数字证据的程序法定位--技术、经济视角的法律分析

基于证据在程序中的重要地位以及证据与社会发展息息相关的紧密关联,要促进程序法在数字时代的发展,首先要研究的便是数字技术对包括民事、行政、刑事证据在内的程序证据制度的影响.使用"计算机证据"、"电子证据"概念并不能科学地归纳出这种证据的内涵,而"数字证据"概念则更符合其本质特征.在证据类型上,数字证据与书证、视听资料等已有证据类型颇不相同,是一种新的独立的证据类型,并且,在证据规则上,数字证据具有与其数字技术特性相应的新规则.     

Distanced suffering: photographed suffering and the construction of white in/vulnerability

There has been much debate about the ethics and effectiveness of the circulation of photographs of suffering. An analysis of commentaries and reviews of such photographs shows that the genre interpellates a particular spectator, for whom the “distance” of suffering is viewed from a comfortable centre. This mode of spectatorship is identifiable as “white” in its claim to unmarked privilege. The photographs threaten to destabilise this unmarked privilege in potentially productive ways, but the reproduction of colonial viewing relations means that whiteness remains centred. The paper concludes by attempting to destabilise the centre by bringing the discussion of the relation between suffering and sovereignty closer to “home”.     

Finding Politics in Cinema: The Portuguese Democratic Transition

Taking into account the political and social transformations initiated by the 1974 April revolution and the process of democratic transition, this article analyzes the political context and issues registered in documentary films in the period 1974–76. In their own way, documentary films carried a certain cultural praxis and social memory through the variety of symbols, beliefs, values, attitudes, and discourses that lay within these documentaries, allowing us to evaluate the dynamics of both power and legitimacy implicit in political culture. This article will focus on the cultural and political implications of documentary films on political theory in regards to the Portuguese democratic transition.     

Ernest Cole: the perspective of time

Ernest Cole’s photographs reveal the contradictions and paradoxes of apartheid South Africa. At a very young age, and with little formal instruction Cole instinctively produced a significant documentary photo-book titled House of Bondage (1967). This article makes a close reading of some of Ernest Cole’s photographs in relation to the historical circumstances of apartheid and how they can be perceived through the lens of hindsight in postapartheid South Africa. The work offers a potent argument for the power of perception to uncover overlooked moments of the period. As an African, Cole’s photographs construct a narrative of apartheid from the position of an “invisible” black insider. In so doing, they tellingly reveal how he used the system of apartheid to his own advantage in his photographic practice. His photographs ask us to consider his modus operandi and the courage it took to make them at that time, offering the opportunity to behold moments that cut across gaps of space and time.