Analysis of the testimonial evidence of Portugal’s first major forensic case: part II

The crime possibly perpetrated by a doctor named Vicente Urbino de Freitas in 1890 is one of the most famous cases of poisoning, and it had echoes in the Portuguese and foreign press for several decades. This prestigious doctor was convicted of the fatal poisoning of his nephew. He also attempted the homicide of two nieces and their mother-in-law, who only escaped because they obstinately refused to comply with the “therapeutics” prescribed by the family doctor. The motive of the crime should have been Vicente Urbino de Freitas’ ambition to receive the family inheritance of his wife, the daughter of the well-known merchant José António Sampaio of Flores Street in Porto. Vicente Urbino de Freitas was convicted but doubt about his guilt persists for more than a century. This second work aimed to collect and analyse all the relevant and contradictory testimonial evidence of the prosecution and defence witnesses. This case represents an odd historical record obtained through more than 12 years of research on the first major significant Portuguese forensic case. Rare and unprecedented testimonial evidence and photographs were obtained from different countries and then repaired, since these also provide an important historical record of the medical photography.     

Inside Lobbying on the Regulation of New Plant Breeding Techniques in the European Union: Determinants of Venue Choices

In July 2018, the Court of Justice of the European Union decided that new plant breeding techniques (NPBTs) fall within the scope of the restrictive provisions on genetically modified organisms (GMOs). Previously, various actors had lobbied in order to influence the European Union’s (EU’s) regulatory decision on NPBTs. This study examines the venue choices taken by Cibus, a biotech company that promoted NPBT deregulation. It shows that the firm bypassed the EU level and that it lobbied competent authorities (CAs) in certain member states to gain support for the deregulation of NPBTs. Cibus chose the CAs because their institutional “closedness” reduced the risk of the debate over the deregulation of NPBTs becoming public. However, the CA’s specific competences and their influence on EU decision making were of likewise importance. The firm lobbied CAs based in Finland, Germany, Ireland, Sweden, Spain, and the United Kingdom. Two factors appear to have influenced Cibus’ choices for these countries: high‐level political support for agribiotech and the high relevance of biotech sectors. In contrast, public support for GMOs turned out to have hardly any influence, and virtually no association could be observed for the agricultural application of biotechnology in the past nor for the weakness of domestic anti‐GMO lobby groups. Finally, the in‐depth study on Germany affirms that “closedness” was important for Cibus’ choices and reveals that technical information served as a venue‐internal factor that influenced the firm’s choices.     

The Political Viability of Carbon Pricing: Policy Design and Framing in British Columbia and California

The adoption of climate policies with visible, substantial costs for households is uncommon because of expected political backlash, but British Columbia's carbon tax and California's cap‐and‐trade program imposed such costs and still survived vigorous opposition. To explain these outcomes, this article tests hypotheses concerning policy design, framing, energy prices, and elections. It conducts universalizing and variation‐finding comparisons across three subcases in the two jurisdictions and uses primary sources to carry out process tracing involving mechanisms of public opinion and elite position‐taking. The article finds strong support for the timing of independent energy price changes, exogenous causes of election results, reducing the visibility of carbon pricing, and using public‐benefit justifications, as well as some support for making concessions to voters. By contrast, the effects of the use of revenue, industry exemptions/compensations, and making polluters pay are not uniform, because the effects of revenue use depend on how it is embedded in coalition building efforts and a middle path between exempting or compensating industry and burdening it appears to be more effective than pursuing just one or the other approach.     

西部大开发的内在动力源泉探析

大力发展西部民营经济,加大对西部大多数国有中小企业的非国有化改革力度,加快对西部国有大中型企业的现代企业制度改革,使西部各种所有制经济共同繁荣发展,是西部大开发内在动力的源泉所在。     

日本内缘婚制度研究

日本内缘婚又被称为事实婚姻,产生于19世纪后期日本民法典颁布之后,并随着日本社会的发展而处于不断的演变之中。从内缘保护的法的形成、内缘关系成立的要件及内缘婚的法律效果三个方面来看,中日两国的事实婚姻制度既具有相同之处,也有不同的地方。     

Political Ideology,Political Party,and Support for Greater Federal Spending on Environmental Protection in the United States: Evidence from the General Social Surveys, 1993–2018

This paper focuses on the effects of political ideology and party affiliation on support for more government spending on environmental protection. Pooled‐sample results show that Liberals (Democrats) are more likely to support higher government spending on environmental protection than Moderates (Independents), who, in turn, are more likely to support higher spending levels than Conservatives (Republicans). The results persist even when we control for respondents' opinions concerning whether the federal government, in general, does too little or too much. When stratifying by party, ideological divisions generally narrow, while stratifying by ideology leads to slightly wider divisions between Democrats and Republicans. Together, these results suggest that when Liberals and Conservatives form opinions about government spending on the environment, party affiliation, to some degree, dampens the effects of ideology. Between 2014 and 2018 the probability of supporting more environmental spending increased, albeit slightly, for all ideologies and parties, but more so for Liberals and Democrats.     

Alternatives to the constitution of Cádiz in New Spain: republicanism and the insurgent constitutional decree of Apatzingán (1814)

This article compares the Decreto Constitucional para la libertad de la América Mexicana, published in Apatzingán by the insurgents of New Spain in 1814, with the 1812 Constitution of Cádiz which established a constitutional monarchy in the Spanish Empire. It argues that the Decreto Constitucional cannot be understood as simply a product of Hispanic political thought and a reflection of the Cádiz text. Rather, it contends that the decree published in Apatzingán represents an alternative republican response to the dissolution of the Spanish monarchy. This alternate constitutional settlement drew on the debate of constitutional ideas that had taken place in New Spain since 1808 and was grounded in many of the same ideas as those present in the Pennsylvanian Constitution of 1776 and the first French republican constitutions of 1793 and 1795.     

法律解释的去理论化与立场转换——认知心理学的启示

学界提出的各种法律解释理论不仅仅在规范层面上无法自圆其说,同时也无法对法院的解释实践作出准确的描述。尽管针对美国联邦最高法院的经验研究表明法院的法律解释实践趋向于新文本主义和法律实用主义,但这些经验研究却没有证明法官遵循了这些解释理论。在对法律解释去理论化之后,如何看待实践中存在的"微观不一致与宏观一致"需要一种立场转换,即关注作为解释主体的法官的认知过程。