Sentencing Parricides: Text and Context; Rhetoric and Silence

This article considers the sentencing of two eighteenth centuryparricides, one committed by a daughter, the other by a son. In eachcase the sentencing remarks are first subject to generic analysis,derived from the work of Rukiya Hasan and Susan Urmston Philips. Withinthose thematic structures there is a traditional rhetorical analysis. Bycombining both types of analysis one can demonstrate the salientfeatures of each set of judicial remarks. The focus of the article thenshifts from these texts to their contexts, and reveals features in theiroffence narratives which have been omitted in these otherwise powerfulrhetorical utterances. Explanations for these silences are given.     

外国刑法中犯罪成立要件的实质化

罪刑法定主义应当是形式与实质的统一,以此为基础的犯罪概念和犯罪成立要件也必然具有形式与实质的内容。不同法系的国家实现犯罪成立要件实质化的途径各有千秋。     

Criticizing the image of the student as consumer: examining legal trends and administrative responses in the US and UK1

There is widespread concern that higher education is being compromised by being turned into a ‘commodity’ to be ‘consumed’. This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between ‘commodification’ and ‘consumerism’. Education has always been a commodity to be bought and sold; the true danger lies in the move to a ‘rights-based’ culture where students (and politicians) see education merely as something to be ‘consumed’ rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education.     

Head injuries of Roman gladiators

Gladiator remains from a recently unearthed cemetery in ancient Ephesus (Turkey) offer a unique opportunity for proving common theories involving the weaponry and techniques of gladiator fighting based on the evidence supplied by cranial bones. This mass grave is the first of its kind to undergo a thorough osteological and forensic examination.A minimum number of individuals (MNI) analyses revealed that at least 68 individuals. All individuals found turned out to have been males aged between 20 and 30 years, except for one female associated with a female slave gravestone, and one male aged 45–55 years, had been buried in this area of the cemetery. The male mean body height was 168 cm (S.D. = 5 cm), which lies inside the normal range of height for Roman populations at those times.Eleven (16% of MNI) individuals exhibit a total of 16 well-healed antemortal cranial traumata. Five of the 11 individuals showed multiple trauma. Ten (15% of MNI) individuals exhibited a total of 10 perimortal cranial traumata. This is a surprisingly high frequency of deadly head injuries, taking into account that most of the gladiator types wore helmets. A possible explanation could be the frequently reported deathblow technique used by the hammer-carrying death god “Dis Pater”.The gladiator weaponry is well known through historical sources. At least one injury per known type of offensive weapon could be identified, as well as evidence for the most popular, the gladiator trident, which was found to be represented by one perimortem and two antemortem injuries. Overall the reportedly very strict nature of combat rules for gladiator fights could be confirmed by the absence of multiple perimortal traumatized individuals, showing a lack of the excessive violence commonly observed on medieval battle ground victims.This graveyard gives the opportunity to confirm historical aspects and to check the reliability of forensic methods for identification of antemortem, perimortem, or postmortem bone lesions. Typical examples for these kinds of lesions and injuries are presented. The colour of the margins of the traumata proved to be the most distinguishing feature for postmortal lesions.     

大学生奖贷体系工作的诚信教育

大学生奖贷体系工作的诚信教育问题是高校中一个突出的问题,要重视和加强奖贷体系工作中的大学生诚信教育,研究大学生奖贷体系工作中诚信教育的途径与方法。     

Prosecuting 'Gross' Medical Negligence: Manslaughter, Discretion, and the Crown Prosecution Service

This article examines prosecutions of health care professionals for gross negligence manslaughter following fatal errors committed in the course of their work. Unease has long surrounded the use of 'gross negligence' as a form of criminal liability, and particularly as it applies to health care professions operating in high-risk settings. The recent dramatic rise of such prosecutions calls for a closer understanding of the processes by which important prosecutorial decisions are made. In particular, this calls for an investigation into the exercise of discretion by prosecutors in interpreting the loosely defined and contested concept of gross negligence. This article analyses data obtained from a statistical analysis of 'medical manslaughter' cases and also from interviews with crown prosecutors. Discussion of the main findings leads to the conclusion that the offence of gross negligence manslaughter is incapable of any objective and fair measurement and ought to be abolished.     

新城疫病毒F48E9株M NP F和HN基因的真核表达

将新城疫病毒(NDV)F48E9株的M、NP、F和HN基因克隆到真核细胞表达载体 pCAGG上,经酶切、PCR鉴定和序列分析,分别筛选出了含有M、NP、F和HN基因的重组质粒, 命名为pCAGG-M、pCAGG-NP、pCAGG-F和pCAGG-HN。纯化后的重组质粒通过脂质体单独转染HeLa细胞,经间接免疫荧光试验检测到了M、NP、F和HN蛋白的表达。pCAGG-M、 pCAGG-NP、pCAGG-F和pCAGG-HN重组质粒组合共转染HeLa细胞48 h后,可以观察到明显的细胞融合现象。试验结果表明,NDV F48E9株的M、NP、F和HN蛋白均在HeLa细胞内得到了成功表达,同时证明在该表达系统中F蛋白不足以诱导细胞融合。     

Bahrain: Central Bank of Bahrain succeeds Bahrain Monetary Agency

The Central Bank of Bahrain came into existence on 7 Septemberand has taken over all the tasks previously conducted by theBahrain Monetary Agency (‘BMA’). The Central Bankof Bahrain and Financial Institutions Law (‘CBB Law’)issued by Decree No. 64 of 2006 gives the CBB strong operationalindependence and a wider range of enforcement powers. The CBBLaw has also replaced the Insurance Law (Legislative DecreeNo. 17     

试论法律移植及其本土化

当前,在法律全球化发展趋势下,如何科学移植西方先进的法律制度,并将移植法律与本土资源充分结合,在本土资源认可和整合的基础上,最大限度地发挥移植法律的效用,是我们实现法律制度现代化的一个不容回避的问题。