Prevalence of mixed DNA profiles in fingernail swabs from autoptic cases

Physical contact between two or more persons can give rise to the transfer of DNA from one person to another and biological material can accumulate under the fingernail hyponichium. The purpose of this study is to value the normal levels of foreign DNA profiles under the fingernail of individuals deceased of a non-violent death, in order to define the usefulness of this approach in the recovery of a suspect's DNA profile. No foreign DNA was found in the majority of the cases.     

Decomposing Human Blood: Canine Detection Odor Signature and Volatile Organic Compounds

The admissibility of human “odor mortis” discrimination in courts depends on the lack of comprehension of volatile organic compounds (VOCs) during the human decay process and of the lack in standardized procedures in training cadaver dogs. Blood was collected from four young people who died from traffic accidents and analyzed using HS‐SPME/GC‐MS at different decompositional stages. Two dogs, professionally trained, were tested to exactly locate blood samples, for each time point of the experiment. We found a long list of VOCs which varied from fresh to decomposed blood samples, showing differences in specific compounds. Dog performance showed a positive predictive value between 98.96% and 100% for DOG A, and between 99.47% and 100% for DOG B. Our findings demonstrated that decomposing human blood is a good source of VOCs and a good target for canine training.     

Structuring modern life running on software. Recognizing (some) computer programs as new “digital persons”

Saudi Arabia grants nationality to an AI robot; the first “clash of robots” took place in Japan; and, Bill Gates suggests that robots start paying taxes. We believe that these developments justify new legal fiction interventions. Software has long now exceeded the intellectual property boundaries. It is no longer merely property; it has assumed life of its own. It does not matter that such life is imaginary today. Legal persons were brought to life through legal fiction intervention that was based on much less motivation – merely the human incentive for profit. Software is certainly connected today with profit, given that the world's most valued corporations are software companies. However, it has moved much further than that, to assume in many ways artificial life of its own. We think that it is time that the dichotomy between natural and legal persons, that has served humanity so well over the past centuries, now be trisected: A new, digital person, ought to be added to it.     

Privacy,trust and policy-making: Challenges and responses

The authors contend that the emerging ubiquitous Information Society (aka ambient intelligence, pervasive computing, ubiquitous networking and so on) will raise many privacy and trust issues that are context dependent. These issues will pose many challenges for policy-makers and stakeholders because people's notions of privacy and trust are different and shifting. People's attitudes towards privacy and protecting their personal data can vary significantly according to differing circumstances. In addition, notions of privacy and trust are changing over time. The authors provide numerous examples of the challenges facing policy-makers and identify some possible responses, but they see a need for improvements in the policy-making process in order to deal more effectively with varying contexts. They also identify some useful policy-making tools. They conclude that the broad brush policies of the past are not likely to be adequate to deal with the new challenges and that we are probably entering an era that will require development of “micro-policies”. While the new technologies will pose many challenges, perhaps the biggest challenge of all will be to ensure coherence of these micro-policies.     

Continuity and Change in Legal Positivism

Institutional theory of law (ITL) reflects both continuity and change of Kelsen's legal positivism. The main alteration results from the way ITL extends Hart's linguistic turn towards ordinary language philosophy (OLP). Hart holds – like Kelsen – that law cannot be reduced to brute fact nor morality, but because of its attempt to reconstruct social practices his theory is more inclusive. By introducing the notion of law as an extra-linguistic institution ITL takes a next step in legal positivism and accounts for the relationship between action and validity within the legal system. There are, however, some problems yet unresolved by ITL. One of them is its theory of meaning. An other is the way it accounts for change and development. Answers may be based on the pragmatic philosophy of Charles Sanders Peirce, who emphasises the intrinsic relation between the meaning of speech acts and the process of habit formation.     

论行政诉讼中先予执行制度的几个问题

先予执行,是指人民法院在判决确定之前裁定由给付义务的人,预先给对方部分财物,或者为一定行为的法律制度。先予执行在行政诉讼中并未引起应有重视,也没有发挥出其应有的价值。从行政诉讼角度重新审视先予执行制度,会发现有一些问题存在,尚需完善,尤其是先予执行的行为,尽管有很强的实践意义,但实施起来却困难重重。