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31.
Francesco Belvisi 《International Journal for the Semiotics of Law》2014,27(2):341-357
The paper reconstructs Luhmann’s conception of legal argumentation and justice especially focussing on the aspects of contingency and self-referring operative closure. The aim of his conception is to describe/explain in a disenchanted way—from an external, of “second order” point of view—the work on adjudication, which, rather idealistically, lawyers and judges present as being a matter of reason. As a consequence of some surface similarities with Derrida’s deconstructive philosophy of justice, Teubner proposes integrating the supposed reductive image of formal justice described by Luhmann with the ideal conception of justice presented by Derrida. Here this kind of attempt is rejected as epistemologically wrong. In addition, Luhmann’s theory is argued to have other shortcomings, namely: the failure to understand the pragmatic function of principles, and the incapacity to describe the current legal questions linked with cultures and legal pluralism, which characterise our society. 相似文献
32.
Caterina Bosco MD Lucia Tattoli MD PhD Giancarlo Di Vella MD PhD Francesco Ventura MD PhD Alfredo Verde PsyD PhD Gabriele Rocca MD PhD 《Journal of forensic sciences》2021,66(1):407-412
The discovery of mummified bodies in domestic settings is not unusual in the medico‐legal context. It is often a marker of social isolation, even in our urban modern society, and usually occurs among elderly people living alone or in precarious conditions. However, bereaved subjects can sometimes be found managing their grief by deliberately keeping the corpses of their loved ones at home. Investigation of these atypical cases can be challenging and often requires a multidisciplinary effort by different forensic specialists. We report two cases of people who lived for several months with the mummified remains of a relative. In both cases, the judge ordered a forensic psychiatry assessment of the survivors’ competency and the reasons for this peculiar behavior, which is regarded as abnormal in our society. Case 1 describes a shared psychosis, which developed out of a condition of extreme seclusion of the entire family. Case 2 shows that even a mild personality disorder on which a series of traumatic events operates can trigger psychotic decompensation, causing extreme denial of the reality of death. The analysis of these cases contributes to our knowledge of the scantly studied phenomenon of “Living with the Dead” and raises questions about the psychopathology behind it. It is useful to identify subjects who are more prone to developing this “deviant” behavior, in order to distinguish people with mental illness from those who merely want to profit from the death of a loved one. 相似文献
33.
As Alicke and Govorun (The self in social judgment, Psychology Press, New York, 2005, p. 85) observed, “most people are average, but few people believe it.” Optimism and other forms of inflated perception of the self lead parties to exercise suboptimal precautions when undertaking risky activities and often undermine the incentive effects of tort rules. In this paper, we show that the presence of optimism undermines several critical assumptions, upon which law and economics scholars have relied when modeling the incentive effects of tort law. We construct a model representing the incentives of “optimistic” tortfeasors and victims, and consider mechanisms for mitigating the effects of biased decision-making. We show that in the presence of optimism, comparative negligence rules are preferable to contributory negligence rules (i.e., the traditional equivalence between contributory and comparative negligence does not hold). Further, we discover the surprising conclusion that the most effective way to correct optimism may often simply be to “forgive” it, shielding optimistic individuals from liability, rather than holding them liable for the harms they cause. 相似文献
34.
Francesca V. Negri Ph.D. Annamaria De Giorgi M.D. Cecilia Bozzetti B.S. Anna Squadrilli B.S. Pier Giorgio Petronini Ph.D. Francesco Leonardi M.D. Luigi Bisogno B.S. Luciano Garofano B.S. 《Journal of forensic sciences》2017,62(5):1372-1373
Hand–foot syndrome, a chemotherapy‐induced cutaneous toxicity, can cause an alteration in fingerprints causing a setback for cancer patients due to the occurrence of false rejections. A colon cancer patient was fingerprinted after not having been able to use fingerprint recognition devices after 6 months of adjuvant chemotherapy. The fingerprint images were digitally processed to improve fingerprint definition without altering the papillary design. No evidence of skin toxicity was present. Two months later, the situation returned to normal. The fingerprint evaluation conducted on 15 identification points highlighted the quantitative and qualitative fingerprint alteration details detected after the end of chemotherapy and 2 months later. Fingerprint alteration during chemotherapy has been reported, but to our knowledge, this particular case is the first ever reported without evident clinical signs. Alternative fingerprint identification methods as well as improved biometric identification systems are needed in case of unexpected situations. 相似文献
35.
This case concerns an unusual suicidal plastic bag suffocation. An elderly white man was found dead and partially disrobed in his apartment lying supine on a sofa with a plastic bag closed by a rope over the head and the upper and lower extremities tightly tied with two other ropes, the end of both arranged into slipknots (self-rescue mechanism). Police investigations found no pornography in the apartment, and circumstantial data alleged no psychiatric disorders or suicidal intentions. The autopsy excluded signs of struggle and sexual intercourse as well as any type of injury or physical illness. Chemical analyses on the peripheral blood excluded acute drugs and/or alcohol intoxication. A differential diagnosis of the manner of death was performed, including scenarios of accidental autoerotic asphyxiation, homicide during either sexual activity or ritualistic, elderly suicide. The collected data most strongly supported the hypothesis of a suicidal asphyxiation simulating homicide to devolve a life insurance to the victim's sons because of economic difficulties. 相似文献
36.
37.
Francesco Calderoni 《Crime, Law and Social Change》2010,54(5):339-357
This article analyzes the European legal framework on cybercrime. Initially, it argues the challenges of cybercrime to traditional
criminal justice systems. Subsequently, it focuses on the criminal law framework on cybercrime with a mainly European perspective.
The European legal framework provides a three-path solution: the reduction of frictions among national legislations, the introduction
of new investigative powers and the facilitation of international cooperation. The article presents and discusses each solution.
Further, it argues that the effective implementation of the main legal instruments does not seem to depend on the legal enforceability
of these international measures. Contrarily, other, non legal, factors such as national security, politics, the economy and
the public opinion appear to stimulate the spontaneous implementation of the European legal framework. In this context, the
added value of the EU action is rather low, although the Treaty of Lisbon and the Stockholm Programme may improve this situation
in the long term. 相似文献
38.
Paolo Buonanno Francesco Drago Roberto Galbiati Pietro Vertova 《European Journal of Law and Economics》2018,46(3):343-357
We discuss measurement issues in crime rates in a cross-country comparative perspective. We show that while homicide and general crime rates follow quite similar patterns in the US this is not always the case in Europe. We provide an explanation of the observed patterns based on the use of fire harms. 相似文献
39.
Sudden Death Secondary to an Undiagnosed B‐Cell Lymphoma of the Hypopharynx and Infiltration of the Inferior Constrictor Muscle 下载免费PDF全文
Sara Lo Pinto M.D. Rosario Barranco M.D. Maria Cuccì M.D. Fiorella Caputo M.D. Francesca Fossati M.D. Giulio Fraternali Orcioni M.D. Francesco Ventura M.D. Ph.D. 《Journal of forensic sciences》2018,63(4):1303-1306
The aim of this presentation was to share an uncommon form of sudden death, suffered by a 64‐year‐old woman, due to a mechanical obstruction of hypopharynx by an undiagnosed B‐cell lymphoma, infiltrating the inferior pharyngeal constrictor muscle. A forensic approach by means of scene investigation, circumstantial data collection, autopsy, and histological and toxicological investigations led to conclude that the cause of death was asphyxia, correlated with B‐cell lymphoma of the hypopharynx. The autopsy examination highlighted the presence of a wall thickening, infiltrating, and projecting into the hypopharynx lumen. The histological analysis showed the essential finding of a B‐cell lymphoma of the hypopharynx, diffusely infiltrating the inferior pharyngeal constrictor muscle. To conclude, this case demonstrates once more that in the absence of specific data, a thorough forensic investigation including autopsy, histological examination, and circumstantial data collection is mandatory to reach a correct cause of death. 相似文献
40.
Francesco Mangiapane 《International Journal for the Semiotics of Law》2018,31(3):451-471
This paper presents the first results of an ongoing semiotic research over TV series targeted to early childhood in Italy. In particular, it focuses on discussing and explaining the great success of the animated series Peppa Pig aired in Italy on the thematic channel Rai YoYo, by comparing it with other series available in the same channel, in the period of its first launch (years 2014–2015). Most of the programs taken into account refers to animals with the purpose of using them as a mean to speak about manhood, in a simplified and appealing way. Nothing new. Fairy tales have always been filled with animals to mean vices and virtues of the humans. Aim of the paper is to reveal the complexity of such reference to animals in Peppa Pig’s stories. This goal will be achieved by comparing it to another series which references to pigs (Olivia the piglet) aired simultaneously in the same Italian network. Moreover, this paper will consider other animals embodying the bouquet of meaning proposals offered by Rai YoYo: a dog (La Pimpa) and some shapeless creatures known as Barbapapas. As a conclusion of such enquire a synthetic model which positions each of the series analyzed will be presented. 相似文献