论杨德昌的诚意电影及其美学特征

杨德昌始终诚实地用胶片书写着自己对人生和社会现实入木三分的观察、敏锐的思考和无情的批判，并以深刻的思想内涵和卓越的艺术技巧，创造了华语电影的一座高峰。他有强烈的社会责任感和历史使命感。其电影不是类型片、娱乐片、商业片，而是一种诚意电影，具有独立制片的美学特征。     

The Liberal Value of Privacy

This paper presents an argument for the value of privacy that is based on a purely negative concept of freedom only. I show that privacy invasions may decrease a person’s negative freedom as well as a person’s knowledge about the negative freedom she possesses. I argue that not only invasions that lead to actual interference, but also invasions that lead to potential interference (many cases of identity theft) constitute actual harm to the invadee’s liberty interests, and I critically examine the courts’ reliance on a principle of ‘no harm, no foul’ in recent data breach cases. Using a number of insights from the psychology of human belief, I also show that the liberal claim for protection of privacy is strengthened by the observation that often the privacy invader cannot be held responsible for the influence on the invadee’s negative freedom.     

Self-Interest,Automaticity, and the Psychology of Conflict of Interest

This paper argues that self-interest and concern for others influence behavior through different cognitive systems. Self-interest is automatic, viscerally compelling, and often unconscious. Understanding one's ethical and professional obligations to others, in contrast, often involves a more thoughtful process. The automatic nature of self-interest gives it a primal power to influence judgment and make it difficult for people to understand its influence on their judgment, let alone eradicate its influence. This dual-process view offers new insights into how conflict of interest operate and it suggests some new avenues for addressing them or limiting some of their greatest dangers.     

灰色地带:反腐败法律的文化分析

法人类学对腐败和反腐败法律的分析做出了重要贡献。指出了法律界定为"腐败"的行为的社会根基以及腐败行为的两个规范框架:国家的法律和社会惯例;评估腐败问题时存在的双重标准:国际组织和西方国家常常认为"南方"和"东方"国家的腐败问题比"发达"国家更严重;反腐败与政治稳定常常难以求得平衡,媒体对腐败的报道带来了一系列棘手的问题,在处理反腐败问题时常常采用过于简单的两分法。法律人应当对这些卓识给予更多的关注。这对于理解英国的几个重大案件具有重要的意义。     

Punishment's Legal Templates: A Theory of Formal Penal Change

The well‐known gap between law on the books and law in action often casts doubt on the significance of changes to law on the books. For example, the rise and fall of penal technologies have long been considered significant indicators of penal change in socio‐historical analyses of punishment. Recent research, however, has challenged the significance of apparently large‐scale penal change of this kind. This article clarifies the significance of penal technologies' rise and fall by offering an alternative account of formal penal change, introducing the analytical concept of “legal templates,” structural models of legal activity (e.g., punishment) available for authorization and replication across multiple jurisdictions. Analyzing punishment's templates explains how new penal technologies can be important harbingers of change, even when they fail to revolutionize penal practice and are not caused by a widespread ideological shift. This article locates the significance of punishment's legal templates in their constitutive power—their ability, over the long term, to shape cognitive‐cultural expectations about what punishment is or should be. This power appears only when the template is widely adopted by a plurality of jurisdictions, thereby becoming institutionalized. Ultimately, these institutionalized templates define the scope of future punishment.     

Is right coronary artery hypoplasia and sudden death an underdiagnosed association?

Determining whether hypoplasia of a coronary artery has caused or contributed to death is often complicated by an absence of histologic evidence of myocardial ischemia in the area of the heart supplied by the affected artery and also by the lack of data for assessing coronary artery size at autopsy. A 45-year-old woman is reported who collapsed and died and who was found at autopsy to have a dominant, small-caliber, right coronary artery, with acute and chronic ischemic changes in the posterior interventricular septum supplied by the diminutive vessel. This case provides evidence that small-caliber coronary arteries may be associated with a lethal outcome. Given the difficulties that may occur in determining whether there is a causal link between small coronary artery caliber and death, it is possible that this may be an underdiagnosed cause of sudden cardiac death, rather than a coincidental finding of minimal significance.     

Governing budgetary commons: what can we learn from Elinor Ostrom?

This article discusses the insights that Elinor Ostrom’s work on common-pool resources and governing the commons can provide for the literature on fiscal commons. Institutional approaches to public finance often employ the metaphor of ‘budgetary commons’. Although intuitively appealing, the notion of budgetary commons faces the danger of becoming a catch-all term that is simply taken as a starting point for an inquiry, without scrutinising the fit between the metaphor and the actual setting. In addressing this shortcoming, the literature on budgetary commons can learn from Elinor Ostrom and the analytical approaches she has advocated in her research on natural commons. This article brings out insights from Ostrom’s work that would be particularly useful for institutional analysis of budgeting. It shows that institutional approaches to public finance can draw on Ostrom’s work with regard to the general approach for examining institutional configurations and their evolution over time, the analytical structures she uses for conceptualising the problems occurring on the commons, the desire to understand institutional complexity in real-life settings, and her scepticism of over-simplified models that are often used for describing and understanding the problems of common-pool resources.     

Insanity, methamphetamine and psychiatric expertise in New Zealand courtrooms

The use of methamphetamine in New Zealand has increased significantly over the last decade. Due to the potential of methamphetamine to induce, exacerbate and precipitate psychotic symptoms, this drug has also taken centre stage in several criminal trials considering the sanity of defendants. Highly publicised and often involving contested expert evidence, these criminal trials have illustrated the limits of using psychiatric expertise to answer legal questions. This article considers the implications of such cases in light of material from a qualitative study that aimed to generate insights into the difficulties forensic psychiatrists and their instructing lawyers face when providing expert evidence on the relationship between methamphetamine, psychosis and insanity. It reports material from 31 in-depth interviews with lawyers and forensic psychiatrists and observation of one criminal trial that considered the relationship between methamphetamine and legal insanity. The findings are correlated with the clinical and medico-legal literature on the topic and subjected to scrutiny through the lens of "sanism". The article concludes that the continued use of forensic psychiatry to meet the legal objectives of insanity, where methamphetamine is involved, has the potential to reinforce sanist attitudes and practices.     

Saturation Foot-Patrol in a High-Violence Area: A Quasi-Experimental Evaluation

Shoplifting is one of the most common and costly crimes, yet little data exist to determine reliably characteristics of the typical shoplifter or the modus operandi of the crime. It is a crime that has most often been studied using official, secondary data provided by either retail security personnel or law enforcement officers. Reliability issues plague these official data. Continuing the “dark figure of crime” tradition, this study examines shoplifting by covert observation with a camera system installed in a typical suburban retail drug store. A standardized data template was used to record the demographic and behavioral characteristics of shoppers. Significant numbers of shoppers (8.5%) were observed shoplifting. Logistic regression analysis reveals that, while members of some demographic groups shoplifted more often than others, behavioral indicators carried far more predictive power. The methodology and findings are considered within the larger context of the law enforcement and “profiling” literatures.     

“经验”方法与法学研究

在科学发展史上,方法论的突破往往带来科学发展的重大突破。历史地看,“实证”研究是一个在社会科学的发展中被扬弃的概念,科学的提法是“经验研究”。经验方法以定量研究为主,强调科学研究必须以客观观察所获得的准确资料为基础。在法学研究中,经验方法只适用于研究与效用有关的问题,不适用于研究与价值有关的问题。进行经验研究,必须完成一个话语体系的转变,即从理论思维或逻辑思维转变到数量形式的思维。     

Norms,economic conditions and household formation: A case study of the Arab world

Very little work has examined the question of household structure in the Arab region, despite the fact that there has been speculation that changes in household patterns have been occurring in recent years due to modernization, urbanization and changing marriage patterns. Using a number of primary data sources, including household surveys from Lebanon, Yemen, Syria, and Egypt, as well as analysis by historians that uses archival sources, this paper compares household structure patterns across time and space, to answer the question—how have household patterns changed and do observed changes provide insights into the impact norms and/or structural factors have and will play in shaping household patterns? The data suggest that while often perceived as being the dominant household structure, extended family households are not the norm in the Arab world, nor have they necessarily predominated since the 1800s. In addition, patterns vary considerably across communities, with extended family households occurring more frequently in Syria and Yemen. Some trends that provide insight into the future, as well as being suggestive of possible changes in norms, include: the rising age of marriage; the increasing likelihood that women in particular will never marry; and the increasing ease, despite high levels of youth unemployment, for young people, including young women, to set up their own households. These trends also raise numerous questions about how much changes that are occurring are a function of individual choice or are shaped by cultural or economic pressures. Patterns currently being observed also provide insights into changes that are likely to occur in the future, since current trends suggest that future household patterns may be quite different in the coming years, and that youth, and in particular young women, may be in the process of gaining more autonomy in a number of countries.     

国际法在非洲国家国内法中的地位和作用

国际法在国内法中的地位问题对致力于宪政改革的非洲国家来说,具有重要的意义。国际法与国内法的关系在理论上存在着分歧。在实践中,各国通常采用采纳或转化方式使国际法在国内法院中得以适用。非洲国家在实践中主要遵循了英国和法国的做法。南部非洲的一些国家不但在宪法中规定了国际法在国内法中的地位,而且还规定国内法院在对宪法或其他法律进行解释时,要利用或考虑到国际法。而其他许多非洲国家不愿将国际法直接纳入到它们的宪法中。不过,即使宪法中没有规定国际法地位的非洲国家,它们的法院在审理案件时也常会参照有关国际法的规定。     

Agency Accountability Strategies After Liberalization: Universal Service in the United Kingdom, France, and Sweden

Liberalization of key network industries is often said to reduce accountability by undermining its traditional mechanisms. Liberalization, others say, promotes accountability by creating new channels and mechanisms. This article suggests that neither view is sufficiently nuanced. Accountability comes in many forms, and the question is less "how much" accountability there is, but what form it takes. And accountability will take different forms in relation to different issues, even within the same organization. Examining accountability in relation to the provision of universal service in electricity and telecommunications, this article demonstrates that in the regimes studied, agencies were generally accountable for providing universal service by deferring, to the maximum possible extent, to political actors or stakeholders. However, when faced with an expert technical question—in this case, determining the costs of the universal service—agencies stressed their professional judgment and transparency. This observation supports a wider hypothesis concerning the conditions under which a variety of agency accountability strategies may be adopted.     

The most important things learned about violence and trauma in the past 20 years

In the past 2 decades, important insights have been gained regarding violence and trauma. Complications occur in how violence and trauma, their causes, and their effects on victims should be defined. Violence and abuse to women--physical, sexual, and emotional--are not rare events and are most often perpetrated by partners or acquaintances rather than strangers and occur in nonmarital as well as marital relationships, including same-sex relationships. A promising methodological innovation in the study of violence and trauma is the use of longitudinal designs. Innovations in treatments for victims such as evidence-based interventions have been slow to emerge; they include eye movement desensitization and reprocessing (EMDR) and the Seeking Safety group intervention for drug-abusing women with trauma histories. Future research should address increased understanding of variation in individual responses to violence and trauma, matching of treatment to different types of male offenders, better understanding of how culture affects violence perpetration and victimization, and evaluation of domestic violence interventions.     

The transfer and persistence of petrol on car carpets

The significance of the presence of petrol in motor vehicle fires has often been challenged due to the possibility of a natural occurrence of petrol residues inside the vehicle. Transfer and persistence studies were undertaken to investigate the potential transfer and persistence of petrol onto vehicle carpets through the 'normal' usage of motor vehicles. The results of the transfer study indicate that petrol may be transferred from the external environment in sufficient quantities via the shoes of drivers or passengers to be detected after a 24 h period, but not after 1 week. Low levels of petrol were detectable after 24 h on all carpet mats where the initial volume was 500 microL or more. The level of evaporation of the petrol detected increased with corresponding increases in the time period between transfer and analysis. The results of the persistence study indicate that small volumes of petrol (less than 100 microL) are unlikely to be detected on carpet after a 24 h period, and volumes of less than 1000 microL are unlikely to be detected on acoustic padding after this time period. Larger volumes may be detected after this period, but will generally not be detectable on either carpet or acoustic padding after 4 weeks. In each case, the petrol that is detected exhibits a chromatographic profile of greater than 60% evaporated petrol. These results demonstrate the significance of finding a large volume of fresh or slightly evaporated petrol on car carpet.     

Massive parallel sequencing and osteogenesis imperfecta: An essential tool for forensic investigation over child abuse

Osteogenesis imperfecta (OI) is a rare disease of collagen synthesis causing bone fragility. Also called “glass bone disease” since it manifests as spontaneous fractures, it is classified into nine types, both with dominant and recessive transmission. In 95% of cases OI is caused by mutations in COL1A1 and COL1A2 genes encoding the alpha1 and alpha2 chains of type 1 collagen, mainly null variants caused by frame-shift/nonsense mutations or splicing defects. In infants the differential diagnosis include not-accidental trauma, so child abuse. Families suspected of abuse often provide an unverified history of frequent fractures; conversely, the family history of individuals with OI often does not reveal any other affected individuals because of a de novo pathogenic variant in the proband or the presence of a mild phenotype in relatives. Therefore, legal medicine unit with DNA lab is crucial in these cases since it could early collect living or autopsy samples when a child abuse is suspected and then test DNA. We set up a MPS (massively parallel sequencing) panel including the coding regions of COL1A1 and COL1A2 and other 11 genes known to cause OI. We presented a case of suspected abuses in 2-month-old baby. MPS libraries were sequenced by Ion Torrent PGM platform; pathogenic variants and VUS (variants of uncertain significance) were confirmed by Sanger sequencing and familial segregation study was performed to better characterize the clinical significance of the mutation. This study remarks that MPS could help not only for identification, ancestry/phenotyping or molecular autopsy applications but also for forensic investigation over child abuse. The usefulness of this assay for diagnostic projects on victims of abuse together with post-mortem cases is discussed.     

The reform of academic tenure in the United Kingdom

In this paper, we examine the reform of academic tenure in the United Kingdom (UK) after the 1988 Education Reform Act.¹ We test the hypothesis that softening tenure encourages incumbent academics to consolidate their hold on academic life [ Carmichael (1988)]. We also assess the economic significance of the English and American case law on tenure, because an understanding of the legal aspects of tenure is required to identify the possible effects of tenure reform. The years after passage of the Act provide an interesting natural experiment, as the broad effect of the legislation was to soften, though not to remove, tenure in British universities. ² We can find support for the Carmichael hypothesis prereform but do not believe that the Act caused incumbent academics to consolidate their hold on senior posts after the reform.Tenure implies that the holder of a post cannot be removed from it except for good cause, usually based on gross moral turpitude or gross incompetence. Such removal is historically characterized by a costly procedure governed by organizational statutes, as shown in Hines v. Birkbeck College.³ In the United Kingdom, academic tenure has been associated with open-ended contracts of employment and often had a particularly hard form before 1988. In the United States, where it has often been possible to dismiss academics for financial reasons by abolishing whole departments, tenure has taken a softer form (although often harder to obtain) and can still be held to exist even when an employment contract is of a fixed term as long as it is renewable. ⁴ The details of universities’ tenure statutes have always varied between institutions, in both the United Kingdom and United States, which is often overlooked.

Abstract

“Before 1988, could your university make academics redundant by giving notice and paying statutory redundancy pay, or was it extremely hard to sack academics—having to buy them out or use arguments based on gross moral turpitude or incompetence?”     

A Systematic Observational Study of a Juvenile Drug Court Judge

The shift of the juvenile justice system from its initial rehabilitative ideal toward a more punitive orientation highlights the need to systematically document key elements of the juvenile drug court model. In particular, it is important to clearly document the role of the juvenile court judge because he or she is considered vital to this program model. The current study used participant observation as well as confidential questionnaires on which youth shared their perceptions of the judge. Findings show the judge‐participant interactions typically were brief, varied by the participants' level of compliance with the program, and that sanctions were given twice as often as rewards. Youth perceived the judge to be fair, respectful, and concerned about their lives. Discussion focuses on the significant opportunity that juvenile drug court judges have for positively influencing the lives of drug‐involved youth.