中——中国古代法文化之价值目标

中国古代文化源远流长,自成传统。与此相适应,中国古代法文化从内涵至源流都打了中国古代文化传统的烙印,从而形成了中国古代所特有的法文化传统。作为这种法文化传统之内在精神,亦即其灵魂,是儒家思想之精髓的"中道"理念。本文拟从"中"的文化与法文化内涵入手,考察作为价值目标与指导思想的"中"在中国古代法中的地位,从而对作为中国古代法文化之价值目标的"中"作一大致的展示。     

卡多佐司法均衡方法论——辅以孔子的中庸方法论为参照系

本文试图围绕法官在适用法律时是尽力维护现有司法的稳定性还是顺应时代革新而积极推动司法的变动性问题从方法论角度展开论述.而对于此美国著名大法官卡多佐有着创设性的见解,他研究问题的方法在一定层面上与孔子的"中庸方法"相似,即从思维方法论的角度出发,在诸多矛盾中研究什么是事物所处的最好状态以及如何达致这种最好的状态.这种方法能帮助我们在司法过程中寻求法律正义与社会道德规律之间的妥协,实现法律社会秩序的和谐发展.     

中庸之道与现代企业管理的维度

先秦儒家的中庸思想,具有丰富的辩证思维和处世哲学,中庸之道讲求行权达变,主张"中道",达到原则性和灵活性的有机统一。这对现代企业管理过程中协调和处理各种关系有较强的启发意义。     

The effects of base rate and cutoff point choice on commonly used measures of association and accuracy in recidivism research

Several measures of association and accuracy commonly used in the recidivism literature are examined for their sensitivity to variations in the proportion observed to recidivate (the base rate) and in the proportion selected for classification as recidivists (selection ratio). Logistic regression models are employed on a sample of 11,749 convicted offenders to generate predicted probabilities of four recidivism criteria varying in base rates from 0.06 to 0.48. Cutoff point selections from 0.1 to 0.9 show the effects of cutoff point changes on the following commonly used measures of association and accuracy: RIOC (relative improvement over chance), MCR (mean cost rating), Φ, γ, PRE (proportion reduction in error), and percentage correct. While all these statistics vary across base rate and cutoff points, some vary more than others: RIOC varies across cutoff points more than MCR, MCR more than Φ, and Φ more than γ. Researchers comparing such statistics across studies need be wary of the dangers of ignoring such variation.     

毛泽东对孔子中庸思想的评价及启示——以1936-1940年毛泽东相关思想为例

孔子的中庸思想已存在两千余年,作为传统文化的重要组成部分,既有积极因素,又有消极方面。毛泽东以一个马克思主义者的眼光对此作出了客观的评价,并加以批判继承,以指导我国的革命和建设。他这种客观公正对待传统文化的态度对当今社会主义文化建设具有重要的启示意义。     

A New Method to Pair‐match Metacarpals Using Bilateral Asymmetry and Shape Analysis

Matching pairs of skeletal elements is of fundamental importance when re‐associating skeletons from commingled settings. This study presents a new method that combines the use of traditional anthropometric size measurements and the analysis of shape, through geometric morphometrics, to form pairs from commingled settings. We tested the hypothesis that shape asymmetry among individuals is smaller than between individuals that share similar dimensions. The metacarpals were measured in their maximum length, and absolute means of asymmetry between right and left metacarpals were calculated. To analyze the shape characteristics, two‐dimensional landmarks were recorded from digital images of 111 metacarpals. The specimens were analyzed using generalized Procrustes analysis and multivariate statistics. The accuracy of pair‐matching bones using a combined method was of 100%, showing that the incorporation of geometric morphometrics techniques—in the assessment of shape in physical anthropology—is of particular use when comparing the shape differences/similarities between individuals.     

Quantification of Maxillary Dental Arcade Curvature and the Estimation of Biological Ancestry in Forensic Anthropology

Previous studies suggest that palate shape is a useful indicator of biological ancestry in human remains. This study evaluates interobserver error in ancestry estimation using palate shape and explores palate shape variation in Gullah (descendants of West Africans) and Seminole (Indigenous American) population samples using geometric morphometric analysis. Ten participants were asked to ascribe biological ancestry and shape to 28 dental casts based on a classification scheme employed in previous studies. The mean correct classification was 42.0%, indicating that the likelihood of assigning the correct ancestry is very poor and not significantly different from random assignment (p = 0.12). The accuracy analysis based on categorical classification of the casts was complemented by geometric morphometric analysis of nine 3D landmarks reflecting palate shape of 158 casts. Principal component analysis results show no difference between populations regarding palate shape, and cross‐validated discriminant function analysis correctly classified only 62.0% of the specimens. Combined, these results show that previous methods to estimate ancestry are inaccurate and that this inaccuracy is probably due to a lack of palate shape differences between groups, rather than limitation of the analytical method per se. Therefore, we recommend caution should be used when choosing to apply the analysis of palate shape in forensically relevant contexts.     

Human Identification via Lateral Patella Radiographs: A Validation Study,

This research examines the utility of patella outline shape for matching 3D scans of patellae to knee radiographs using elliptical Fourier analysis and subjective methods of human visual comparison of patellae across radiographs for identification purposes. Repeat radiographs were captured of cadaver's knees for visual comparison before patellae were extracted and skeletonized for quantitative comparisons. Quantitative methods provided significant narrowing down of the candidate pool to just a few potential matches (<5% of original sample), while the human analysts showed high capacity for correctly matching radiographs, irrespective of educational level (positive predictive value = 99.8%). The successful computerized matching based on a single quantified patella trait (outline shape) helps explain the potency achieved by subjective visual examination. This work adds to a growing body of studies demonstrating the value of single isolated infracranial bones for human identification via radiographic comparison.     

Quantification of Perspective‐Induced Shape Change of Clavicles at Radiography and 3D Scanning to Assist Human Identification

Change in perspective between antemortem and postmortem imaging sessions (radiograph to radiograph and surface scan to radiograph) may cause different 2D renderings of the same osseous element complicating comparisons for identification. In this study, clavicle shape changes due to radiographic positioning and 3D laser scanning were examined in 20 right‐side specimens, as pertinent to chest radiograph comparisons. Results indicate substantial changes in clavicle form with short source‐to‐image receptor distance, elevation of the element from the image receptor, and movement of the element away from the center beam (10% mean square for shape). Although quantitative shape differences were small when the clavicle was in close opposition to the image receptor (3% mean square), important qualitative differences remained with large distances from the center beam (e.g., conoid tubercle presence/absence). The significance of these results for image superimposition and computer‐automated‐shape‐based searches of radiographic libraries to find matching candidates is discussed.     

Distortion in Fingerprints: A Statistical Investigation using Shape Measurement Tools

Friction ridge impression appearance can be affected due to the type of surface touched and pressure exerted during deposition. Understanding the magnitude of alterations, regions affected, and systematic/detectable changes occurring would provide useful information. Geometric morphometric techniques were used to statistically characterize these changes. One hundred and fourteen prints were obtained from a single volunteer and impressed with heavy, normal, and light pressure on computer paper, soft gloss paper, 10‐print card stock, and retabs. Six hundred prints from 10 volunteers were rolled with heavy, normal, and light pressure on soft gloss paper and 10‐print card stock. Results indicate that while different substrates/pressure levels produced small systematic changes in fingerprints, the changes were small in magnitude: roughly the width of one ridge. There were no detectable changes in the degree of random variability of prints associated with either pressure or substrate. In conclusion, the prints transferred reliably regardless of pressure or substrate