刑法保护什么:法益还是规范适用?

(一 )主导性理论 :法益侵害性还是道德违反性根据影响广泛、甚至可以说是占主导地位的观点来看 ,刑法应当是为法益保护 〔 1〕 服务的。因此 ,人们大致认为 ,———后面还有进行更详细的说明——— ,对于刑法 ,存在着先在的〔 2〕 或者是通过它建构 〔 3〕 起来的利益 ,例如生命、健康、财产 ,另外根据大多数而不是全部学者的观点 ,还包括国家机关的功能。〔 4〕 同时 ,人们认为 ,刑法保护着这些利益的不可损害性 ,但是 ,这种保护根据其各自所依据的刑法理论一定都有着不同程度的失败 :特别预防论者希望遏制行为人的进一步行为 ;消极一般预…     

The impact of medical technology on the pregnant woman's right to privacy

It has been suggested that the advance of science and technology in the West has changed both the relationship of man to nature and of man to man. With regard to human reproduction, science and technology in medicine may certainly change the relationship of man to nature and of man to man, but also the concept of what it means to be human. Efforts must be taken to guarantee the rights of all humans. The author explores developing reproductive medical technology to consider how it may change our concept of humanness and how that change may be accommodated, encouraged, or impeded by the relationship between the government and its pregnant citizens as defined by the US Constitution and the right to privacy. Sections discuss the Constitution at the beginning of life; sterilization and the right to procreate; contraception, abortion, and the right not to procreate; and surrogacy. The author also discusses constitutional issues when the interests of a pregnant woman conflict with those of the fetus in terms of fetal surgery, forced cesarean-section cases, and the fetal abuse case of Pamela Monson Stewart.     

Rolled up to death. An unusual autoerotic fatality

Recently, an unusual case of autoerotic death in which a man died of hypoxia after having enclosed himself in plastic was reported in this Journal (1). We present a second case showing many similarities to the one published previously.     

PROGRAM COORDINATION IN THE EMPLOYMENT SERVICE: A STATE AND LOCAL POLICY PERSPECTIVE

This paper analyzes the role of coordination criteria in employment and training service delivery within the Job Training Partnership Act system. The evolution of coordination criteria is related to current initiatives in the Employment Service at the state and local levels. An operational set of program outcome measures for monitoring coordination efforts is discussed. This set of outcome measures is formulated in the broad context of stabilizing employment and averting the "structuralization" of unemployment impacts wrought by fundamental economic change in the labor market. The assessment and monitoring of such coordination efforts is discussed.     

The transfer and persistence of trace particulates: experimental studies using clothing fabrics.

A series of experiments were conducted using various types of pollen grain, powder and metal particulates to determine their persistence on a range of different types of materials. The decay curves generated in the repeated experiments all broadly conform to those obtained and already presented in the literature for fibres and glass particulates. The experiments presented in this paper were conducted for up to 647 hours for individual runs and it was found that a general rule existed that it was the material type rather than the particulate type that was the major controlling factor in the persistence of particles. For the pollen grain experiments the overall theory is sustained; there is a significant loss initially followed by a slower decay although this is not precise given the varied nature of palynomorph types. The manner by which the particulates were introduced onto the material had an initial immediate effect, however, the persistence of these particulates over longer periods of time was generally unaffected.