Face to Face (II): Semiotics of Interactivity

Faces challenge the sender-receiver model as the major scheme of thought for appropriately understanding interaction between human individuals. The openness and indeterminacy of faces lead to establish a semiotically relevant distinction between interaction and interactivity. The latter is our proposed articulation of the dynamic energy that thrives through the existence of signs and the uses of a semiotics. Facial expressions sustain and express the vital dynamism of making meaning in life. This often occurs at a bewildering distance to legal life and discourses established by legal terminologies.     

Face to Face with Child Abuse: Towards an Ethics of Listening

This paper is concerned with faces. It is concerned with the face of a sexually abused seven years old child -- with my face -- and with the marginalisation and violation of children’s own subjective experiences of abuse by the law. Drawing upon my own subjective experience of sexual abuse as a young child, silenced for twenty-five years, I interpret my own sexual abuse as a profound experience of ‘homelessness’. To be homeless is to lack a primal place in the world, to be in a permanent state of disorientation, to be displaced. To be homeless is not necessarily to be emotionally insecure, but to be voiceless. Accordingly, the subject of sexual abuse is an emotionally dislocated subject and I interpret my own abuse in terms of an enduring experience of the violation of place. In other words, I would argue that the physical act of sexual abuse is less important than the site or place of abuse. The significance of sexual abuse is that it reveals the homelessness of our own sojourn and the poverty of our own subjectivity. Given this interpretation, I find the 1989 UN Convention on the Rights of the Child problematic and I attempt to think child sexual abuse in ethical terms. Following Emmanuel Levinas, I present sexual abuse in terms of the ethical significance of the face-to-face relationship and I argue that rights-based advocacy must listen to what children say. It must think through what listening to that voice entails in ethical terms. This revised version was published online in July 2006 with corrections to the Cover Date.     

Face and neck injuries due to resuscitation versus throttling

Face and neck injuries of 21 patients who died of other causes than mechanic asphyxia and who were resuscitated in connection to dying were analyzed during a 3-year period, 1980-1982. The injuries were predominantly of the type nail impression marks (85%) and showed a regular symmetric distribution tending to form circles around the nostrils and mouth. Injuries inflicted upon mouth-to-mouth ventilation were localized to the nose and at jaw-thrust to the mandibular margins and were easy to differ from those due to throttling. Injuries inflicted on the cheeks upon removal of vomit from the mouth were similar to those seen after violent oral occlusion and those occurring at carotid pulse palpation as indicated by throttling. No fractures of the laryngeal skeleton and no conjunctival haemorrhages were seen.     

Expulsion to Face Torture? Non-refoulement in International Law

Non-refoulement is a principle of international law that precludesstates from returning a person to a place where he or she mightbe tortured or face persecution. The principle, codified inArticle 33 of the 1951 Refugee Convention, is subject to a numberof exceptions. This article examines the status of non-refoulementin international law in respect to three key areas: refugeelaw, human rights law and international customary law. The findingssuggest that while a prohibition on refoulement is part of internationalhuman rights law and international customary law, the evidencethat non-refoulement has acquired the status of a jus cogensnorm is less than convincing.     

如何面对中国传统法律文化遗产

改革开放近三十年来,中国社会发生了巨大的变革,社会主义法律文化也取得了令人瞩目的成就.社会的快速发展似乎拉远了我们与传统文化的距离,一种文化的陌生感正悄悄升起.     

The Effect of Exposure to Multiple Lineups on Face Identification Accuracy

This study examines the conditions under which an intervening lineup affects identification accuracy on a subsequent lineup. One hundred and sixty adults observed a photograph of one target individual for 60 s. One week later, they viewed an intervening target-absent lineup and were asked to identify the target individual. Two days later, participants were shown one of three 6-person lineups that included a different photograph of the target face (present or absent), a foil face from the intervening lineup present or absent), plus additional foil faces. The hit rate was higher when the foil face from the intervening lineup was absent from the test lineup and the false alarm rate was greater when the target face was absent from the test lineup. The results suggest that simply being exposed to an innocent suspect in an intervening lineup, whether that innocent suspect is identified by the witness or not, increases the probability of misidentifying the innocent suspect and decreases the probability of correctly identifying the true perpetrator in a subsequent test lineup. The implications of these findings both for police lineup procedures and for the interpretation of lineup results in the courtroom are discussed.     

Face Off: The Ironic,The Irenic and the Face Between

The formation of a school, whether feminist, critical, Marxist or other involves the establishment of a doctrine – literally a teaching – and a group of students or followers – the disciples who form the discipline. No doctrine without disciples has been the history of the schools and the formative principle of academic movements. They exist in the end to convert their students, old to young, male to female, female to male, or female to female, or any other possible combination of orientations. And conversion implies orthodoxy, institutionalization and hierarchy or at least a relation to hieros and hierarchy. This paper examines these themes in terms of the specific example of feminist legal studies and a curious recent discursive event, a polemical exchange on the identity of the movement, the face of feminist legal studies, as viewed through a eulogy and a challenge to that praise. Thanks to Richard Collier, Margaret Davies, Margaret Halliwell, Elena Loizidou, Desmond Manderson, Ngaire Naffine for correspondence, for relevant discussions, and candid responses. Especial thanks to Thanos Zartaloudis for a peculiarly detailed and hospitable reading, offered at a time when it would have been much easier, both just and more appropriate for him to say very little, almost nothing. And emotive thanks as well to Linda Mills for her customary frankness and finely honed attention.     

Facial Approximation—From Facial Reconstruction Synonym to Face Prediction Paradigm

Facial approximation was first proposed as a synonym for facial reconstruction in 1987 due to dissatisfaction with the connotations the latter label held. Since its debut, facial approximation's identity has morphed as anomalies in face prediction have accumulated. Now underpinned by differences in what problems are thought to count as legitimate, facial approximation can no longer be considered a synonym for, or subclass of, facial reconstruction. Instead, two competing paradigms of face prediction have emerged, namely: facial approximation and facial reconstruction. This paper shines a Kuhnian lens across the discipline of face prediction to comprehensively review these developments and outlines the distinguishing features between the two paradigms.     

步步为营——应对337调查八步走

第一步:确定在此项337调童中被指控或者有可能被指控的产品. 只有确定了在此项337调查中所涉及的产品,你才可以准确评估你的财务风险到底有多大.所涉产品的价值将决定你是必须应诉、调解,还是干脆停止在美国市场的销售.当然,你不能仅仅考虑已经被明确列出的产品,有些产品虽然未被列明,但与涉案专利也存在丝丝缕缕的关系,那么这些产品最终也很有可能被包括进337调查.对每一件产品,都要确定其进入美国的途径.或许你本身就是将此产品从境外进口到美国的进口商;或许另外一家独立的贸易公司才是进口商;或许你的产品是被组装到你的客户的下游产品中,然后这些下游产品被进口到美国.     

知情权法律救济在我国遭遇的尴尬

<政府信息公开条例>的实施,在一定程度上保障了公民的知情权.然而<条例>在规定知情权法律救济途径时,由于并未充分考虑其独特的性质,故知情权如遭受侵害,在行政复议、行政诉讼、国家赔偿等传统的救济手段中面临诸多困惑与尴尬.因此,在宪法中明确赋予公民知情权以基本权利的地位;待时机成熟提升条例的法律位阶,变条例为法律;调整行政复议、行政诉讼的审查方式,增加屏蔽审理程序;提高公民权利观念,加强政府法治理念,畅通救济途径,才能更加有效地保障公民的知情权.     

从“管控论”到“治理论”:司法改革的一个面向

在改革开放三十多年来经济情势变迁背景下,我国法院系统已面临愈来愈多的挑战,因此必须向治理模式下的司法功能转变.司法仅是多元纠纷解决方式中的一种;法院是法官居中裁判的场所;司法应公开、法官应独立,并以此来衡量新一轮司法改革蓝图.自由贸易试验区建设是司法试验的一条现实途径,而通过司法试验,及时总结可复制可推广的司法经验,将成就司法改革的顺利进行.     

The Changing Face of the Yakuza

Over the last half century, Japan has undergone considerable political, economic and social change. In response to these changes, Japan's criminal organisations, collectively known as yakuza, have themselves rapidly adapted. This chapter explores these developments. The two main factors driving the yakuza's historical development are first, changing market opportunities and secondly, vagaries in the legal and law-enforcement environment in which these groups operate. During the last decade these two factors have had a serious impact on the yakuza fortunes; the 1992 bōryokudan (yakuza) countermeasures law and Japan's protracted economic woes following the collapse of the bubble economy in 1990 have made their lives considerably harder. Since then, legal and social developments have further undermined these groups. While the yakuza have attempted to reduce the impact of these developments by adopting a lower profile and strengthening the mechanisms by which inter-syndicate disputes are resolved peacefully, there is inevitably a tension here with their members' needs to make money. The continued existence of illegal markets, and the lack of political will to seriously tackle these groups, makes the survival of these groups a certainty. However, the space within which they can operate has diminished and is diminishing.     

融贯性论证的整体性面向

法律论证的正确性宣称,一方面要求一个正确的司法决定应当能够根据有效法逻辑地推导出来,另一方面要求所适用的法律规范本身是合理或公平的。前者需满足逻辑一致性的要求,表现为演绎式的线性证立方式;后者需满足融贯性的要求,表现为各个理由之间的相互支持关系,是一种整体性的证立方式。坚持融贯性标准的法律论证,在本质上是一种整体性的证立方式。     

Corporate Crime in Albania: Building the Path to Face a New Form of Criminality

The vital role of the private entities activity was an undeniable reality for the Albanian post-totalitarian society. The economic regime based on the freedom of economic initiative led to the creation and operation of an increasing number of private companies performing their activities in various areas of life. With the passing of time, the positive impact of these activities performed by privately owned entities was associated with some illegal conduct that contained elements of criminal offences. Breach of environmental and work safety regulations, smuggling, corruption in the private sector, as well as laundering of criminal proceeds were among the main violations which began to take place in the framework of privately owned businesses. First, this paper aims to present some of the main speculations and trends of corporate crime in Albania and the possible institutional and practical aspects contributing to illegal corporate behaviour. Further, the study is focused on the legislative actions taken to respond to the challenges of a new form of crime carried out in complex collective organisations. The conclusion of this paper addresses some policy matters. On a first glance, a special emphasis covers the essential role of the companies in promoting internal incentives which encourage lawful conduct, and on the other side is noted that the authority of the law and proper law enforcment in the respective area, remain determinant factors for encouraging and ensuring compliance to law provisions.     

面部整容对刑事相貌辨认影响之浅论

人的相貌是进行个人识别的一个重要方面，面部整容术可对人的面貌特征如眼睛、脸型、鼻、口唇、额角形状、眉等做出若干改变，直接给刑事相貌辨认工作带来不利影响；在刑事相貌辨认工作中必须采取相应对策，需要对整容后所产生的部分问题进行细致的研究。     

Combination of Face Regions in Forensic Scenarios

This article presents an experimental analysis of the combination of different regions of the human face on various forensic scenarios to generate scientific knowledge useful for the forensic experts. Three scenarios of interest at different distances are considered comparing mugshot and CCTV face images using MORPH and SC face databases. One of the main findings is that inner facial regions combine better in mugshot and close CCTV scenarios and outer facial regions combine better in far CCTV scenarios. This means, that depending of the acquisition distance, the discriminative power of the facial regions change, having in some cases better performance than the full face. This effect can be exploited by considering the fusion of facial regions which results in a very significant improvement of the discriminative performance compared to just using the full face.     

Russian Liberalism in the Face of Crisis

The development of liberalism in Russia occurred under substantially different conditions from those in the West. The history of liberalism in the West is already a century old; not only has it acquired there a sufficiently mature theoretical form, but it has even been translated into reality as civil society and the law-governed state. Liberalism cannot be reduced to any specific moral and political movement, but it can be understood as a special type of civilization, in contrast to traditional civilization. In Russia, however, liberalism evolved always under the influence of the highest achievements of Western liberal ideas; it remained an opposition movement, opposing the dominant values of society and supporting the country's transformation into a liberal civilization.