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51.
Thomas Søbirk Petersen 《Criminal Law and Philosophy》2010,4(2):215-232
The aim of this paper is to critically discuss the plausibility of legal moralism with an emphasis on some central and recent
versions. First, this paper puts forward and defends the thesis that recently developed varieties of legal moralism promoted
by Robert P. George, John Kekes and Michael Moore are more plausible than Lord Devlin’s traditional account. The main argument
for this thesis is that in its more modern versions legal moralism is immune to some of the forceful challenges made to Devlin
by Hart, Dworkin and Feinberg among others. Second, however, the paper challenges the new generation of legal moralists and
suggests some areas for further development. Although Devlin’s position has been scrutinized thoroughly in the literature
on the philosophy of law, there has, to my knowledge, been no comparable, systematic critique of these different proponents
of legal moralism. 相似文献
52.
Laidler KJ Petersen C Emerton R 《International journal of offender therapy and comparative criminology》2007,51(1):68-83
Since Hong Kong's return to the People's Republic of China (PRC) there has been a significant rise in the number of Chinese visitors to Hong Kong, including women crossing the border to engage in sex work. Sex work itself is not a crime in Hong Kong, but related activities, like soliciting, are prohibited. Sex work is treated as work for immigration purposes, and visitors who engage in work without an employment visa are breaching their conditions of stay. More than 10,000 mainland Chinese women have been arrested, prosecuted, and sentenced in recent years, causing the correctional population to expand beyond capacity. The authors examine the experiences of 58 incarcerated women in their encounters with the Hong Kong criminal justice system and find that women are processed in a highly routinized bureaucratic manner. They consider the purpose served by the largely bureaucratic form of justice that has emerged in response to migrant sex workers in Hong Kong. 相似文献
53.
The aviation sector is not yet covered by the European Union's Emissions Trading Scheme (EU ETS). Taking into account the fact that aviation increasingly contributes to climate change, the European Commission adopted a proposal for legislation to include aviation in the EU ETS. The proposal foresees the inclusion of internal EU flights as well as external flights to and from the Union within the EU ETS. On 20 December 2007, EU Environment Ministers reached political agreement in the Environment Council on the basis of a new compromise text tabled by the Presidency. However, the International Civil Aviation Organization (ICAO), as well as various stakeholders, does not consider that the EU has the competence to include aviation within the EU ETS. A crucial point concerning the legality of including aviation in the EU ETS is the fact that Article 2(2) of the Kyoto Protocol states that the parties 'shall pursue limitation or reduction of emissions of greenhouse gases not controlled by the Montreal Protocol from aviation . . . working through the International Civil Aviation Organization . . .'. This article reviews the legality of the EU's stand-alone approach, focusing on the European and international legal framework and taking into account the express role given to the ICAO by the Kyoto Protocol. 相似文献
54.
Marie Louise Petersen 《Victims & Offenders》2007,2(1):21-43
The topic of animal cruelty has been largely neglected by criminological researchers. However, studies suggest that children who are cruel to animals disproportionally tend to be violent to people later in life. Case histories of serial killers and mass murderers suggest that many were cruel to animals in their childhood. Furthermore, it is argued that cruelty to animals in a family tends to be associated with domestic violence, child abuse, and elder abuse. Unfortunately, much of the previous research was based on small, unrepresentative samples, with poor or no control samples and retrospective information. Prospective longitudinal surveys of large representative samples are needed. Family based prevention programs might be effective in reducing cruelty to animals, but experimental evaluations of such programs are required. The time is ripe for a major research program to advance knowledge about the causes and prevention of animal cruelty and its implications for criminology. 相似文献
55.
Presumptive tests for blood play a critical role in the examination of physical evidence and in the determination of subsequent analysis. The catalytic power of hemoglobin allows colorimetric reactions employing phenolphthalein (Kastle‐Meyer test) to indicate “whether” blood is present. Consequently, DNA profiles extracted from phenolphthalein‐positive stains are presumed to be from blood on the evidentiary item and can lead to the identification of “whose” blood is present. Crushed nodules from a variety of legumes yielded phenolphthalein false‐positive reactions that were indistinguishable from true bloodstains both in color quality and in developmental time frame. Clothing and other materials stained by nodules also yielded phenolphthalein false‐positive reactivity for several years after nodule exposure. Nodules from leguminous plants contain a protein (leghemoglobin) which is structurally and functionally similar to hemoglobin. Testing of purified leghemoglobin confirmed this protein as a source of phenolphthalein reactivity. A scenario is presented showing how the presence of leghemoglobin from nodule staining can mislead investigators. 相似文献
56.
Karen Lund Petersen 《Intelligence & National Security》2019,34(3):317-328
ABSTRACTCommunication aimed at the public has been an almost absent topic in intelligence studies. This is despite a growing recognition of the importance of communicating towards the public in preventive security, counterterrorism, cyber security and organized crime prevention. This article attends to the practice of communicating intelligence to the public. It does so in order to show the diversity of communication practices in Western intelligence today. By investigating how the intelligence community communicates about ‘communication’ to the public, the article identifies three different concepts of communication, that each exposes different understandings of the public and democratic concerns. 相似文献
57.
A new Assisted Reproductive Treatment Act was passed in Victoria on December 2008 and came into effect on 1 January 2010. The new legislation changed who was eligible for assisted reproductive technology (ART) and the types of services that clinics could provide. This article reports on interviews with service providers in Victoria who experience first hand the impact of legislation on clinical practice and patients, as well as regulators who are able to provide insight into the values underpinning the regulatory framework. The new legislation was viewed by all participants as an improvement on the old Act because of the removal of discriminatory and ambiguous aspects. The authors argue that while some of the details of the legislation have changed, the underlying principles and the framework have not. 相似文献
58.
Isopropanol (IPA) detected in deaths because of diabetic ketoacidosis (DKA) or alcoholic ketoacidosis (AKA) may cause concern for IPA poisoning. This study addressed this concern in a 15-year retrospective review of 260 deaths in which concentrations of acetone and IPA, as well as their ratios, were compared in DKA (175 cases), AKA (79 cases), and IPA intoxication (six cases). The results demonstrated the frequency of detecting IPA in ketoacidosis when there was no evidence of IPA ingestion. IPA was detectable in 77% of DKA cases with quantifiable concentrations averaging 15.1 ± 13.0 mg/dL; 52% of AKA cases with quantifiable concentrations averaging 18.5 ± 22.1 mg/dL; and in cases of IPA intoxication, averaging 326 ± 260 mg/dL. There was weak correlation of IPA production with postmortem interval in DKA only (r = -0.48). Although IPA concentrations were much higher with ingestion, potentially toxic concentrations were achievable in DKA without known ingestion. 相似文献
59.
Petersen MB 《American journal of political science》2012,56(1):1-16
Public opinion concerning social welfare is largely driven by perceptions of recipient deservingness. Extant research has argued that this heuristic is learned from a variety of cultural, institutional, and ideological sources. The present article provides evidence supporting a different view: that the deservingness heuristic is rooted in psychological categories that evolved over the course of human evolution to regulate small-scale exchanges of help. To test predictions made on the basis of this view, a method designed to measure social categorization is embedded in nationally representative surveys conducted in different countries. Across the national- and individual-level differences that extant research has used to explain the heuristic, people categorize welfare recipients on the basis of whether they are lazy or unlucky. This mode of categorization furthermore induces people to think about large-scale welfare politics as its presumed ancestral equivalent: small-scale help giving. The general implications for research on heuristics are discussed. 相似文献
60.
Danielsen L Gniadecka M Thomsen HK Pedersen F Strange S Nielsen KG Petersen HD 《Forensic science international》2003,134(2-3):134-141
Previously, electrical injuries have been suggested caused only by the concomitant heat developed during the passage of an electrical current. Recent experimental studies on fully anesthetized pigs and the study of one human case have, however, shown typical electrical alterations. The purpose of the present study was further to evaluate the histology of electrically induced changes in the skin in humans. In addition, supplementary in vivo methods for evaluation of skin changes as high-frequency ultrasound and Raman spectroscopy were used. The skin of 11 patients treated with a defibrillation of the heart was examined for macroscopic changes, the skin of eight of them also for histologic changes and for changes observable via supplementary methods. Immediately and 7 days after the defibrillation, fractions of a narrow red ring were observed along the periphery of the tin-foil electrode. Epidermis showed signs previously observed following electrical influence: segmental alterations often related to the openings of sweat ducts, darkstaining or "empty" nuclei and homogeneous cytoplasm, eosinophilic or pale. Dermis did not show the specific sign of electrical influence: deposits of calcium salts on dermal fibres, neither via histologic examination nor via high-frequency ultrasonography and Raman spectroscopy. Fractions of a narrow red ring along the periphery of the electrode showing histological signs of electric influence in epidermis thus appear to be characteristic of high voltage electrical injury. 相似文献