度,克服真正权利人或已免责义务人的举证困难,将从根本上去除时效制度的反道德性,使其成为"人类权利的保护神"。 相似文献
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RICHARD D. SCHWARTZ 《Law & policy》1979,1(3):285-335
The interrelationships of legal and societal morality are examined through an analysis of judicial opinions in the Supreme Court's review of the constitutionality of the death penalty. Neither community standards nor considerations of utility provided the justices with a satisfactory basis for rejecting or regulating the death penalty. Resting their decisions instead on grounds of fairness, the justices endorsed a mode of jury guidance and monitoring that potentially facilitates citizen participation in the process of "evolving standards of decency." Legal morality thus is used as the justification for a decision that affects societal morality in a manner likely to limit rather than to expand the gap between the two moralities . 相似文献
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Gerda J. Edelman M.Sc. Richelle J.M. Hoveling M.Sc. Martin Roos Ton G. van Leeuwen Ph.D. Maurice C.G. Aalders Ph.D. 《Journal of forensic sciences》2013,58(5):1156-1162
All objects radiate infrared energy invisible to the human eye, which can be imaged by infrared cameras, visualizing differences in temperature and/or emissivity of objects. Infrared imaging is an emerging technique for forensic investigators. The rapid, nondestructive, and noncontact features of infrared imaging indicate its suitability for many forensic applications, ranging from the estimation of time of death to the detection of blood stains on dark backgrounds. This paper provides an overview of the principles and instrumentation involved in infrared imaging. Difficulties concerning the image interpretation due to different radiation sources and different emissivity values within a scene are addressed. Finally, reported forensic applications are reviewed and supported by practical illustrations. When introduced in forensic casework, infrared imaging can help investigators to detect, to visualize, and to identify useful evidence nondestructively. 相似文献
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This article focuses on a critical interpretation of the work of Unger. It is argued that Unger's view is less revolutionary than he depicts it and that American law often develops as Unger describes it, though this is absolutely no revolution. The authors further show what the possibilities and the limits of a transformative vocation at the bar can be. 相似文献
This article focuses on a critical interpretation of the work of Unger. It is argued that Unger's view is less revolutionary than he depicts it and that American law often develops as Unger describes it, though this is absolutely no revolution. The authors further show what the possibilities and the limits of a transformative vocation at the bar can be. 相似文献
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Mira T. Sundara Rajan 《International Review of Law, Computers & Technology》2002,16(2):187-197
This paper is concerned with the impact of digital technology on the moral rights of authors. The ability to reproduce, modify and redistribute artworks through information technology has made it extremely difficult for authors to monitor the use of their works and, where problems arise, to assert their moral rights. In spite of these difficulties, however, this paper argues that moral rights are actually growing in importance because of new technologies. It is precisely when the capacity to manipulate works is greatest that concerns about artistic integrity and the preservation of cultural heritage become most pressing. This paper suggests that technological change calls for a new approach to moral rights: the focus in the future should be on cooperative efforts between authors and their public to protect culture. Technology has the effect of 'democratizing' the relationship between author and audience by allowing the audience to participate more directly in the creative process with the author. Despite the potential threat to artistic integrity, this transformation should nevertheless be embraced by authors and artists for its positive implications for cultural vitality in the longterm. 相似文献
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Ruby Charak Cherie Armour Ask Elklit Hans M. Koot Jon D. Elhai 《Psychological injury and law》2014,7(2):122-130
The recent release of the DSM-5 comes with the division of posttraumatic stress disorder (PTSD) symptoms across four symptom clusters (American Psychiatric Association, 2013). This division is based on the support garnered by two four-factor models; Emotional Numbing (King et al., 1998) and Dysphoria (Simms et al., 2002) and a five-factor model; Dysphoric Arousal (Elhai et al., 2011). Much debate centered on the validity of the Dysphoria factor as a non-specific factor of PTSD within the Dysphoria model. In line with this, we assessed relations between the four factors of the Dysphoria model (Simms et al., 2002) and positive (PA) and negative affect (NA) in natural disaster victims (N?=?200) from Leh, India, using the PTSD checklist (PCL-S) and Positive and Negative Affect Schedule (PANAS short form). Confirmatory factor analysis was implemented to assess the best-fitting model for both the PCL (PTSD) and the PANAS (affect). Two optimal models (the Dysphoria model and a two-factor model for affect) were subsequently used to assess latent variable associations across constructs. It was hypothesized that differential associations between latent factors would be evident with the Dysphoria factor being highly correlated with negative affect compared to alternative PTSD factors. Significant correlations were found between factors of the Dysphoria model and NA (0.52–0.65, p?<?0.001). Comparing the association of pairs of PTSD factors with NA and PA, Wald’s tests revealed that no single PTSD factor was more related to NA than the other. Avoidance and Hyperarousal factors were correlated with PA. Results are discussed in line with literature questioning Dysphoria factor’s unique association with general distress. 相似文献
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《Forensic Science International: Genetics Supplement Series》2013,4(1):e140-e141
Positive controls are necessary standards for inclusion in forensic tests. When working as expected they demonstrate that methods have been applied correctly, and therefore results can be interpreted with confidence. However, the requirement for positive controls can also introduce problems. For species identification in wildlife DNA forensic testing, it is possible that the DNA sequence of the case sample will be a 100% match to the positive control. Whilst clear results for negative controls will indicate that cross-contamination is unlikely, it would be preferable to have a positive control that will not appear in casework. In addition, for many endangered species, obtaining positive control DNA for species-specific testing can be problematic. Here we present a simple method to use artificially generated positive control DNA from the extinct Dodo, Raphus cucullatus, for four species-identification tests run routinely in UK wildlife forensic casework. 相似文献