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Hélène Laurin 《Journal of Arts Management, Law & Society》2013,43(1):48-49
Ten countries of Central and Eastern Europe and the Mediterranean region joined the European Union in 2004. Two more new members from southeast Europe (Bulgaria and Romania) joined in January 2007. Given the diverse range of political, economic, social, and cultural contexts of these nations, EU enlargement and integration processes have entered a new phase of complexity. In this article, I analyze the cultural policy developments in eight of the new EU member states (the Czech Republic, Estonia, Poland, Latvia, Lithuania, Hungary, Slovakia, and Slovenia), examine in detail state and nonstate cultural funding patterns, and assess the influence of EU policy—especially with regard to the Culture Program, Structural Funds, and European cultural cooperation initiatives—for its impact on cultural policy development in the new member states. Next, I discuss the new forms of pan-European cultural cooperation, focusing on the development of networks, foundation initiatives, and observatories. Finally, I explore issues in development of cultural policy in the new member states and conclude with recommendations for the future of the enlarged EU. 相似文献
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Schalk van Staden 《Journal of Arts Management, Law & Society》2013,43(4):258-261
Narrative is not only entertainment but also a mode of engaging in negotiation with others, and culture is one of the things negotiated thereby. Stories are structured by an internal and external authority in terms of origin, coherence, and effectiveness in the world. Cultural managers will inevitably be involved in situations where narratives diverge, and they will discover that dealing with competing narratives involves a type of diplomatic communication with a range of participants in the arena of culture, from artists to civic authorities to audiences. Historical anecdotes from both classical and modern eras suggest how powerful cultural credit and cultural production can be and how ideas of culture can be deployed in politics. The slow and careful procedures of diplomacy—taken analogously as communication, protection, negotiation, and sovereignty—can prevent even domestic cultural management from provoking hostility or resistance to a perceived attempt to exert control. Ultimately, we are mostly living in a fluid rather than a precisely calibrated world, and cultural managers know that absolute justifications for cultural work are impossible to find. 相似文献
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Howard S. Schiffman 《Journal of International Wildlife Law & Policy》2013,16(3):257-278
Abstract As the United Nations Convention on the Law of the Sea (UNCLOS) establishes itself as one of the premier regimes in international law, member states are increasingly availing themselves of the significant dispute settlement provisions found in Part XV. The International Tribunal for the Law of the Sea (ITLOS) is beginning to take its place in the pantheon of major international tribunals. Although its jurisprudence thus far has largely consisted of applications for prompt release of vessels, these cases have arisen from disagreements over fishery practices and the enforcement of fishery laws by coastal states. The ITLOS is developing into a transparent, consistent and speedy forum to adjudicate marine disputes arising from UNCLOS. While the overall scope and reach of Part XV may be uncertain at the present time, especially vis‐à‐vis other dispute settlement institutions, the early activity under Part XV is promising. Those concerned with marine wildlife issues should be encouraged by the potential of Part XV, the ITLOS in particular, to serve as an effective regime in the realm of marine wildlife dispute settlement. 相似文献
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Michael Hennessy Picard 《International Journal for the Semiotics of Law》2017,30(1):81-114
The history of Western foreign policy in the Middle East has long assimilated Arab culture to sickness. Specifically, the biological episteme of “contamination” has shaped American foreign policy in the Gulf for decades. In so doing, the US Government continually borrowed references from the natural sciences to frame its foreign policy, leading some commentators to claim that biology supplanted philosophy and religion as the primary political category. The article analyses the semantics of Iraqnophobic metaphors, from the British experience of “nursing” Arabs at the close of the First World War to the recent “shock doctrine” of American therapists. First, the paper will concentrate its attention on the metaphors of disinfection and surgical resection. Second, it will address the metaphors of lustration, State-rearing and scientific recovery. Finally, it will explore Iraqis’ rebellion against their self-appointed tutors and doctors. Elaborating on the belligerents’ nursing and biomedical metaphors, the following pages address the life cycle of foreign “legal transplantation”, “antibody” resistance and “immunosuppressant” counterinsurgency in Iraq. 相似文献
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Nicholas Allen 《The Journal of Legislative Studies》2013,19(3):297-314
Following a series of financial scandals in the early 1990s, the House of Commons implemented new ethics rules and regulatory procedures, including a Code of Conduct, a ban on paid advocacy, a Parliamentary Commissioner for Standards and a Select Committee on Standards and Privileges. In the absence of hard data about parliamentary integrity and the prevalence or otherwise of unethical parliamentary conduct, this paper explores the possible effects of the new rules and procedures on MPs' attitudes by comparing data from the 2005 British Representation Study with research conducted in the late 1980s. The evidence suggests that there has been some attitudinal change at the aggregate level, although it remains unclear how much of this change can be attributed directly to the Nolan reforms. 相似文献
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Suicidal or Homicidal Sharp Force Injuries? A Review and Critical Analysis of the Heterogeneity in the Forensic Literature 下载免费PDF全文
Fabio De-Giorgio M.D. Ph.D. Maria Lodise M.D. Gianluigi Quaranta M.D. Ph.D. Antonio G. Spagnolo M.D. Ernesto d'Aloja M.D. Ph.D. Vincenzo L. Pascali M.D. Ph.D. Vincenzo M. Grassi M.D. 《Journal of forensic sciences》2015,60(Z1):S97-S107
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. 相似文献
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Abstract The biological aspects of illegal harvests of threatened wildlife are outlined. It is shown that local agriculturalists are beneficiaries of illegal harvesting and that competition from agriculture exacerbates the extinction risk. Illegal harvesting of wildlife is driven by the profitability of the exercise, but law enforcement activity can deter poaching by reducing the associated expected profits. Law enforcement may be unable to limit illegal harvesting to levels threatened populations can sustain as a result of perverse consequences or strategic responses by poachers to law enforcement activity. Poaching activity is sensitive to the beliefs of participants about future prices and the availability of wildlife. Erroneous beliefs result in price collapses being observed. Integrating legal markets with increased local control of wildlife and punitive law enforcement strategies may be the most effective and efficient means to constrain illegal harvests. 相似文献
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Sarah Armstrong 《Criminal Law and Philosophy》2014,8(1):265-281
Plea bargaining is a response to capacity overload in the criminal justice system. It both preserves and belies the right to trial, making possible its glorious display but only by denying it in most cases. While plea bargaining has been documented and analysed copiously in historical, sociological and legal terms, its ethical status as an institutional practice are hazy. Richard Lippke offers an account of plea bargaining that draws on the normative debates over responsibility, culpability and desert, in aid of a holistic proposal for a morally defensible system of pre-trial adjudication. In proposing an ethical system of plea bargaining, and working through the normative challenges to this, two bigger questions become visible. These are: what are the implications of developing, in essence, an ethics of efficiency, and, how should the criminal justice system be held to account for the inequalities (and iniquities) that exist before and outside it? In this review essay, I show how these questions are constructed in the book and make some attempt at analysing them, thus engaging with the more urgent and general issue of the complicated relationship of the ideal to the real when it comes to penal practice. 相似文献
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Paul Babie 《International Journal for the Semiotics of Law》2018,31(4):977-992
This review essay contains four parts. The first briefly recounts the contours of Rafe Blaufarb’s thesis in The Great Demarcation: The French Revolution and the Invention of Modern Property (Oxford University Press, New York, 2016). The review is not intended to be a full assessment of the book; rather, Blaufarb’s work sets the stage for the focus of my reflections, which begin in Part 3. Using Louis Althusser’s understanding of law, we can see how the demarcation identified by Blaufarb made possible a further deployment of bourgeois law, which perpetuates the dominant ideology ensuring the concentration of resources in a small number of people, seemingly without obligation to the great majority who hold no power in relation to any resources. Part 4 explains the true inequity which this demarcation has wrought, establishing and perpetuating deep divisions between those who hold the ‘social function’ inherent in property—the power unilaterally to alter social relationships—and those who do not—those who suffer the alteration of social relationships to their detriment. In short, property itself is an ideology of power, the legacy of which is not equality, but exploitation. Part 5 concludes that the great demarcation, which Blaufarb so skilfully explicates, turns out to be nothing in which humankind ought to take any pride. Rather, it has served and serves the purposes of the few to work untold misery and hardship upon the many. 相似文献
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C. Farrelly 《Law and Philosophy》2006,25(5):489-531
In a world that is inherently indeterminate, a suitable theory of distributive
justice must perhaps itself be indeterminate, and its indeterminacies must
accommodate those of the world where relevant.
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Elizabeth A. Tomsich Tara N. Richards Angela R. Gover 《American Journal of Criminal Justice》2014,39(4):732-752
Extralegal disparities between defendants sentenced to the death penalty and those who receive life without parole disturb even the most resolute advocates of capital punishment. Extensive bodies of research document extralegal factors influencing death penalty outcomes. Although studies largely focus on race and ethnicity, a growing body of research considers the impact of sex on the capital sentencing process. This paper reviews the extant research on the impact of the sex of the victim, defendant, attorney, juror, and judge on capital case outcomes. Women’s scarcity on death row and a previously documented “female victim effect” condemning male defendants who kill female victims, particularly for those committing crimes of sexual degradation, suggests that death row policies and their implementation chivalrously protect female defendants and victims. Conversely, a limited amount of research documents a “domestic discount,” or greater leniency for death-eligible crimes commonly victimizing women than for those victimizing acquaintances or strangers. Although opinion polls document greater support for the death penalty among men than women, juror sex inconsistently predicts sentencing outcomes in the literature. Minimal research on judge and attorney sex finds female judges more liberal in death penalty sentencing than male judges and inconclusive relationships between attorney sex and adjudication. Findings in the research on sex and death penalty outcomes support the existence of a “sex effect” and inform recommendations for future research to expand the body of literature. 相似文献