The modern conception of the ``Rule of Law'' entails government bylaw not men, and takes law to consist in rules known in advance. Thislatter characteristic assumes that, for the most part, the meaningof such rules is unproblematic (Hart's ``core of settled meaning''), this usually being understood as a function of ``literal meaning''.A quite different model exists in the Bible: the early rules display``oral residue'', and their meaning, I argue, is constructed in``narrative'' rather than ``semantic'' terms: instead of asking:``what situations do the words of this rule cover?'', we shouldinquire: ``what typical situations do the words of this rule evoke?''.Moreover, courtroom adjudication was not the norm, and its originalform was not based upon the application of written rules but ratherupon judicial discretion taken to have been divinely inspired. Isuggest that modern jurisprudence still retains traces of such earlierconceptions, in its account of modern law: despite their differences, both Hart and Fuller make use of narrative constructions of meaning,and Kelsen ultimately prefers the authority of the judge to the correctness of the rule he purports to apply.
Because of the importance of technology to the operations of modern terrorist groups, the factors that affect the technological sophistication of extreme organizations are of great interest. In this article, the process through which terrorist groups seek out and deploy new technology is examined by bringing to bear the deep literature that exists on technology adoption by commercial organizations. A framework is described that delineates not only the factors that influence a group's decision-making processes surrounding new technology but also the obstacles that stand in the way of the successful absorption and use of unfamiliar technologies by a terrorist organization. This framework, by taking a holistic view of the entire technology adoption process, sets out a methodology to both more reasonably predict the outcome of a group's technology-seeking efforts and to speculate about its future innovation efforts. Such a technology focused viewpoint provides a route to more fully inform risk assessment, especially with regard to the low probabilityhigh consequence technologies that have served as the focus of much recent counterterrorist deliberation. The lessons provided by the framework with respect to weapons of mass destruction terrorism and to novel counterterrorist routes are discussed. 相似文献
Many communities are developing civic computer networks to provide citizens with free access to local information resources and the Internet. However, most networks restrict both commercial speech and any language deemed “objectionable.”; Whether such broad discretionary power violates the First Amendment depends on whether the networks are state actors. An examination of one such network, Alachua Free‐Net, reveals a close symbiotic relationship between the network and several local government entities. Symbiotic relationships between the state and a private party in other contexts have been held by the courts to constitute state action. Thus, Alachua Free‐Net appears to be a state actor and must conform its speech restrictions to the requirements of the First Amendment. Moreover, whether state actors or not, civic computer networks such as Alachua Free‐Net should commit themselves to providing full First Amendment freedoms to their users. 相似文献
In terrorist operations, weapons technologies are the tools groups use to pursue their violent ends. Because of differences in what they can do, different weapons are useful for different types of operations. Using a random sample of terrorist incidents from the RAND-MIPT Terrorism Incident Database, this article explores (1) how terrorists in general used particular weapons technologies and (2) the variation in the technology choices of individual terrorist groups. The results demonstrate significant differences in the ways different weapons are used, in the versatility of individual technologies, and among the technology strategies of different terrorist organizations. 相似文献
AbstractTim Parks has included Haruki Murakami among the group of authors writing ‘dull global novels’, a perception that is in part the result of an exclusive focus on English-language translations of Murakami. By turning attention to translations in other languages, this essay reveals a more nuanced and complex picture, showing that depending on where and by whom he is translated, Murakami in fact emerges differently than in English, and arguing that his writing is perhaps not so ‘dull’, after all. After briefly describing the history of Murakami translations in North America, the essay examines the history of translations in East Asia, using the example of greater China, where the two main translators, Lai Ming Chu (Taiwan) and Lin Shaohua (China), produce strikingly different versions of his writing. The essay then goes on to trace the main patterns of Murakami translation in Europe and into some Middle Eastern languages and Persian. In Europe there is a gradual shift away from indirect translations through English toward direct translations from the Japanese, and a greater degree of collaboration among translators. The essay analyzes the effects of these changes, offering a few examples from Murakami’s latest novels. 相似文献
This study aims to shed new light on the petroglyphs found at the site of Aspeberget 12 at the World Heritage site of Tanum, Sweden, from a semiotic perspective. We demonstrate the semiotics of power inherent in the arrangement of the petroglyphs. We start by describing the site in an archaeological way, in order to give an overview of the empirical material used in this case study. Against the backdrop of the overview, we introduce our analytical tools with reference to cartosemiotics, cultural semiotics and, Charles Sanders Peirce’s theory of signs. We suggest, in a tentative conclusion, that Aspeberget 12, as a type of “map”, displays a clear “Ego-culture” and a possible journey. We also suggest that the visual narratives at Aspeberget 12 represent the authority of the Ego-culture and its development. Details of the figurative images such as ships, axes and spears might have been displayed as markers of the high technological standard of the Ego-culture, and thus of power. 相似文献