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日本的法医学鉴定体制 总被引:1,自引:0,他引:1
日本的法医学鉴定直到明治维新以前,一直受到中国法医学的影响,仅仅停留在尸表检验水平上。明治维新以来,法医学作为医学的分科正式得以承认。明治七年(1874年)东京警视厅的裁判医学校聘请外籍教师系统地传授法医学,开创了近代日本法医学教育之先驱。明治十五年(1882年),留学德国、奥地利归国的片山国嘉博士接替外籍教师,成为第一个从事法医学教育的日本人。明治甘一年(1888年),片山国嘉在东京大学医学部创设裁判医学教研室。从此,在日本的各主要大学相继开设了法医学课程及设立起法医学教研室。明治甘四年(1891年),裁判医… 相似文献
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法医学是为法律服务的医学科学。随着医学和自然科学的不断发展和提高,法医学的理论得到充实,研究方法日趋精确,检测技术也随之更新,但是法医学鉴定的发展却受到了制度体制等方面的制约。随着我国司法制度改革的不断深入,我国现行的法医学司法鉴定体制已经越来越不适应司法实践的需要,甚至已严重阻碍了司法工作和司法改革,因此,必须对现行体制进行改革,以使之适应当前社会发展的需要。本文拟分析中国法医学司法鉴定体制的弊端,从而提出可行的改革意见。 相似文献
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在林几的学术生涯中,中国法医学史是其研究的重要领域,并取得一系列研究成果,进而形成的法医学史观,构成了林几法医学术思想的重要组成部分。林几的中国法医学史观主要包括:以比较法医学的视野研究中国法医学发展史;运用实验法医学的方法鉴别中国古代法医学的精华和糟粕;古代法医学的现代转型具有必要性和迫切性;实现法医学的现代转型,应注意科学总结中外法医学发展史的经验教训。这些法医学史观对于全面理解中国古代法医学兴衰之路,以及推动民国时期中国法医学的现代转型具有重要的理论和实践意义。 相似文献
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Sthaneshwar Timalsina 《Journal of Indian Philosophy》2009,37(4):367-382
The concept of avidyā is one of the central categories in the Advaita of Śaṇkara and Maṇḍana. Shifting the focus from māyā, interpreted either as illusion or as the divine power, this concept brings ignorance to the forefront in describing duality
and bondage. Although all Advaitins accept avidyā as a category, its scope and nature is interpreted in multiple ways. Key elements in Maṇḍana’s philosophy include the plurality
of avidyā, individual selves as its substrate and the Brahman as its field (viṣaya), and the distinction in avidyā between non-apprehension and misapprehension. A closer investigation shows that Maṇḍana is directly influenced by Bhartṛhari’s
linguistic non-dualism in developing the concept of avidyā. This study also compares other key constituents such as
vivartta and pariṇāma that are relevant to the analysis of avidyā. As the concept of counter-image (pratibimba) emerges as a distinct stream of Advaita subsequent to Maṇḍana, this study also compares the application of pratibimba in the writings of Bhartṛhari and Maṇḍana. 相似文献
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David Mellins 《Journal of Indian Philosophy》2007,35(3):227-251
In his twelfth century alaṃkāraśāstra, the Candrāloka, Jayadeva Pīyūṣavarṣa reverses the sequence of topics found in Mammaṭa’s Kāvyapr-akāśa, an earlier and immensely popular work. With such a structural revisionism, Jayadeva asserts the autonomy of his own work
and puts forth an ambitious critique of earlier approaches to literary analysis. Jayadeva investigates the technical and aesthetic
components of poetry in the first part of the Candrāloka, prior to his formal semantic investigations in the latter half of the text, thus suggesting that aesthetic evaluations of
poetry beneficially inform scientific investigations of language. Jayadeva’s organization of his chapters on the semantic
operations, moreover, intimates that the study of suggestive and metaphoric functions of language clarifies our understanding
of denotation, which is conventionally understood to be the primary and direct path of verbal designation. 相似文献
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Douglas Osto 《Journal of Indian Philosophy》2009,37(3):273-290
This article argues for a new interpretation of the Sanskrit compound gaṇḍa-vyūha as it is used in the common title of the Mahāyāna text the Gaṇḍavyūha-Sūtra.The author begins by providing a brief history of the sūtra’s appellations in Chinese and Tibetan sources. Next, the meanings
of gaṇḍa (the problematic member of the compound) are explored. The author proposes that contemporary scholars have overlooked
a meaning of gaṇḍa occurring in some compounds, wherein gaṇḍa can mean simply “great,” “big” or “massive.” This general sense is particularly common in the compound gaṇda-śaila (a “massive rock” or “boulder”) and is found in such texts as the Bhāgavata Purāṇa, the Harivaṃśa and the Harṣacarita. Following the discussion of Gaṇḍa, the author examines the term vyūha (“array”) as it is used in the Gaṇḍavyūha-sūtra. The article concludes with the suggestion that a more appropriate translation of the Gaṇḍavyūha-sūtra would be “The Supreme array Scripture.” 相似文献
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Luminol, leuchomalachite green, phenolphthalein, Hemastix, Hemident, and Bluestar are all used as presumptive tests for blood. In this study, the tests were subjected to dilute blood (from 1:10,000 to 1:10,000,000), many common household substance, and chemicals. Samples were tested for DNA to determine whether the presumptive tests damaged or destroyed DNA. The DNA loci tested were D2S1338 and D19S433. Leuchomalachite green had a sensitivity of 1:10,000, while the remaining tests were able to detect blood to a dilution of 1:100,000. Substances tested include saliva, semen, potato, tomato, tomato sauce, tomato sauce with meat, red onion, red kidney bean, horseradish, 0.1 M ascorbic acid, 5% bleach, 10% cupric sulfate, 10% ferric sulfate, and 10% nickel chloride. Of all the substances tested, not one of the household items reacted with every test; however, the chemicals did. DNA was recovered and amplified from luminol, phenolphthalein, Hemastix, and Bluestar, but not from leuchomalachite green or Hemident. 相似文献
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In the study of Buddhism it is commonly accepted that a monk or nun who commits a pārājika offence is permanently and irrevocably expelled from the Buddhist monastic order. This view is based primarily on readings
of the Pāli Vinaya. With the exception of the Pāli Vinaya, however, all other extant Buddhist monastic law codes (Dharmaguptaka, Mahāsāṅghika, Mahīśāsaka, Sarvāstivāda and Mūlasarvāstivāda)
contain detailed provisions for monks and nuns who commit pārājikas but nevertheless wish to remain within the saṅgha. These monastics are not expelled. Rather, they are granted a special status known as the śikṣādattaka. In this paper I explore the rules. concerning pārājika penance and the śikṣādattaka with specific regard to monastic celibacy. Given that five out of six extant law codes recognise this remarkable accommodation
to the rule of celibacy, I argue that we must look to Vinayas other than the Pāli Vinaya if we are to arrive at a nuanced and representative view of Indian Buddhist monasticism.
Grant me chastity and continence, but not yet. Augustine of Hippo (354–430 C.E.)相似文献
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Alysa Levene 《The History of the Family》2013,18(2):67-79
This article traces new cycles of interest in past children as distinct from past childhood. Recent work highlighting that a conceptualisation of childhood existed even in periods with few written records closes the chapter begun by Philippe Ariès in 1960. Instead, there has been a new surge of interest in children on the edges of family life, as well as children in similarly liminal positions between the worlds of adults and children: runaways, delinquents and orphans. Several themes in the literature are identified, based on the conflicting ideas of ‘body/mind’, ‘victim/threat’, ‘needs/rights’. It is noted that researchers are using more imaginative ways of reaching the lived experience of children than the family or institutional framework, and that an increasing link is drawn between historical and modern concerns such as child abuse and the care of ‘at risk’ children. 相似文献
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Valerie Stoker 《Journal of Indian Philosophy》2007,35(2):169-199
This article explores the way in which Madhva (1238–1317), the founder of the Dvaita Vedānta system of Hindu thought, reformulates
the traditional exegetic practice of nirukta or “word derivation” to validate his pluralistic, hierarchical, and Vaiṣṇava reading of the Ṛgvedic hymns. Madhva’s Ṛgbhāṣya
(RB) is conspicuous for its heavy reliance on and unique deployment of this exegetical tactic to validate several key features
of his distinctive theology. These features include his belief in Viṣṇu’s unique possession of all perfect attributes (guṇaparipūrṇatva)
and His related conveyability by all Vedic words (sarvaśabdavācyatva). Such an understanding of Vedic language invokes the
basic nirukta presupposition that words are eternally affiliated with the meanings they convey. But it is also based onMadhva’s
access to a lexicon entitled Vyāsa’s Nirukti with which his critics and perhaps even his commentators seem to be unfamiliar.While
the precise status of this text is the subject of ongoing debate, Madhva’s possession of special insight into the sacred canon
is established in part by his unique claim to be an avatāra of the wind god Vāyu and a direct disciple of Viṣṇu Himself in
the form of Vyāsa1. Thus, Madhva’s use of nirukta invokes his personal charisma to challenge not only conventional understandings of the hymns
but traditional exegetic norms. Madhva’s provision of an alternative tradition of nirukta provoked sectarian debate throughout
the Vijayanagara period over the extent to which one could innovate in established practices of reading the Veda. Articulating
the Veda’s precise authority was a key feature of Brahmin debates during this period and reflects both the empire’s concern
with promoting a shared religious ideology and the competition among rival Brahman sects for imperial patronage that this
concern elicited. By looking at how two of Madhva’s most important commentators (the 14th-century Jayatīrtha and the 17th-century Rāghavendra) sought to defend his niruktis, this article will explore how notions of normative nirukta were articulated
in response to Madhva’s deviations. At the same time, however, examining Madhva’s commentators’ defense of his niruktis also
demonstrates the extent to which Madhva actually adhered to selected exegetic norms. This reveals that discomfort with Madhva’s
particular methods for deriving words stemmed, in part, from a more general ambivalence towards this exegetical tactic whose
inherent open-endedness threatened to undermine the fixity of the canon’s very substance: its language.
Vyāsa’s Nirukti is one of several ”unknown sources” cited in Madhva’s commentaries whose exact status continues to be debated.
Some scholars (e.g. Rao, Sharma, Siauve) maintain that these texts are part of a now lost Pāṅcarātra tradition that Madhva
is attempting to preserve. This may be true for many of these citations. However, in addition to claiming to be both an avatāra
of Vāyu and Viṣṇu-as-Vyāsa’s student, Madhva states in several places (e.g., VTN 42, RB 162) that the canon has suffered loss
during transmission and that only Viṣṇu can reveal it in its entirety. Thus, it is possible that Madhva intends texts like
Vyāsa’s Nirukti to be viewed as part of an ongoing and corrective revelation, a notion that is compatible with many Vaiṣṇava
traditions (Halbfass, 1991: 4). 相似文献
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Derek Dalton 《Law and Critique》2007,18(3):375-405
Drawing on interview data of gay men who have had their behavior in public spaces scrutinised by agents of the law for signs
deviance, this article explores the historical characteristics of police animosity towards such conduct in Australia. This
entails examining encounters between police and gay men who pursue desire in ‘beat’ (or ‘cottage’ to the use the UK term) spaces. Exploring why these outlaw gay male subjects are so abject and troubling to the law, the
discussion documents how law’s desire to regulate gay men plays out in the masquerade of ‘plain-clothes’ agent
provocateur operations where police entrap gay men by mimicking gay bodily appearances, gestures and mannerisms. This article also examines
how police regulation of gay desire functions as a form of violence that delimits expressions of same sex desire in public
spaces. A key theme that underpins the analyses in this paper is that the policing of desire in ‘beat’ spaces helps produce qualities of illicitness and dangerousness and that this, in turn, fuels the circuit of desire at play
between gay men and agents of the law.
相似文献
Derek DaltonEmail: |
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Agamben traces the bio-political essence of modern politics to the non-sacrificial killing of Homo Sacer in Roman law. Nancy,
on the other hand, links the history of Western politics to the fundamental logic of sacrifice in Western metaphysics. He
nevertheless contemplates the possibility that Western societies may finally have arrived at the threshold of a non-sacrificial
existence. Derrida seeks to resist the sacrificial logic of Western metaphysics and politics, but nevertheless appears to
accept it as an irreducible fact of human co-existence. Unlike Nancy, he envisages no actual or actualised beyond beyond the realm of sacrificial metaphysics and politics. He thus can be said to interrupt Nancy’s ‘myth’ of a non-sacrificial
partage. This article compares these three philosophical stances in the hope of throwing more light on the role of sacrifice in the
law and politics of our time.
Professor of Law, Rand Afrikaans University. Conversations with Ann van Sevenant, Carol Clarkson, Louise du Toit, Peter Fitzpatrick,
Costas Douzinas and Adam Thurschwell gave impetus to many of the themes developed in this article. Concomitant shortcomings
and inaccuracies, as always, are mine. 相似文献