When the slaves go marching out: indignatio,invisible bodies,and political theory

In January 2010, hundreds of illegal migrants took to the streets of Rosarno in Italy for a violent protest against the acts of racism which they had routinely suffered. A collective subject, considered invisible, dared to revolt. These migrants are an anomaly in the social, legal, and political senses. Their revolt is an example of rebellions who constitute a litmus test for the discourse of citizenship; it reveals itself as a form of political subjectivity and highlights the corporeality of the conflict. Understanding the revolt also troubles the boundary between body discourses and traditional political theory. In this paper, I analyse the revolt through categories of contemporary political theory such as the ‘bare life’ of Giorgio Agamben, and the ‘disagreement’ of Jacques Rancière. I show how these categories only partially help to interpret the phenomenon of this uprising. However, the Spinozist concept of indignatio is a more useful intellectual tool to interpret and understand the phenomenon of the revolt of Rosarno.     

勒内·基拉尔神话观的理论脉络

勒内·基拉尔是法国著名思想家,基拉尔神话观的理论基石是“摹仿欲望”说与“替罪羊机制”说.基拉尔批评了弗洛伊德的心理学说,并在反思列维-斯特劳斯神话理论的基础上提出了自己的神话观.基拉尔认为,神话根植于真实的暴力,其叙事视角是迫害者的视角,而《圣经》则“解神话”,谴责暴力,提供的是受害者的视角.基拉尔的神话观为神话起源与文本分析提供了一种有效的解释框架,但同时也需注意到基拉尔的理论限度.     

Antisocial personality disorder comorbid with borderline pathology and psychopathy is associated with severe violence in a forensic sample

Background: Evidence suggests the relationship between personality disorder (PD) and violence in offenders might be clarified by considering sub-groups of PD offenders defined by patterns of PD comorbidity. Aim: to identify patterns of PD comorbidity associated with severe violence, defined by its severity, quantity and age of onset (Violence Index: VI) in a forensic sample of 100 PD offenders. Methods: Correlations were first computed between VI and a range of personality and criminological variables; next, patients with antisocial/borderline comorbidity were compared with other PD patients; finally, regression analysis was conducted to identify unique predictors of VI. Results: The antisocial deviance factor of psychopathy and antisocial/borderline comorbidity were each significantly and independently associated with severe violence. Patients showing both a high psychopathy score and antisocial/borderline comorbidity had a significantly greater VI than those without these characteristics. Conclusion: PD patients with high psychopathy co-occurring with borderline and antisocial PDs show a criminal profile characterised by a high degree of serious violence.     

Exploring the potential of stricter gun restrictions for people with serious mental illness to reduce homicide in the United States

This study explores the potential that current efforts to limit access to firearms for individuals with serious mental illness (SMI) have for reducing overall rates of murder by firearm in the United States. Official arrest, court and health records provided data on personal and offense characteristics of 95 individuals with SMI and 423 without, all of whom had been convicted of murder in the State of Indiana between 1990 and 2002. Bivariate analyses examined differences between the two groups and logistic regression models examined the relationship between SMI and offense characteristics. Compared to those without, a relatively small proportion of convicted murderers had a diagnosis indicating SMI. The presence of SMI was associated with reduced likelihood of targeting a stranger and was not associated with having multiple-victims or firearm use. Focusing on access to firearms exclusively by individuals with SMI will have little impact on multiple-victim or firearm-related homicides.     

Offenders as victims: post-traumatic stress disorder and substance use disorder among male prisoners

Background: Comorbid substance use disorder(s) and post-traumatic stress disorder (SUD-PTSD) is common among prisoners and linked to an increased risk of criminal recidivism; however, little is known about the characteristics of prisoners with this comorbidity. Aim: This study provides a preliminary examination of the clinical and criminal profile of male inmates with symptoms of SUD-PTSD, and examines whether this profile differs according to whether a person has experienced a trauma while in prison. Methods: Thirty male inmates from two correctional centres in Sydney, Australia, were recruited and assessed using a structured interview. Results: The sample reported extensive criminal, substance use and trauma histories. A history of substance dependence was almost universal (90%) and 56.7% met diagnostic criteria for PTSD with the remainder experiencing sub-threshold symptoms. Forty-three per cent reported a traumatic event while in prison. Those who had experienced trauma in prison, compared to those who had not, were more likely to nominate heroin as their main drug of concern and to be receiving drug treatment in prison. There was also a trend toward inmates who had experienced a trauma in prison being more likely than inmates who had no prison trauma to have experienced a physical assault. Conclusion: Male prisoners with SUD-PTSD are a high-needs group yet treatment responses are poor. Further research examining treatment options for this comorbidity may improve prisoner well-being and reduce recidivism.     

规范说之本质缺陷及其克服——以侵权责任法第79条为线索

通过解读侵权责任法第79条,不难发现受害人需要就加害人"违反管理规定,未对动物采取安全措施"这一要件承担证明责任。这种不合理分配证明责任的原因,在于解释者自觉或者不自觉地采用"规范说"理论。该理论在解释方法上以文义解释为主(偶尔采体系解释)。这一方法论上的局限引发了其他诸多问题,当被视为该理论的本质缺陷。当该理论被用于未考虑证明责任问题的实体法规范时,必然导致不合理的证明责任分配。对此的解决之道是,克服方法论上的局限,引入以规范目的为导向的体系解释方法,重新解读法条之间的意义关联,以确定法规范应然的"请求原因-抗辩-再抗辩"要件。这不仅有利于恰当解决证明责任问题,而且有助于证明责任理论的发展以及法解释学的进步。     

Serious Youth Violence and Innovative Prevention: On the Emerging Link Between Public Health and Criminology

It was not so long ago that scholarly writings pointed to the vast chasm that existed between criminal justice and public health approaches to understanding and controlling interpersonal violence. Other scholarship of the day examined how criminal justice and criminology could benefit from adopting elements of the public health approach. For sure, there still exist many differences in how the two disciplines approach the violence problem, but over the years there have been some promising developments at the intersection of public health and criminology. This paper surveys the evolving link between public health and criminology, with a special focus on serious youth violence. It is concerned with both research and practice and how these efforts—across primary, secondary, and tertiary prevention strategies—are contributing to improved public health-criminology collaborations or public health-influenced programs that have a discernable impact on youth violence.     

海岛主权争端适用有效控制规则的国内法逻辑

晚近国际法院的实践催生了海岛主权争端中适用有效控制规则的日渐成熟和完善,然而,海岛主权争端的复杂性,导致了适用有效控制规则中所考量的各种因素或者证据的权重和分量的不同。在理解国际法的财产权逻辑日渐成熟和被接受的情境下,理解海岛主权争端适用有效控制规则的国内法逻辑,即从国际法体系中的"国内法"因素、国际法体系中作为"事实"的国内法以及国际法院的司法中证据规则三个角度来诠释适用有效控制规则的国内法逻辑进路,将为理性理解有效控制规则提供另一种绵长的动力。主要海洋国家的海岛立法表达模式表明,有效控制规制的适用不仅受到不同海岛立法的表达模式的影响和制约,而且理解适用有效控制规则的国内法逻辑的务实措施是强化国内立法,且必须明确国内法表达的类型、特点与机制。中国同周边国家的海岛主权争端为深入和系统地审视有效控制规则提供了实践经验和依据,更为海岛主权争端适用有效控制规则提供了理论修订机会。就中国而言,在理解海岛主权争端适用有效控制规则的国内法表达上,一方面要展开海岛立法的顶层设计,另一方面要有选择地强化特定海岛的专门立法。     

中国共产党的三个历史决议与正确党史观的确立和发展

唯物史观是共产党人认识和把握人类社会发展规律的世界观和方法论,确立正确党史观就要以唯物史观为指导,运用辩证唯物主义与历史唯物主义认识和研究中国共产党的历史,从而得出正确的观点。中国共产党历来高度重视总结历史经验,在百年奋斗进程中形成了三个历史决议,一以贯之地坚持辩证唯物主义和历史唯物主义的理论与方法:用具体历史的、客观全面的、联系发展的观点来看待党的历史,准确把握党的历史发展的主题主线、主流本质,正确对待党在前进道路上的曲折;加强思想引导和理论辨析,澄清对党史中一些重大历史问题的模糊认识和片面理解;守正创新、正本清源、固本培元,系统总结党的历史经验。三个历史决议确立并不断丰富和发展了正确党史观。     

Twenty years of femicide in Milan: A retrospective medicolegal analysis

Femicide constitutes a leading cause of premature deaths for women, yet it has been the subject of limited research until recently. Enhanced data collection and analysis on killings of women and girls are necessary to understand and address this unrelenting phenomenon. This study examines all cases of female homicide encountered at the Institute of Legal Medicine of Milan (Italy) spanning from 1999 to 2019; data from 2020/2021 were shown separately given the bias that the forced cohabitation and stay at home during the lockdowns of the SARS-CoV-2 pandemic may represent regarding violence against women and femicide. In this study, specific factors were considered, including the age and nationality of the victims, the place of recovery of the bodies, the victim’s relationship to the perpetrator and the injuries they suffered. As a result, 200 female killings were found among the over 15,000 autopsies and 535 homicides investigated at the Institute of Legal Medicine of Milan from 1999 to 2019, representing an average of 9.5 femicides yearly. The majority of victims were Italian (74%) and half were aged between 18 and 49 years old. The killings were overwhelmingly committed in the domestic setting (78.5%) by male perpetrators (at least 85%), related to the victims as intimate or ex-intimate partners and members of the family (73.5%). The homicides were mainly perpetrated with sharp (32%) or blunt instruments (21.5%), shooting (18.5%) and asphyxiation (16.5%). This study is part of a growing effort to enhance data collection and analysis on femicide. Studying and monitoring the rates of femicide (or “femicide watch”) will permit to better understand, reduce, and finally end femicide globally.