The general toxicology unknown. I. The systematic approach

The general toxicology unknown often presents challenges and interests to toxicologists. A systematic analytical approach to search for drugs or poisons is presented here. The preliminary screening analyses were as follows: alcohol by gas chromatography (GC), ethchlorvynol colorimetric analysis, enzyme multiplied immunoassay technique (EMIT), basic drug screening by GC, and neutral and weakly acidic drug screening by GC. Other additional analyses were performed depending on the special circumstance of each individual case and the results of these preliminary analyses. Positive findings were confirmed by computerized gas chromatography/mass spectrometry when practical. Quantitation was performed by GC whenever possible.     

The Sense of Freedom. The Surprise of Being-in-Common

‘Globalization’ implies, among other things, the radical crisis of the metaphysical and theologico-political conceptions of sense. The crisis of the device built upon the concepts of the abstract individual, the nation and the State is at the same time the crisis of the subject as a master and an owner of sense (each time, the sense). But, if human beings are subtracted by the national, historical and metaphysical identities, by the system of the meanings-image, they are exposed to the possibility itself of sense as what precedes and exceeds every constituted identity or reality. This article aims at exploring in Jean-Luc Nancy’s thought the strict relationship between the ‘non-appropriable’ nature of sense and the being-in-common of human beings considered not as abstract individuals, but as multiple-singularities. A community that is the opening itself of sense, is not sacrificed to an originary or future Unity, but it is offered to the event of the present; to the existences as events and to an ‘immediate mediation’ as surprise. The experience of this offer as surprise is what Nancy calls ‘freedom’. Graduate student at the University of Venice, Italy; conducting a study of ‘the centres of temporary detention’ for migrants in Italy. The translations of all extracts are mine unless otherwise provided. These pages are dedicated to the migrants of the Association Solidariedade Imigrante of Lisbon, Portugal (to each one and to all of them, their friendship is for me such a great gift). I would like to thank Vania Trento Miotto and Thanos Zartaloudis with all my heart for the precious help in the revision of this article. Obviously, the responsibility for these pages rests entirely with me.     

美国知识产权滥用

美国是以判例法为主的国家。知识产权权利滥用理论的出现和发展也是以司法判例尤其是关于专利权的判例为基础,专利权滥用最有名的判例是莫顿食盐案。①美国最高联邦法院明确支持滥用抗辩,此案也是第一个专利权滥用判决,而且确立为具有法律效力的抗辨。其次是镭射梳案,②此案涉及到版权滥用。依判例法逻辑推理,在商标权领域,滥用抗辨也具有法律效力。     

The internationalization of U.S. Criminal Law Enforcement

B.A., Victoria University of Wellington 1964; LL.B., Victoria University of Wellington 1964; LL.M., Victoria University of Wellington 1967; LL.M., Columbia University 1968; J.S.D., Columbia University 1972.     

美国麻省州紧急情况应对委员会

根据1997年2月27日通过、1998年12月17日修订过的地方法规定,设立州紧急情况应对委员会(SERC)的目的和授权依据,是1986年的超级基金修正案及再授权法的第三款以及“应急规划和社区知情权法”中所列明的。其职责如下:协调超级基金修正案及再授权法第三款中规定的培训、教育、技术指导和向基层提供服务。划分各地的紧急情况应对责任区,指定并协调地方的紧急规划委员会并评审其应急规划。建立接收和处理紧急情况报告和其他信息,如监控设施的存货情况材料等的机构和处理程序,回应政府机构和公众对于信息的索取要求。为此,应指定一个官员从事信…     

The case of Dr. Shipman

On January 31, 2000, Dr. Harold Shipman was convicted at Preston, England, of murdering 15 of his patients by administering lethal doses of diamorphine (pharmaceutical heroin). Investigations indicate that, during his working life, he killed about 220 to 240 of his patients. The bodies of many victims were cremated. Twelve victims were exhumed, and 9 of these deaths were included in the indictment. Most victims were elderly and had histories of natural disease. Autopsies confirmed known natural disease but showed no evidence of acute lethal events. Analysis of skeletal muscle disclosed significant quantities of morphine, to which the deaths were attributed. Circumstantial evidence was strong, as illustrated by the convictions in 6 deaths without autopsy or toxicology, because the bodies had been cremated. Organic compounds are remarkably stable in buried bodies. Even so, detection and quantitation of morphine in exhumed bodies may become problematic after burial for 4 years or more. Morphine glucuronide is slowly converted back to free morphine in the buried corpse.     

英国性犯罪视角中严格责任之考察

无罪过不为罪是中国刑法的基本原则,然而这个原则却面临主要适用于英美法系的严格责任理论〔1〕的挑战。这种理论也是国内多数学者用来论证行为人与幼女发生性关系,即使确实不知其真实年龄,也应论之以犯罪的主要理论根据。由于严格责任肇始于英国,因此细致地探讨英国严格责任尤其是在性犯罪领域的适用现状,对我们考虑是否应当在强奸(奸淫幼女)罪〔2〕中嫁接该归责原则很有裨益。一、严格责任的基本内涵一般认为,严格责任(strictliability)是指在考虑犯罪行为的一个或多个要素的时候,无需考虑犯罪心态的犯罪。严格责任不能被理解为绝对责任(a…     

法律的"概念"澄明——评H.L.A.哈特《法律的概念》

日常语言分析哲学家并新分析实证主义法学的创始人哈特,在《法律的概念》一书中,从语词用法的日常语言分析入手,通过法律"游戏"中第一性规则与第二性规则之结合作为关键的"法律"概念纵向语境把握,以及"主权者"、"命令"、"正义"、"道德"诸概念讨论之"法律"概念横向比较,成功地将法律"概念"的理解由对于某种具有确定客观属性的法律实体的认识转向了日常语言层面的澄明,开创了一个全新的日常语言分析法学流派.     

The trials of Steven Truscott.

Determination of time of death (postmortem interval) is one of the most difficult problems confronting forensic pathologists. One noteworthy such case is that of Steven Truscott, a 14-year-old Canadian youth who was convicted of the June 1959 rape-murder of 12-year-old Lynne Harper in rural southwestern Ontario. The two had been seen together on the evening when Lynne was last seen alive. At her autopsy approximately 48 h later, the prosecutor, relying almost entirely on examination of the gastric contents, placed the time of death during the period in which the two were apparently in each other's company. Truscott's defense was unable to refute this opinion, and Truscott was sentenced first to death, then to life imprisonment. Isabel LeBourdais, a Canadian journalist, published a book defending Truscott that eventually led to a judicial rehearing, but his conviction was upheld. The examination of gastric contents is only one measure employed in the often difficult determination of time of death. It has not been made inherently more reliable in this regard since 1959. It is crucial, therefore, to use all available evidence in determining time of death.     

The man in the scarlet cloak. The mysterious death of Peter Anthony Motteux.

Peter Anthony Motteux (1663-1718), a Huguenot refugee in London, established a literary reputation by completing Sir Thomas Urquhart's translation of Rabelais' Gargantua and Pantagruel, then Cervantes' Don Quixote. He later became an import-export merchant. On his 55th birthday he donned his scarlet cloak and went out on the town. He picked up a prostitute and after some dalliance returned to her bordello. Shortly thereafter he was found dead, although the evidence is that he was in good health when he arrived. Literary evidence is that he died from assisted erotic asphyxia, a variant of autoerotic asphyxia, cf. the case of Frantisek Koczwara (Am J Forensic Med Pathol 5:145-149, 1984.)     

附录一：美国麻省州紧急情况应对委员会

根据1997年2月27日通过、1998年12月17日修订过的地方法规定，设立州紧急情况应对委员会（SERC）的目的和授权依据，是1986年的超级基金修正案及再授权法的第三款以及“应急规划和社区知情权法”中所列明的。其职责如下：