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171.
Máté Szabó 《Journal für Rechtspolitik》2010,18(1):12-20
The commissioners of human rights in the Parliament aim at ensuring the protection and formation as well as the development of the culture of human rights with their activities in Hungary and all over the world. What else could be done by the citizens practising their disobedience during the non-violent revolutions in 1989 after Mahatma Gandhi, Martin Luther King and the American Henry David Thoreau? At a first glance, it perhaps seems to be strange to put the following question: what is the connecting link between the role of political law of a public state and the citizens breaking the rules in order to protect the constitutional rights? What will be the result of this comparison? I think, the result is that we can recognize the role of both functions more thoroughly in operating the constitutional state suitably in order to protect the culture of constitutional rights (reactive role) and to develop them (proactive role). 相似文献
172.
András Sajó 《Acta Juridica Hungarica》2001,42(3-4):149-157
The principles of constitutional law as those of many other disciplines seem to develop and to be replaced by new paradigms in the light of globalization. The present article using the genre of constitutional futurology attempts to determine whether this change is real or an illusory impression, and to predict the future of constitutional law and of scholarship reflecting on constitutional issues. A mighty forecast emerges from the interplay of opposing forces. While the withering away of the constitutionalist paradigm is unlikely partly because of the lack of a new generation of legal scholars following new patterns of thinking, partly because there is no reason to assume that the prevalent socioeconomic order would cease to exist , the essay maps a number of possible challenges like genetic engineering or personal computers interconnected in the World Wide Web , which constitutionalists shall expect to face in theory and in practice alike. 相似文献
173.
Pablo Salvador-Coderch Nuno Garoupa Carlos Gómez-Ligüerre 《European Journal of Law and Economics》2009,28(3):257-287
The duty-of-care requirement cannot be used anymore as the touchstone to differentiate negligence from strict liability because
it can be found in many forms of the latter. Duty of care is smuggled into strict liability hidden under the scope of liability
requirement (traditionally called “proximate causation”). As far as the scope of liability requirement is common to negligence
and to many forms of strict liability, there is a fairly large common ground to both liability rules, and consequently the
marginal Hand formula is applied to both rules. Indeed, under a negligence rule, the marginal Hand formula is applied twice:
first to assess whether or not the defendant did breach his or her duty of care, and, second, to delimit whether or not the
defendant’s behavior was a proximate cause of the harm suffered by the victim. However, under a strict liability rule, the
Hand formula is applied only once when the proximate causation question is raised. Traditional law and economics analysis
has almost always taken the normative question raised by the causation requirement as given, which is a potential major problem
due to the importance of scope of liability or proximate causation in legal practice. Defining the scope of liability, that
is to say, the boundaries of the pool of potential defendants, is the basic legal policy decision for each and every liability
rule. In the normative model presented in this paper, the government first chooses efficient scope of liability, and given
the scope of liability, the government then decides the liability rule and damages that guarantee efficient precaution. In
the article, most known scope of liability rationales developed by both common law and civil law systems are discussed in
order to show the substantial common ground between negligence and strict liability. 相似文献
174.
Household‐level interview data from a probability sample survey conducted in the northeastern Ecuadorian Amazon in 1990 are used to examine the determinants of income and assets among migrant farmers in the agricultural frontier. Multivariate analysis indicates that size of plot owned, proximity to markets, duration of residence, quality of soil, receipt of technical assistance, off‐farm employment and initial wealth positively influence current household income and wealth. More land in cattle pasture is also associated with higher status. Some settlers are prospering relative to others despite variable soil quality, unsustainable land uses, geographic isolation, apparent scarcity of labor, and lack of supportive infrastructure. The article closes with a discussion of implications for policies to assist small farmers, with some consideration of the potential ecological consequences of farmers’ activities. 相似文献
175.
176.
Frigi S Pereira F Pereira L Yacoubi B Gusmão L Alves C Khodjet el Khil H Cherni L Amorim A El Gaaied A 《Forensic science international》2006,160(1):80-83
The 17 Y-chromosomal short tandem repeats (STRs) included in the AmpFLSTR Yfiler PCR Amplification Kit (AB Applied Biosystems) (DYS19, DYS389I, DYS389II, DYS390, DYS391, DYS392, DYS393, DYS385, DYS437, DYS438, DYS439, DYS448, DYS456, DYS458, DYS635 and GATA H4) were typed in two Berber communities, a small village (Takrouna) and a town (Sejenane), from North Tunisia. As expected, diversity was higher in the town, even when compared with a pool of three small Berber communities, probably due to the combination of different founder effects and genetic drifts operating in the small villages. 相似文献
177.
Miguel Ruiz-Canela López 《Revista de derecho y genoma humano》2006,(25):199-204
The European Congress on biopolitics entitled "Connecting civil society implementing basic values" was held in March 2006 in Berlin. It was organised by the Heinrich B?ll foundation and the Institut Mensch, Ethik und Wissenschaft. The aim of the Congress was to provide a forum for discussion on the ethical and social aspects derived from biotechnology and genetics on human beings. This work summarises some of the aspects that reveal the international interest and relevance of this meeting. 相似文献
178.
Fernández-Rodríguez A Ballesteros S de Ory F Echevarría JE Alvarez-Lafuente R Vallejo G Gómez J 《Forensic science international》2006,161(1):8-14
Infections are considered to be an important cause of unexpected death in children. It has also been assumed that respiratory viruses are involved in the genesis of sudden infant death syndrome (SIDS). The Spanish National Institute of Toxicology and Forensic Sciences act as the forensic reference centre for Spain. We analyse the experience of this centre in the virological study of 64 cases of sudden children death where viral serology, virological cultures, herpesviruses polymerase chain reaction (PCR) and electron microscopy were performed. According to pathological findings, death could only be attributed to an adenovirus infection in one amygdalitis with upper airways stenosis and asphyxia. Human herpes virus 6 (HHV-6) was detected by PCR in one case with pathological findings characteristic of SIDS. Recent infection by respiratory syncytial virus (RSV), Epstein-Barr virus (EBV) and cytomegalovirus (CMV) were also detected. Meanwhile, 85.9% of the cases yielded negative viral results. Twenty-eight infants were finally categorised as SIDS. Pathological findings of infection were detected in 12 patients despite the negativity of viral analyses. Although viral infection is an uncommon cause of sudden children death, a complete microbiological investigation will help to solve the puzzle of SIDS. Definitive guidelines for microbiological analyses need to be updated whilst new pathogens are discovered or new techniques are implemented in order to clarify unsolved cases. 相似文献
179.
Tenaglia M Scollo A Tripaldi R Grappiolo I Perichón AM 《Forensic science international》2004,141(2-3):185-187
Allele frequencies for nine short tandem repeats (STRs) loci (CSF1PO, TPOX, THO1, F13AO1, FES/FPS, vWA, D16S539, D7S820 and D13S317) and two variable number tandem repeats (VNTRs) were obtained from a sample of 270 unrelated individuals born in the Rosario city, Santa Fe province of Argentina. 相似文献
180.