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Giovanni Circo 《国际比较与应用刑事审判杂志》2015,39(2):169-170
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In jurisprudential literature, the adjective ‘defeasible’ appears as a predicate of many terms: concepts, laws, rules, reasoning,
justification, proof, and so on. In this paper, we analyze the effects of some versions of the thesis of the defeasibility
of legal norms on the reconstruction of the notion of legal validity. We analyze some possible justifications of this thesis
considered as a claim concerning validity, and enquire into two possible sets of problems related to the defeasibility of
the criteria of identification of a legal system. We also provide a formalization of some options regarding defeasible criteria
of identification, which can be used as a tool for meta-jurisprudential analysis. Finally, the thesis according to which defeasibility
is better conceived of as a feature of legal application is examined and questioned. 相似文献
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Cecchetto G Viel G Amagliani A Boscolo-Berto R Fais P Montisci M 《Journal of forensic sciences》2011,56(Z1):S255-S258
The major issues of medico-legal relevance in fatal falls from a height are the manner of death and the reconstruction of the event. We present a peculiar case of a fatal fall from a height of about 9 m, involving a 27-year-old woman. At the death scene investigation, no suicide notes, housebreaking marks, or signs of fight were found, thus weakening both the suicide and homicide hypotheses. Combining circumstantial, autopsy and toxicology data, the kinematic analysis of the jump/fall, and the histological evidence of a myocardial sarcoidosis involving the left ventricle, we hypothesized that the young woman might have accidentally fallen from the window because of a sudden loss of consciousness related to cardiac disease undiagnosed during life. We believe that our brief report is a good example of the powerful additional information that histological investigations can offer for reconstructing the dynamics of the event in falls from a height and other traumatic fatalities. 相似文献
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A fatal suicidal intoxication with unusual drugs is reported. A 56-year-old man was found dead in his house; near by the corpse several empty drugs boxes were found. An autopsy was performed and the biological fluids were submitted to a full toxicological work-up.The analytical results supported the hypothesis of a death due to the acute baclofen (4-amino-3-(p-chlorophenyl)butyric acid) and dipyrone (sodium [N-(1,5-dimethyl-3-oxo-2-phenylpyrazolin-4-yl)-N-methylamino] methanesulfonate) intoxication. 相似文献
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Francesca Cittadini M.D. Ph.D. Giovanni Loyola M.D. Letizia Caradonna M.D. Natalia Minelli M.D. Riccardo Rossi M.D. 《Journal of forensic sciences》2014,59(6):1662-1664
Maternal mortality and morbidity are the leading causes of death and illness, respectively, among women of reproductive age in many countries throughout the world. Of all maternal deaths, those related to unsafe abortions are the most widely underestimated, but they are also the most largely preventable. Medical abortion is a safe and reliable method for termination of a pregnancy in early gestation, although it is important to be aware of signs and symptoms of severe infection and toxic shock syndrome after the medical termination of pregnancy; case studies in literature are rarely fatal events. We report the first case of septic shock syndrome following a clandestine pregnancy termination with a misoprostol‐only regimen (12 tablets 200 μg each). Autopsy findings and histopathological examination proved that the woman died from septic shock. This case suggests to improve the forensic investigations in case of unsafe, often clandestine, abortion is suspected. 相似文献
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In this study we examined the presence of cannabinoids in saliva samples obtained from 24 drug-abusers. The saliva specimens were collected by "EPITOPE" system and the subsequent elution of samples was achieved by centrifugation. The resulting ultrafiltrates have been directly sampled with solid phase micro-extraction (SPME) and then analyzed by GC/MS. Saliva sampling is less invasive than collection of blood. 相似文献