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281.
Douglas B. Klusmeyer 《Criminal justice ethics》2013,32(3):312-337
Despite many significant points of intersection between his work and that of Hannah Arendt, the legal scholar Robert Cover largely declined to engage her perspective, which posed major challenges to his own. While scholars seeking to rethink Cover's legacy in order to develop a jurisprudence of violence have criticized Cover's acquiescence to the Hobbesian model of the sovereign state, they have similarly ignored Arendt's critique of the Hobbesian model and her attempts to build an alternative to it. This article examines central issues of convergence and divergence between Arendt's and Cover's approaches to law, politics, and violence with the aim to redress this neglect of Arendt's perspective. It begins by focusing on their interpretations of the role and significance of the courtroom trial. It then compares their analysis of the character, effects, and implications of domination as a type of organized power and as a means of conceptualizing punishment, before it concentrates on their instrumental conception of violence, the issue of justification, and its relationship to power. The article concludes by arguing that Arendt's approach, which situates an analysis of law and violence within a broader critique of modernity, provides a more trenchant critical framework for examining the rise of the carceral state than does Cover's. 相似文献
282.
Public Choice - Regulation of health and safety has placed an unacknowledged burden on low-income households and workers. Billions of dollars are spent every year on regulations that seek to reduce... 相似文献
283.
Junior partners in a coalition government are torn between an eagerness to profile themselves, and to show loyalty to the coalition. We investigate when, how and why junior coalition parties affect foreign policy and profile themselves despite demands for national unity. We study two Swedish centre‐right governments in 2006–2010 and 2010–2014. The parties' foreign policy positions in election manifestos are compared to the foreign policy positions presented in the joint Alliance manifesto and yearly government declarations. An explorative analysis of possible explanations for junior parties' influence is based on elite interviews. The results indicate that junior coalition parties might influence the foreign policy in symbolic value related issues, but less so in issues with real policy implications. Our analysis reveals the importance of the leading member of the coalition and how junior parties converge over time towards the position of the senior coalition member. 相似文献
284.
Simon Douglas 《The Modern law review》2011,74(3):329-349
The article asks whether the tort of conversion should be expanded so as to protect contractual rights. The suggestion, found in recent case law and academic texts, that conversion should protect contractual rights because such rights belong to the law of property is rejected. It is argued that this approach is purely semantic and ignores the fact that contractual rights have different characteristics to other kinds of rights that we typically class as ‘property rights’. The better approach, it is argued, is to ask whether it is actually possible to protect contractual rights through the tort of conversion. The article attempts to show that the absence of certain features from contractual rights, in particular the fact that such rights do not relate to a physical object and are not exigible against the world, makes the expansion of conversion extremely difficult. 相似文献
285.
Radiocarbon analysis was conducted on dental enamel, cortical bone and trabecular bone from four human adults from Andean Peru with known birth dates and death dates, the latter all falling within the modern bomb-curve period. Radiocarbon results were compared with known tropospheric values from the southern hemisphere. The results demonstrate that dental enamel can provide useful information regarding birth dates in consideration of known formation times of the specific teeth examined if the radiocarbon values fall within the modern bomb-curve period. Trabecular bone radiocarbon values are closer to the tropospheric values at the date of death than are values from cortical bone reflecting relative differences in the rate of bone remodeling in those tissues. Age at death also represents an important factor. 相似文献
286.
Adipocere: what is known after over two centuries of research 总被引:1,自引:0,他引:1
This paper reviews over two centuries of research focusing on various issues relating to adipocere. Adipocere is a crumbly, soap-like postmortem product that forms from soft tissue in a variety of environments. The timing of the formation and degradation of adipocere depends largely on the environmental circumstances. Once formed, adipocere can persist for hundreds of years, acting as a preservative. In this way, some define it as a process of mummification. This type of persistence can be useful in a forensic context as it can preserve evidence. Sustained interest in adipocere prompted many investigations into the composition and conditions of formation. More recent investigations, aided by technological advances, build upon the knowledge gained from prior studies as well as delve into the chemical composition of adipocere. This in turn provides new information on detection and documentation of constituent substances. 相似文献
287.
Stacy Douglas 《Law and Critique》2011,22(2):171-187
This article explores the powers and potentialities of imaginations of political community at the site of the museum in contemporary
South Africa. Taking the District Six Museum (Cape Town) and Constitution Hill (Johannesburg) as the empirical backdrop, I
explore the ways in which memorialising practices at these sites bolster or deflate the exaltation of the post-1996 constitutional
moment. This argument aligns closely with contemporary discussions by South African constitutional theorists about the role
of monumentalism and counter-monumentalism. Indeed, I argue that memorialising techniques employed at the District Six Museum
offer a practice of memory-making that resists the fixed and limited boundaries proffered by the new South African constitutional
discourse exalted at Constitution Hill. However, my critique does not include a call for a reform of the latter. Instead,
I argue that the continuation of monumental memory practices at Constitution Hill, in juxtaposition to counter-monumental practices at District Six, serves a key role in revealing the limits of fixed notions of law and subjectivity
in imagining past and future political communities. Drawing on Antonio Negri’s concept of constituent power, I argue that
the juxtaposition of monumental and counter-monumental memorial practices exposes the illusion of the division between transcendent
Power (potestas) and immanent power (potentia). Finally, I turn to Emilios Christodoulidis’ conception of ‘strategies of rupture’ to consider ways in which this contradiction
might be made to ‘persist’ through the site of the museum. Indeed, if the goal is to illuminate the illusion of transcendent
power, the juxtaposition of memorialising practices between the two sites (a museological form of ‘tapping of contradiction’)
may serve as a platform for the truth of constituent power to be realised. 相似文献
288.
Most survey-based research on campaign effects in British elections has focussed on exposure to the campaign. Far less attention has been given to how the campaign is perceived, although American research on the effects of negative campaigning suggests that this is a potentially important area. The article investigates the extent to which vote choices in the 2007 Scottish Parliament election were affected by perceptions of the parties’ campaigns as ‘positive’ or ‘negative’. Partisanship and increased exposure to a party’s campaign increased individuals’ chances of rating a campaign positively. Other things being equal, however, campaigns which come to be seen in a negative light backfire on the party responsible, reducing the propensity of people to vote for it. 相似文献
289.
Arim RG Tramonte L Shapka JD Dahinten VS Willms JD 《Journal of youth and adolescence》2011,40(11):1423-1435
The purpose of this study was to examine both the family antecedents and the outcomes of early puberty, with a particular
focus on factors related to family socioeconomic status (SES). The study employed a comprehensive measurement of pubertal
development and longitudinal data from the Canadian National Longitudinal Survey of Children and Youth. The sample (N = 8,440; 49% girls) included four cohorts of children who were followed biennially for 10 years, starting from age 4–11 to
14–21 years. Data were drawn at different years of age from these cohorts of children. Girls whose fathers were unemployed
were more likely to experience early puberty than those whose fathers were employed. For boys, those living with fathers who
had not finished secondary school were more likely to experience early puberty. Early maturing girls tended to engage in smoking
and drinking at an earlier age compared with their peers. These findings provide support for psychosocial acceleration theory
and suggest that different aspects of low family SES may act as a psychosocial stress for early pubertal maturation in boys
versus girls, which may lead to engagement in drinking and smoking at a younger age, at least for girls. 相似文献
290.
Jill R. Bowers Elissa Thomann Mitchell Jennifer L. Hardesty Robert Hughes Jr. 《Family Court Review》2011,49(4):776-787
Divorce education programs first surfaced over four decades ago. Today, many states mandate parents to participate in a divorce education program before their dissolution can be finalized. Changes in the technological landscape have allowed innovative practitioners to create online divorce education programs, yet these programs have not been formally evaluated for quality. Adapting a research design for evaluating face‐to‐face programs, we created an online divorce education review form and reviewed online divorce education programs that parents use to meet court‐mandated requirements. Results reveal that online programs have significant potential to help divorcing parents, yet there are areas of online program content and instructional strategies that can be improved. Program content that includes legal and court focused topics or modules, or that offer advice for families facing special circumstances such as domestic violence, could be enhanced. Additionally, most of the instructional strategies were passive. With this research, recommendations were made for improving program content and instructional strategies for online divorce education programs. 相似文献