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101.
Space, time and function: intersecting principles of responsibility across the terrain of criminal justice 总被引:2,自引:2,他引:0
Nicola Lacey 《Criminal Law and Philosophy》2007,1(3):233-250
This paper considers the interpretive significance of the intersecting relationships between different conceptions of responsibility
as they shift over space and time. The paper falls into two main sections. The first gives an account of several conceptions
of responsibility: two conceptions founded in ideas of capacity; two founded in ideas of character, and one founded in the
relationship between an agent and the outcome which she causes. The second main section uses this differentiated conceptual
account to analyse and interpret certain aspects of the contemporary criminal law of England and Wales. In conclusion, the
paper considers a number of hypotheses about what the evidence of certain shifts in the relationship between the three families
of responsibility-conception can tell us about the current state and significance of criminal law among other systems of social
governance.
相似文献
Nicola LaceyEmail: |
102.
Nicola Bown 《Women: A Cultural Review》2013,24(1):73-83
John Everett Millais's painting The Bridesmaid (1851) depicts a young woman, on the evening of a wedding, attempting to conjure up a vision of her own future husband. This work has been linked to a number of others by Millais dealing with marriage, and has been seen as an articulation of 'matrimonial ideology'. Brown sets the picture in the context of the widespread, though clandestine, practice of fortune-telling, through which women in particular attempted to foreknow, and thus control, the central event of their lives. One of the most frequent questions asked of fortune-tellers was 'whom shall I marry?', the question the girl in the painting has herself asked. However, drawing on recent critical work on 'proposal composition' pictures, Bown argues that men, too, faced great uncertainty on the brink of marriage, and that artists repeatedly explored this uncertainty through attempts to represent a complex female subjectivity in their works. In The Bridesmaid Millais (who was thinking about marriage in the early 1850s) depicts a woman telling her fortune, but he also seeks to represent her as full of thoughts and feelings. The artist, and the viewer of the painting, then, engages in an act of divination in which he tries to discover the mysterious secrets of female subjectivity. 相似文献
103.
Julio J. Mulero Nicola J. Oldroyd Michael T. Malicdem Lori K. Hennessy 《Forensic Science International: Genetics Supplement Series》2008,1(1):121-122
Since its introduction in 2002, the AmpF?STR® SEfiler™ kit has provided a highly discriminating DNA profiling option to German forensic laboratories by combining the widely used SGM Plus® Kit loci with the SE-33 locus required for the German DNA Database. Whilst proving successful on database samples, laboratories using the SEfiler™ kit have reported the need for chemistry better able to handle the ever-increasing number of casework samples.The new AmpF?STR® SEfiler Plus™ kit contains the same loci and primer sequences as the SEfiler™ kit but uses improved synthesis and purification processes to minimize the presence of dye-labeled artifacts. Other improvements include modified PCR cycling conditions for enhanced sensitivity and a new buffer formulation that improves performance with inhibited samples when compared to the original SEfiler™ kit.Validation studies demonstrating the effectiveness of the multiplex are presented with emphasis on the models of inhibition and casework samples. 相似文献
104.
Nicola White 《Liverpool Law Review》2007,28(2):249-269
Last June marked the 14th anniversary of the closing of the world’s first, and only, HIV camp at Guantanamo Bay. This article
revisits the infamous legacy of the Guantanamo Bay camp and the plight of the HIV-infected Haitian political refugees during
the early 1990’s. Part I summarises the development of the United States’ immigration policy and the government’s history
for excluding immigrants for health related reasons. Part II details the factual and historical background leading to the
mass exodus of the Haitians and the sequence of tragic events which resulted in their confinement at Guantanamo Bay. Part
III focuses on the seminal case of Haitian Centers Council, Inc. v. Sale (II) (Haitian Centers Council, Inc. v. Sale, 823 F. Supp. 1028, 1049 (E.D.N.Y. 1993)) which was responsible for bringing about
the closure of the HIV camp and granting parole to all HIV-infected refugees to enter the United States. The anticipated revolutionary
reform of the HIV-exclusion policy emanating from this legal triumph never materialized. The United States government successfully
sought to have the case vacated from the Court’s books. Consequently, the landmark precedent does not technically exist today.
What does remain is the notorious HIV-exclusion policy which was distorted by the United States government to justify their
detainment. Although the epic legal and emotional struggles of the Haitians are forgotten by many, the legacy of Guantanamo
Bay continues to haunt the lives of those who were prisoners of the HIV camp. 相似文献
105.
Nicola Foote 《Bulletin of Latin American research》2004,23(2):198-212
This article brings Afro‐Caribbean women to the fore of a discussion of Costa Rican citizenship. It explores the relationship between ideologies of gender, imageries of black womanhood, and the dialectic of citizenship and exclusion. It examines how the efforts of the black elite to achieve citizenship through assimilation generated inter‐class tension which centred on ideas of female morality. It explores the absence of political platforms for poor black women excluded by such strategies and argues that while Costa Rican feminists succeeded in challenging the ideological system of gender they failed to challenge issues of race and class. 相似文献
106.
Nicola Miller 《Feminist Review(on-Line)》2005,79(1):134-149
The life and work of Gabriela Mistral, the first Latin American writer to be awarded the Nobel Prize for Literature in 1945, is examined as an example of how difficult it was for women to win recognition as intellectuals in 20th-century Latin America. Despite an international reputation for erudition and political commitment, Mistral has traditionally been represented in stereotypically gendered terms as the ‘Mother’ and ‘Schoolteacher’ of the Americas, and it has been repeatedly claimed that she was both apolitical and anti-intellectual. This article contests such claims, arguing that she was not only committed to fulfilling the role of an intellectual, but that she also elaborated a critique of the dominant male Latin American view of intellectuality, probing the boundaries of both rationality and nationality as constructed by male Euro-Americans. In so doing, she addressed many of the crucial issues that still confront intellectuals today in Latin America and elsewhere. 相似文献
107.
Justin Parent Rex Forehand Mary Jane Merchant Mark C. Edwards Nicola A. Conners-Burrow Nicholas Long Deborah J. Jones 《Journal of family violence》2011,26(7):527-533
The role of parenting in child disruptive behaviors has received substantial support; however, the findings as to differential
effects of specific parenting behaviors (e.g., discipline) on boys’ and girls’ disruptive behavior problems have not been
consistent. The current study examined the individual, unique, and interactive relation of two types of ineffective discipline
(i.e., harsh & permissive) with child disruptive behavior for at-risk boys and girls separately. Participants were 160 parents
with 3- to 6-year-old at-risk children (47.5% girls). Findings revealed that higher levels of harsh discipline were related
to more intense disruptive behavior of both boys and girls, whereas higher levels of permissive discipline were related to
more intense disruptive behavior of only boys. Additionally, results indicated that harsh and permissive discipline did not
interact to predict child disruptive behavior problems. Clinical implications and directions for future research are discussed. 相似文献
108.
Rees KA Jones NS McLaughlin PA Seulin S Leyton V Yonamine M Osselton MD 《Forensic science international》2012,217(1-3):182-188
The in vitro stability of cocaine in horse blood, sheep vitreous humour (VH) and homogenised deer muscle is described. The stability of cocaine in horse blood was of interest because many toxicology laboratories utilise horse blood for the preparation of calibration and check standards and the latter are typically stored during routine use. The storage stability of cocaine in human VH and muscle has not been previously reported. In the absence of blank human VH and muscle, cocaine stability under varying conditions was demonstrated in animal tissues. Blood and VH were stored with and without addition of NaF at room temperature (RT), 4°C and -18°C for 84 days. Muscle homogenates were prepared in water, water/2% NaF, and phosphate buffer (pH 6.0)/2% NaF, and stored for 31 days at RT, 4°C and -18°C. Cocaine stability in human muscle obtained from cocaine positive forensic cases was assessed following storage at -18°C for 13 months. Cocaine and benzoylecgonine (BZE) were extracted using SPE and quantified by GC-MS/MS. Cocaine was stable for 7 days in refrigerated (4°C) horse blood fortified with 1 and 2% NaF. In the absence of NaF, cocaine was not detectable by day 7 in blood stored at RT and 4°C and had declined by 81% following storage at -18°C. At 4°C the rate of cocaine degradation in blood preserved with 2% NaF was significantly slower than with 1% NaF. The stability of cocaine in horse blood appeared to be less than that reported for human blood, probably attributable to the presence of carboxylesterase in horse plasma. Cocaine stored in VH at -18°C was essentially stable for the study period whereas at 4°C concentrations decreased by >50% in preserved and unpreserved VH stored for longer than 14 days. Fluoride did not significantly affect cocaine stability in VH. The stability of cocaine in muscle tissue homogenates significantly exceeded that in blood and VH at every temperature. In preserved and unpreserved samples stored at 4°C and below, cocaine loss did not exceed 2%. The increased stability of cocaine in muscle was attributed to the low initial pH of post-mortem muscle. In tissue from one human case stored for 13 months at -18°C the muscle cocaine concentration declined by only 15% (range: 5-22%). These findings promote the use of human muscle as a toxicological specimen in which cocaine may be detected for longer compared with blood or VH. 相似文献
109.
Nicola Lacey 《Criminal Law and Philosophy》2010,4(2):109-133
This paper puts the famous story of Jekyll and Hyde to work for a specific analytic purpose. The question of responsibility
for crime, complicated by the divided subjectivity implicit in Mr. Hyde’s appearance, and illuminated by Robert Louis Stevenson’s
grasp of contemporary psychiatric, evolutionary and medical thought as promising new technologies for effecting a distinction
between criminality and innocence, is key to the interest of the story. I argue that Jekyll and Hyde serves as a powerful
metaphor both for specifically late Victorian perplexities about criminality and criminal responsibility, and for more persistently
troubling questions about the legitimacy of and practical basis for criminalization. A close reading of the story illustrates
the complex mix of elements bearing on criminal responsibility-attribution, and—incidentally—helps to explain what is wrong
with the influential argument that, by the end of the nineteenth Century, attributions of responsibility in English criminal
law already rested primarily and unambiguously on factual findings about the defendant’s state of mind. Far from representing
the triumph of a practice of responsibility-attribution grounded in the assessment of whether the defendant’s capacities were
fully engaged, I argue that the terrain of mental derangement defences in late nineteenth Century England helps us to understand
that longer-standing patterns of moral evaluation of character remained central to the criminal process. And precisely because
‘character’ remained key to the institutional effort to distinguish criminality and innocence, the ‘terror’ of Stevenson’s
story resides in its questioning of whether either scientific knowledge or moral evaluation of character can provide a stable
basis for attributions of responsibility. In conclusion, I will also suggest that Stevenson’s tale can help us to make sense
of the resurgence of overtly ‘character-based’ practices of responsibility attribution in contemporary Britain and the United
States, which themselves reflect a renewed crisis of confidence in our ability to effect a ‘dissociation’ between criminality
and innocence. 相似文献
110.
“Tampering to Death”: A Fatal Codeine Intoxication Due to a Homemade Purification of a Medical Formulation 下载免费PDF全文
Paolo Fais Ph.D. Nicola Pigaiani M.D. Giovanni Cecchetto Ph.D. Massimo Montisci Ph.D. Rossella Gottardo Ph.D. Guido Viel Ph.D. Jennifer Paola Pascali Ph.D. Franco Tagliaro Ph.D. 《Journal of forensic sciences》2017,62(6):1671-1673
Many homemade tamper processes of medical codeine formulations are available on selected “forums” on the Internet, where recreational codeine users claim to be able to purify codeine by removing additives, such as acetaminophen, to avoid or limit adverse effects. In this work, it is reported and discussed a fatal case of codeine intoxication. The findings of objects such as jars, filters, and tablets, and amounts of unknown liquid material at the death scene investigation suggested a fatal codeine intoxication after the tampering procedure called “cold water extraction.” Toxicological results obtained from the analysis of both the nonbiological material and the body fluids of the decedent integrated with the information collected at the death scene investigation confirmed the above‐mentioned hypothesis. This report underlines the importance of a tight interconnection between criminalistics and legal medicine to strengthen the identification of the cause of death and the reconstruction of the event. 相似文献