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1.
Massimo La Torre 《Ratio juris》1997,10(3):316-350
The article's main objective is to test the merits of the evolutionary paradigm as it has been applied first to social phenomena and then more specifically to the legal domain. In a preliminary move, a set of the available concepts of law is worked out. A discussion of the idea of evolution and of its use in the social sciences follows. Functionalism and systems theory are scrutinized, with a close eye to the new doctrine of “autopoiesis.” Once an institutional and normative concept of law is agreed upon, attempts to introduce an “evolutionary” paradigm are deemed—the article contends—to be unfruitful. The article concludes that, if law needs a metaphysics, it should be one which allows for change, transformation and the emergence of the radically new. A social universe without gaps, all possible forms of which are determined from the beginning, will end up as the opposite of what we are used to considering as the practice of law. 相似文献
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123 out of 850 suicides that occurred in the Canton of Geneva between 1980 and 1989 were suicides by submersion. 75 women and 48 men committed this kind of suicide. 89 victims (57 women and 32 men) were older than 40 years. In all cases the spatial distance between the residence of the suicides and the nearest river or lake was determined; a correlation with the tendency to commit suicide by drowning was not evident. More than geographical factors, the psychological influences have to be considered. 相似文献
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The ‘pinkification’ of breast cancer culture in recent years conflates women’s empowerment with the celebration of hyperfemininity. Consistent with this trend, reconstructive surgery post-mastectomy is increasingly normalised: restoring the breasts is to restore ‘lost’ femininity. Contextualised within the pressures of this normalisation, our article explores how women who decide against breast reconstruction negotiate their non-normative ‘flat’ bodies. We examine women’s posts in a breast cancer forum about their refusals of breast reconstruction. Using thematic and feminist post-structuralist analyses, we suggest that although health and body acceptance discourses enable resistance to embodied femininity norms, pressures to conform permeate practices related to appearance. Clothes and prosthetic breasts enabled forum participants to pass as ‘healthy’, ‘whole’, and ‘recovered’. The study’s findings emphasise the limitations to agency and resistance that emanate from the ways constraining gender discourses infiltrate every aspect of a woman’s life. In line with a critical awareness approach to breast cancer education, we discuss the possibilities of resistance afforded by the safe spaces of online communities. 相似文献
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'Voluntarily acceding to slavery', Joel Feinberg has written, 'is too much for Mill to stomach', and so Mill espouses strong paternalism and contradicts his famous principle of individual sovereignty. Mill's critics have found incoherence where none exists, largely because they have failed to take seriously his own claim that the non- enforcement of slavery contracts is required by the principle of liberty. The refusal to enforce such contracts arises not from Mill's espousal of paternalism, but from the paradox of sovereignty. Reconstruction of Mill's solution to this paradox not only dispels the charge that he abandoned the sovereignty of the individual, but also contributes to the reinterpretation of his defence of freedom, as a result of which his entire doctrine of antipaternalism emerges as a coherent and defensible position. 相似文献
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西部大开发战略已正式开始实施 ,但“西部开发”并非中国之“专利” ,很多国家都有“西部开发”史。所以 ,借鉴国外成功之经验 ,吸取国外失败之教训 ,将会使我国的“西部开发”顺利进行 ,少走弯路。通过比较中外“西部开发”之措施 ,作者发现 ,私权在“西部开发”中具有十分重要的作用。 相似文献
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Suicides due to fall from height in Geneva from 1991 to 2000 were reviewed. Scene investigations, autopsy findings, psychiatric histories, and toxicology results were examined. There were 197 of these suicides, an incidence of five cases per 100,000 inhabitants per year or one fourth of all suicides in Geneva per year. Autopsies were performed on 33%, the rest had external examinations. Of the victims, 56% were female and 44% were male. The age distribution peaked at 20-29 years in men and 60-69 years in women. Most of the victims jumped from their home, the range of 2 to 7 stories being the most frequent height. Major injury sites, in decreasing frequency, were the thorax, abdomen, skull, vertebrae, pelvis and limbs. Psychiatric illness was reported in 38% of the cases. Toxicological analysis was performed in 25% of the cases and showed that the main drugs present were benzodiazepines, cannabis and antidepressant. 相似文献
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Trafficked women are used and consumed in different ways and by different users in Australia. They are used by the traffickers
and by the consumer of the destination country. They are used as prosecutorial tools by the national criminal justice agents.
They are used by the national politicians to pursue border control policy objectives and to be seen as abiding by international
protocols. In all these uses, the identity of the trafficked woman is formed and shaped to fit the users’ need. However, these
women’s otherness and abjection is constantly maintained and reinforced. They are used as a commodity. Meanwhile, the discussion
on the demand side, and the consequent responsibility of the destination country, is virtually omitted. This paper will raise
the question of how the socio-legal analysis and discourse would evolve if a literal interpretation of trafficking women as
a commodity was taken into account, exploring an international trade approach. The social construction of trafficked women
as a commodity has been identified and criticised by academic scholars, NGOs’ and UN’s rapporteurs. By pursuing this line
of approach, the destination country is forced to take more responsibility for how the woman is demanded within its territory.
As a consequence of this international trade approach, the State should deliver equality and non-discrimination. Rather than
being a cynical application of a trade framework to trafficked women, this approach aims to highlight the paradox of such
a situation in legal terms. It is highlighted that approaching trafficked women from this legal and jurisprudential way may
offer more possibilities to expand their claims against the State. Currently, in Australia, when a trafficked woman is located
by the State, she would attract limited and temporal rights, her being the ‘other’ as well as an abject entity remains, notwithstanding
the fact the she was imported because there is a demand within the territory. 相似文献