利用网络言语特征刻画犯罪嫌疑人基本方法研究

随着网络语言广泛普及使用,犯罪言语呈现出网络言语独有特点。本文研究犯罪中的网络言语现象,揭示其个性化、形象化、口语化、符号化等特征,从语言学及鉴定学层面分析网络言语识别的可行性,并总结利用网络言语特征刻画犯罪嫌疑人性别、年龄、职业、民族、文化程度、心理的技术方法。     

美国总统眼中的宪法及其启示新论——以美国总统的施政演说为分析范本

分析美国总统的宪法观,不仅有重要的实践意义,而且有着多方面的理论价值。美国总统在施政演说中对宪法的论述与他们在就职演说中对宪法的论述,既有相同点,也有不同点,能给我们多方面启示,其中很重要的一点是更加注重宪法思维。这既要求明晰宪法思维的含义,又要求反思宪法角色。     

Behind a veil of secrecy: animal abuse,factory farms,and Ag-Gag legislation

Abstract

For years, animal rights organizations have sought to expose animal cruelty on America’s factory farms. With the meat and dairy industry inaccessible to the public, animal advocates rely on undercover investigators who gain access to farms by becoming employees. Working from the inside, these investigators become whistleblowers when they reveal animal cruelty unrelated to the already inhumane conditions of animal husbandry. An effective strategy that has exposed animal abuse as well as conditions threatening to public health, in recent years the agriculture industry has pressured legislatures to enact laws that criminalize photography at factory farms. Dubbed ‘Ag-Gag’ laws by critics, the emergence of legislation targeting animal rights advocates raises important questions relevant to animal welfare, animal rights activism, and freedom of speech. This paper exposes the failure of government institutions to protect animals on factory farms while simultaneously silencing what is currently the only available mechanism for Americans to learn about abuse on factory farms. It also explores the Constitutional implications of Ag-Gag laws. Not only are Ag-Gag laws presumptively unconstitutional, but with their enactment – animal welfare remains unchanged, the American consumer remains uninformed, and America’s factory farms are free to abuse animals behind a legal veil of secrecy.     

符号互动理论视野下的仇恨犯罪原因探析

与西方国家略有不同,我国的仇恨犯罪并非由宗教差异及宗族歧视等极端的社会矛盾引发,而是源于普通的社会矛盾。在仇恨犯罪发生之前,行为人往往处于冲突当中,由于主客观因素的综合作用,使得行为人将冲突理解为偏见、歧视、侮辱、嫉妒等。受这种心理状态的影响,行为人产生仇恨情绪,再加上我国传统复仇文化的刺激以及正当复仇途径受阻,最终导致了仇恨犯罪的发生。从这个意义上讲,行为人与被害人的不良互动是触发仇恨犯罪的重要原因。     

The changing face of protests in the digital age: on occupying cyberspace and Distributed-Denial-of-Services (DDoS) attacks

On 7th January 2013 the Anonymous hacking collective launched a White House petition asking the Obama administration to recognize DDoS¹1. Distributed Denial of Service attacks, thereafter referred to as DDoS attacks as a valid form of protest, similar to the Occupy protests. The ‘Occupy’ movement against financial inequality has become an international protest phenomenon stirring up the debate on the legal responses to acts of civil disobedience. At the same time, online attacks in the form of DDoS are considered by many as the digital counterparts of protesting. While the law generally acknowledges a certain level of protection for protesting as a manifestation of the rights to free speech and free assembly, it is still unclear whether DDoS attacks could qualify as free speech. This paper examines the analogies between offline protests and DDoS attacks, discusses legal responses in both cases and seeks to explore the scope for free speech protection.     

Proposing Problem-Based Learning for teaching future forensic speech scientists

In the last 10–15 years, Masters programmes and undergraduate modules have emerged in the UK that teach forensic speech science. Forensic speech science is the forensic subdiscipline concerned with analysing speech recordings, such as telephone calls of unknown speakers, when they arise as evidence. In order to answer questions surrounding the identity of the speakers in these recordings, forensic speech analysts draw on their expertise in phonetics and acoustics. Even though existing UK forensic speech science programmes do not claim to train students to a level where they are in a position to carry out real-life forensic casework, a proportion of the graduates from these programmes do go on to fill discipline-specific roles in security organisations or for private providers of forensic speech analysis. It is therefore surely in the community’s interests to review educational approaches to capitalise on the current training opportunities. This paper specifically proposes to explore the potential of a Problem-Based Learning (PBL) approach to forensic speech science teaching. PBL is a student-centred learning approach that heavily relies on the students’ independence in the solving of ill-structured problems. PBL has shown to be beneficial to programmes that directly lead on to discipline-specific professional roles, and has even become the standardised teaching approach in some of those areas (medicine being the flagship example). Given its reported success in other disciplines, the question arises as to whether PBL could bring similar benefits to prospective forensic speech practitioners and to forensic speech science as a whole.     

On Public Action

Abstract

This essay explores Hannah Arendt’s contribution to our understanding of the rhetorical as opposed to the aesthetic quality of public speech, with an emphasis upon her conception of opinion and glory. Arendt’s focus on the revelatory quality of public action in speech is widely understood to preclude or seriously limit its communicative aspect. I argue that this is a misunderstanding, and that accepting it would reduce speech not merely to the discussion of a sharply limited set of topics, but to no topics at all. Public action is speech that reveals the speaker as “answering, talking back and measuring up to whatever happened or was done.” Such revelatory speech is most appropriately judged by the standard of the glorious and the inglorious. Because such speech must inform as well as reveals, so does glorious or great speech rise to the level of greatness in part because of what is said, to whom, where, and how. Arendt’s understanding of this is shown to have significant parallels to the ordinary language philosophy of Stanley Cavell.     

言语识别技术发展的制约因素和破解途径

言语识别技术从产生至今已经得到了长足的发展。但是从当前言语识别技术本身及从事言语识别技术的人员来看,言语识别技术的发展和运用未能跟上信息化社会和司法实践的迫切需求。应更为深入而成熟地拓展和运用言语识别技术,以期解决影响和制约言语识别技术发展的相关因素。     

芥川奖获奖作品与女性话语的建构

芥川奖在1981年至2010年30年间共推出26名女作家,当代日本女性生存样态在女作家的笔下得到了淋漓尽致的展现。本文选择其中有代表性的文本,解读大道珠贵《咸味兜风》有悖伦常的身体交易中体味变味的爱;金原瞳的《蛇舌》在惊世骇俗的肉体改造中最终告白的爱的缺失;青山七惠《一个人的好天气》在与长辈女性的交往中表达了对爱的渴求。进而勾勒出女性话语的建构所经历的漫长、曲折乃至痛苦的过程。     

恶搞现象之法律透视

恶搞成了2006年中国最流行的词汇。从法律的角度审视,恶搞是公民行使言论自由这一宪法权利的一种具体形式,国家应当保障公民以恶搞这种方式充分行使言论自由权;同时,公民不得以恶搞的方式损害国家的、社会的、集体的利益和其他公民的合法的自由和权利。恶搞作品不是著作权法规定的演绎作品,而是滑稽模仿作品,它不侵犯被恶搞者的著作权。