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Brian H. Bix 《Ratio juris》2020,33(2):124-133
This article offers an overview of the difficulties in Robert Alexy’s idea of law’s “claim to correctness.” The inquiry takes us deep into the nature of simple communication, back out to what it means to have a theory about the nature of law, and also in the direction of wondering about the interaction of legal theory and practical reasoning—reasoning about how we should best act. The article offers reasons to question whether law in fact makes claims, at least in any straightforward sense. Even if one brackets that matter, there are reasons to raise doubts about what is in fact implicit in the act of lawmaking. At one level, an act of lawmaking does implicitly assert the authority to act in that way. Whether it also implies that the content of the action is morally good, or at least not clearly morally bad, is, at a minimum, a harder question.  相似文献   

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Abstract: As the number of forensic science programs offered at higher education institutions rises, and more students express an interest in them, it is important to gain information regarding the offerings in terms of courses, equipment available to students, degree requirements, and other important aspects of the programs. A survey was conducted examining the existing bachelor’s and master’s forensic science programs in the U.S. Of the responding institutions, relatively few were, at the time of the survey, accredited by the forensic science Education Programs Accreditation Commission (FEPAC). In general, the standards of the responding programs vary considerably primarily in terms of their size and subjects coverage. While it is clear that the standards for the forensic science programs investigated are not homogeneous, the majority of the programs provide a strong science curriculum, faculties with advanced degrees, and interesting forensic‐oriented courses.  相似文献   

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This paper proposes a reading of Kelsen’s basic norm based on Kant’s regulative ideas. I begin by exposing Kant’s conception of the principles of reason. Then I criticize an interpretation of the basic norm along the same lines made by Stanley Paulson. Thirdly I analyze two theses from Hermann Cohen that influenced Kelsen greatly and reinforce my stance on the basic norm. Lastly, I explain how the Kelsenian tenet that the basic norm is the transcendental grounding of the normativity of law can be comprehended based on the role the ideas of reason play in the systematization of knowledge.  相似文献   

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Abstract: In forensic science, determining a person’s chronological age has become a challenge for researchers. Determining age using dental calcification is becoming increasingly important. The objective of this study is to estimate the dental age of the children’s population in Region VIII, Chile. The sample was randomly taken from children under the care of the Faculty of Dentistry at the Universidad de Concepción in Chile. The study encompasses 159 children between 3 and 14 years of age. The dental age was determined following the Demirjian method. The Bland–Altman method was applied to establish the correlation. It was determined that the range between chronological and dental age is similar, and the degree of correlation between both ages is nearly perfect. In conclusion, the degree of correlation between the chronological and dental ages for each gender is also very good although it is slightly higher for females.  相似文献   

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Abstract: Amussat’s sign is typically a transverse laceration of the intimal layer of carotid arteries described in cases of hanging. Subtotal laceration of the carotid artery is not strictly specific for hanging and can be also caused by blunt neck trauma, extreme overstretching, or whiplash‐injuries. In a prospective autopsy study of 178 cases of hanging, Amussat’s sign was found in 29 cases (a relative frequency of 16.1%). A statistically significant association between the occurrence of tears in the intimal layer of carotid arteries and the victims’ age was discovered in the cases studied (the frequency increased with age; p < 0.05). The occurrence of Amussat’s sign was independent of gender, weight, completeness of the victim’s body suspension, and position of the ligature knot on the neck. The study demonstrates the fact that the most probable cause of Amussat’s sign is a combination of direct compression of the artery by the rope and indirect stretching because of the gravitational drag produced by the weight of the body.  相似文献   

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Abstract: The identification of aged latent fingerprints is often difficult, especially for those of children. To understand this phenomenon, the chemical composition of children’s versus adults’ latent fingerprints was examined over time using Fourier transform infrared microscopy. Hierarchical cluster analysis revealed that children’s and adults’ prints were distinguishable for up to 4 weeks after deposition, based on differences in sebum composition. Specifically, adults had a higher lipid content than children, but both decreased over time, attributable to the volatility of free fatty acids. The aliphatic CH3, aliphatic CH2, and carbonyl ester compositions changed differently in adults versus children over time, consistent with higher cholesterol and cholesteryl esters in children’s prints and wax esters and glycerides in adults’ prints. Thus, fingerprint composition changes with time differently in children versus adults, making it a sensitive metric to estimate the age of an individual, especially when the age of the print is known.  相似文献   

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Abstract: Demirjian’s grading of tooth calcification is widely used to assess age of individuals with developing dentitions. However, its application on numerous populations has resulted in wide variations in age estimates and consequent suggestions for the method’s adaptation to the local sample. Conventionally, Demirjian’s method utilized seven mandibular teeth on the left side. A recent modification incorporated the third molar with a view to apply the method on a wider age‐group. Moreover, the revised method developed regression formulas for assessing age. This paper tested the 8‐teeth method using 547 Indians (348 females, 199 males) aged 7–25 years. Demirjian’s formulas resulted in inferior age prediction in Indians (9.2% misclassification at 99% confidence interval vs. 0% misclassification in the original study); therefore, India‐specific regression formulas were developed, which gave better age estimates (mean absolute error, MAE = 0.87 years) than the original formulas (MAE = 1.29 years). This suggests that Demirjian’s 8‐teeth method also needs adaptation prior to use in diverse populations.  相似文献   

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