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1.
Adam Gearey 《Journal of law and society》2004,31(1):38-59
There is a voice that tries to speak the truth. This essay will suggest that the discourse on the South African Truth and Reconciliation Commission [TRC] has perhaps ignored this most invisible of things, and has looked for the truth of the Commission everywhere except where it might be found, if indeed it can be found at all. To the extent that it is possible to oppose the truth of the voice to another truth, it may be useful to make use of a notion of poetics; even a sublime poetics. 相似文献
2.
Research on deception detection in legal contexts has neglected the question of how the use of evidence can affect deception detection accuracy. In this study, police trainees (N=82) either were or were not trained in strategically using the evidence when interviewing lying or truth telling mock suspects (N=82). The trainees’ strategies as well as liars’ and truth tellers’ counter-strategies were analyzed. Trained interviewers applied different strategies than did untrained. As a consequence of this, liars interviewed by trained interviewers were more inconsistent with the evidence compared to liars interviewed by untrained interviewers. Trained interviewers created and utilized the statement-evidence consistency cue, and obtained a considerably higher deception detection accuracy rate (85.4%) than untrained interviewers (56.1%). 相似文献
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4.
Daniel Raveh 《Journal of Indian Philosophy》2008,36(2):319-333
The article offers a close reading of the famous upanişadic story of Indra, Virocana and Prajāpati from the eighth chapter
of the Chāndogya-Upanişad versus Śankara’s bhāşya, with special reference to the notions of suşupti and turīya. That Śankara is not always loyal to the Upanişadic texts is a well-known fact. That the Upanişads are (too) often read
through Śan-kara’s Advaitic eyes is also known. The following lines will not merely illustrate the gap between text and commentary
but will also reveal an unexpected Upanişadic depiction of ‘dreamless sleep’ and ‘transcendental consciousness’. Suşupti is described here as ‘one step too far’, as a ‘break’ or discontinuity in one’s consciousness; whereas turīya is depicted positively, and surprisingly even in wordly terms. Unlike the third state of consciousness in which there is
no ‘world’ nor ‘me’, and which is described through Indra’s character as ‘total destruction’ (vināśa); in turīya, the world ‘comes back’, or rather the ‘renouncer’ returns to the world. Sankara’s position, as far as the story under discussion
is concerned, is radically different. For him, the Upanişadic story illustrates the continuity of consciousness in all its states. For him, the identification with merely one of the consciousness-states
is an error (adhyāsa) which causes suffering. Consciousness prevails even in suşupti, and turīya has nothing to do with ‘coming back to the world’, since there is nowhere to come back from or to. Turīya, as seen by the Advaitin, consists of all the other states of consciousness together, or as K. C. Bhattacharyya puts it,
‘It is not only a stage among stages; it is the truth of the other stages’.
The article is dedicated to Prof. Daya Krishna (1924-2007). 相似文献
5.
漆彤 《Frontiers of Law in China》2009,4(1):82-101
Regional economic cooperation and multilateral cooperation of competition policies are regarded as two of the most important
topics in international communities, both of which have a very close relationship, i.e., the former is an important path to
the latter, and the latter is usually a critical topic of the former. Among the existing regional cooperation mechanism of
competition policies are the three most typical modes, i.e., APEC’s open cooperation, NAFTA’s procedural law cooperation and
EU’s substantive law cooperation. While taking initiatives to participate in multilateral cooperation of competition policies,
China shall grasp the situation of current multilateral cooperation of competition policies, and follow the orderliness of
its development, i.e., a step-by-step process of cooperation from nonbinding to binding, from domestic law to international
law, and from fundamental to procedural law and to substantive law.
Qi Tong, Ph.D, was once a visiting scholar in the Amsterdam Center of International Law (ACIL) (2006–2007). Now, he is an
associate professor at the Department of International Economic Law of Wuhan University. His research interests focus on international
trade law, international investment law, international financial law, international competition policy. His main publications
include Regulatory constraint on transnational mergers & acquisitions (2006), Antitrust legislation on foreign M&A investments: Analysis on the antitrust rules in the Interim Provisions for Foreign Investors
to Merge Domestic Enterprises (2004), Evolution of the pluralistic market regulation mechanism and its legislation (2005), On the positive comity of international antitrust cooperation (2005), International regulation mechanism and the new views of international economic law (2005), A legal perspective on the development of loan securitization in China (2006), A review on the case of Chinese measures affecting financial information services and foreign financial information supplier (2008). 相似文献
6.
Scott Newton 《Law and Critique》2006,17(3):325-355
This paper examines the public, private and political in the work of Adriana Cavarero by drawing upon the situations of two
women whose lives feature in her work: Elizabeth I and Penelope. It includes an analysis of the way in which Cavarero is rethinking
Hannah Arendt’s view of ‘the political.’ Cavarero’s exposition of the metaphor of the King’s two bodies in the common law
is explored, along with her critique of hylomorphism. Finally, it extends her work in Stately Bodies by considering different images of the power of the body in later political discourses regarding the worker’s body and the
effect of the advance of techno-science.
This paper was presented at ‘The State He’s In – Political Philosophy and the Figural: A Conference with Adriana Cavarero
on her book Stately Bodies: Literature, Philosophy and the Question of Gender’ at Warwick University, Department of Philosophy in May 2004. I would like to thank Adriana and all the conference participants
for their comments. Thanks also to the referees of this paper. I have kept the informal style of presentation from the conference,
along with the emphasis upon theoretical, rather than historical, analysis. 相似文献
7.
Janice Richardson 《Law and Critique》2006,17(2):135-151
This paper examines the public, private and political in the work of Adriana Cavarero by drawing upon the situations of two
women whose lives feature in her work: Elizabeth I and Penelope. It includes an analysis of the way in which Cavarero is rethinking
Hannah Arendt’s view of ‘the political.’ Cavarero’s exposition of the metaphor of the King’s two bodies in the common law
is explored, along with her critique of hylomorphism. Finally, it extends her work in Stately Bodies by considering different images of the power of the body in later political discourses regarding the worker’s body and the
effect of the advance of techno-science.
This paper was presented at ‘The State He’s In – Political Philosophy and the Figural: A Conference with Adriana Cavarero
on her book Stately Bodies: Literature, Philosophy and the Question of Gender’ at Warwick University, Department of Philosophy in May 2004. I would like to thank Adriana and all the conference participants
for their comments. Thanks also to the referees of this paper. I have kept the informal style of presentation from the conference,
along with the emphasis upon theoretical, rather than historical, analysis. 相似文献
8.
Narnia Bohler-Muller 《Law and Critique》2007,18(2):253-274
This contribution offers a careful but critical reading of Johan van der Walt’s theory of post-apartheid law as sacrifice and social struggle. By placing a theoretical emphasis on the inevitability of violence and the impossibility
of love, Van der Walt’s thesis risks denying the possibility of thinking the world in a different, way. In order to reconceive
the terms of community and horizontality in post-apartheid South Africa, there is a need to move beyond thinking the world as constructed according to tension, conflict and self-preservation
at the expense of understanding and compassion. In developing a critique of law as sacrifice, I utilise Panu Minkkinen’s call
for justice as the beyond of law that goes beyond the mere battle for recognition. I also address his view that the unappeasable
desire of metaphysics entails the recognition that there is hope for the future and the recovering of transcendence as otherness.
Secondly, I use Louis Wolcher’s work on Zen Buddhism to argue that any obsession with conceptual purity, as is glimpsed in
Van der Walt’s work, ignores the impossibility of setting down the immutable and universal truth for all time. In other words, however attractive a theory of law as sacrifice may be, it
is only one perspective amongst many others. Lastly, I contrast Van der Walt’s work with that of Luce Irigaray, and in particular
her formulation of ‘horizontal transcendence’ that makes possible relations ‘between two’.
相似文献
Narnia Bohler-MullerEmail: |
9.
Since South Africa's Truth and Reconciliation Commission (TRC), 'reconciliation' is now an authoritative discourse governing
political transition. Reconciliation governs the 'moral reordering' of national communities in the wake of conflict and transition
to more democratic regimes by enquiring into, and attempting to address, past gross violations of human rights perpetrated,
in the main, against civilian populations by the state and its agents. Reconciliation eschews retributive justice in favour
of 'restorative' modes of 'dealing with the past', and has come, broadly, to be institutionalised by the truth commission.
South Africa's TRC animated theological discourses of forgiveness and Christian reconciliation in order to legitimise and
endow with moral resonance the project of transitional justice. This article enquires into the political effects of such an
animation, and investigates the performance of forgiveness and reconciliation as metaphor and narrative. 相似文献
10.
ABSTRACTWe tested the utility of applying the Verifiability Approach (VA) to witness statements after a period of delay. The delay factor is important to consider because interviewees are often not interviewed directly after witnessing an event. A total of 64 liars partook in a mock crime and then lied about it during an interview, seven days later. Truth tellers (n?=?78) partook in activities of their own choosing and told the truth about it during their interview, seven days later. All participants were split into three groups, which provided three different verbal instructions relating to the interviewer’s aim to assess the statements for the inclusion of verifiable information: no information protocol (IP) (n?=?43), the standard-IP (n?=?46) and an enhanced-IP (n?=?53). In addition to the standard VA approach of analysing verifiable details, we further examined verifiable witness information and verifiable digital information and made a distinction between verifiable details and verifiable sources. We found that truth tellers reported more verifiable digital details and sources than liars. 相似文献
11.
Recent research in decision-making has demonstrated the “dud-alternative effect”—the tendency to become more confident that
a chosen response option is correct if it is surrounded by implausible response options (Windschitl & Chambers, J Exp Psychol
30:198–215, 2004). This finding may be applicable to a lineup task: The presence of duds (i.e., highly dissimilar fillers) may increase a
witness’s confidence that an identified (non-dud) lineup member is the criminal. Four studies (N = 665) demonstrate that the mere presence of highly dissimilar fillers inflates witnesses’ confidence in a mistaken identification
(Studies 1–4), provides evidence that this confidence inflation is due to the duds inflating the perceived similarity of the
other lineup members to the criminal (Studies 2, 3), and delineates some conditions under which the effect holds (Studies
3, 4). The addition of highly dissimilar lineup members, far from being inert, as is often implicitly assumed, can bias witnesses’
confidence reports. 相似文献
12.
Using our own experiences in attempting to ‘do’ public criminology in the wake of a violent sexual assault on our campus,
we offer a critique of the emerging public criminology framework. Focusing specifically on tensions between fact and emotion
and representations of expertise in the news media, we argue for a greater respect for emotional responses to crime in moving
the public criminology agenda forward. We suggest that if public criminology sets as its goal educating the public about crime
with an eye towards injecting a counter/critical discourse into ‘get tough’ crime control policies, then public criminologists
need to recognize and take seriously the public’s emotions rather than negate them. Drawing on the work of Ahmed (The cultural
politics of emotion. Routledge, London, 2004), we suggest that the role of the expert is not to simply inform citizens of the ‘facts’ about crime, but to establish—through
emotions—the relationship between themselves and the imagined criminal Other (Young in Imagining crime: Textual outlaws and criminal conversations.
Sage Publications, London, 1996). Thus, alongside trying to convince the public to be more ‘rational’ when it comes to crime, critical criminologists must
start to accept people’s fear and anger as legitimate reactions and try to redirect these emotions toward more productive
ends. 相似文献
14.
Mariana Valverde 《Law & social inquiry》2015,40(4):1080-1097
FOUCAULT, MICHEL. 2014 . Wrong‐Doing, Truth‐Telling: The Function of Avowal in Justice . Ed. Fabienne Brion and Bernard Harcourt, trans. Stephen Sawyer. Chicago, IL: University of Chicago Press. Cloth $35.00, E‐book $7.00 to $30.00. The publication of a previously unknown set of lectures delivered by Foucault in 1981 at Louvain's criminology institute constitutes a major revelation for legal and criminological scholars (Wrong‐Doing, Truth‐Telling: The Function of Avowal in Justice, 2014). The lecture material includes an extended discussion of the techniques used by Oedipus to establish the truth of his familial crime, a reflection on the beginnings of the inquisitorial justice system (which Foucault here argues paved the way for the scientific revolution), and analyses of contemporary forensic confessions. Throughout these meticulously edited lectures, the scientific and philosophical “inquiries” that revolutionized modern European knowledges are shown to be rooted in embodied practices of confession and avowal that go back to ancient Greece. 相似文献
15.
Although control has long been considered central to understanding intimate partner violence (IPV), there continues to be
a notable lack of validated scales measuring control (e.g., Strauchler et al. Journal of Family Violence, 19(6), 339–354, 2004). The purpose of this study was to develop and empirically validate a brief assessment tool, the Intimate Partner Violence Control Scale (IPVCS), designed to measure control in the context of IPV. Data from a sample of male undergraduate and graduate students
(n = 436) were used to examine the scale’s properties. After reviewing theoretical conceptualizations and measurement issues
of control, psychometric properties of the IPVCS and results of exploratory hypotheses tests are presented. The availability
of a brief and reliable measure of control offers a tool for professionals in the judicial system, for IPV victims’ advocates,
and for human services workers in practice settings to adequately assess for control and fills a gap in this area of research
and practice. 相似文献
16.
Hirschi (2004) redefined self-control as the tendency to consider the “full range” of potential costs relevant to a criminal act, suggesting
that such costs vary in number and salience based on one’s level of self-control. He also suggested self-control, as expressed
at the moment of decision, was influenced by the individual’s level of social bonding; those with fewer bonds would exhibit
less self control by considering fewer costs and finding them less salient when making a decision. This study presents an
initial attempt to examine Hirschi’s theoretical statement linking concepts from the two theories. Presented with a hypothetical
drunk driving scenario, participants were asked to identify perceived costs and salience as a measure of self-control, as
Hirschi (2004) suggested. Results support Hirschi’s assertion demonstrating that the social bond impacts offending likelihood through its
relationship to self-control expressed within the decision. Future theoretical and empirical directions are outlined. 相似文献
17.
Using data obtained from women’s shelter residents, male and female students, and male prisoners, this study investigated
the association between non-violent controlling behaviors, physical aggression, and violence towards a spouse (N = 264). It was predicted that only men and women involved in intimate terrorism (Johnson, Violence Against Women, 11(12):1003–1018, 2006) would use controlling aggression, and that physical aggression used by those involved in situational couple violence would
be unrelated to controlling behavior. Contrary to predictions derived from Johnson’s theory, regression analysis showed that
control accounted significant proportions of the variance in the use of physical aggression for all three relationship categories.
Some support was provided, however, as it was found that the pattern of both interrelationships of the five types of controlling
behaviors, and control and physical aggression, supported Johnson’s distinction. 相似文献
18.
Lening Zhang 《Crime, Law and Social Change》2008,50(3):149-160
The study reviews research on juvenile delinquency and justice in China since 1990. The review covers three issues that have
been studied in the publications: (1) the nature and scope of China’s juvenile delinquency; (2) individual, group, and institutional
factors and their roles in delinquency involvement; and (3) the development of China’s juvenile justice. Because Hong Kong
is a special region of China and has a different social, political, and legal system, the study reviews the publications on
Hong Kong’s juvenile delinquency and justice in a separate section. It summarizes the findings derived from the review, analyzes
and discusses the limitations of the reviewed studies, and provides prospects for future research in the area.
相似文献
Lening ZhangEmail: |
19.
Jeanne L. Schroeder 《Law and Critique》2007,18(1):117-142
H.L.A. Hart’s jurisprudence seems antithetical to Jacques Lacan’s psychoanalysis. Professor Schroeder argues that, in fact,
Hart’s concept of law has surprising similarities to Lacan’s ‘discourse of the Master’. Both reject a command theory of law:
subjects do not obey law out of fear. Moreover, both insist that the authority of law is completely independent from its content.
Anyone seeking to develop a psychoanalytically sophisticated critical legal theory should reconsider Hart. As insightful as
his concept of the symbolic is, Lacan has no expertise in legal systems and does not discuss positive law per se. Although he posited a theory of ethics in his Seventh Seminar and the seeds of a jurisprudence are implicit within his theory,
he offers no account of legal right, justice or what Hart misleadingly calls ‘morality’. A Lacanian jurisprudence must, therefore,
be supplemented by other sources.
Moreover, legal positivists should not dismiss psychoanalysis. As insightful as Hart’s jurisprudence is, his theories of legal
subjectivity and linguistics are simplistic and his concept of law too narrow. He describes only one aspect of legal experience:
obedience to law. He ignores what most legal actors do: Hart’s concept of law excludes the practice of law. Although Lacan’s ‘master’s discourse’ surprisingly parallels Hart’s jurisprudence, Lacan does not restrict the symbolic
to the master’s discourse. It requires three other ‘discourses’. Lacan, therefore, supplements Hart. Specifically, Lacan’s
fourth discourse describes the excluded practice of law and provides the mechanism by which ‘morality’ can critique law.
相似文献
Jeanne L. SchroederEmail: |
20.
Nirmalya Guha 《Journal of Indian Philosophy》2012,40(1):47-66
The meaning of the term ‘tarka’ is not clear in the modern literature on Classical Indian Philosophy. This paper will review different modern readings of
this term and try to show that what the Nyāyasūtra and its classical commentaries called a ‘tarka’ should be understood as the following: a tarka is a cognitive act that validates a content (of a doubt or a cognition or a speech-act) by demonstrating its logical fitness
or invalidates a content by demonstrating its logical unfitness. A tarka can act as a metatheory too. Generating certainty is, according to the Classical Nyāya, a job assigned to an epistemic instrument
(pramāṇa). It fails to do so when there arises a doubt regarding it. The moment a tarka dispels the doubt, the epistemic instrument
generates certainty. Tarkas of different types will be exemplified by critically analyzing Gaṅgeśa’s applications of tarka in his magnum opus Tattvacintāmaṇi. These examples will clarify the definition of tarka formulated in this paper. 相似文献