“不得”的逻辑——“规范性下降”命题的规范分析

法律用语中的规范词“不得”有其自身的逻辑。从“不得”出发,探究禁止性法律规范的内在结构,可以展现法律秩序的运作逻辑,揭示出隐藏在人类法律秩序变迁中规范性下降的历史规律。如果把秩序的实效与秩序的效力之间对比视为一个系数,那么这个系数在历史进程中是呈下降曲线的。早期法律制度的主要规范是禁止性规范,因此,与古代社会的理想追求相伴的是残酷的刑罚;而现代社会中,禁止性规范退居次席,权利和义务成为核心的规范纽带,与古代将违规者清除的制裁相比,现代法律秩序的规范性大大降低。这是历史进步的代价,也是历史发展的必然。     

欧盟461/2004反倾销规则研究

2004年3月,欧盟颁布了461/2004反倾销规则,该规则是对欧盟现行反倾销基本条例的最新补充.该规则对欧盟原反倾销法律实体和程序方面进行的修改,充分体现了近年来国际上关于反倾销立法的潮流:反倾销作为WTO允许的贸易保护手段,其立法既应保证反倾销措施能有效地得以实施也应不断保持透明度.欧盟461/2004反倾销规则在这方面值得包括中国在内的其他WTO成员国借鉴.     

城市犯罪的移动空间盲区及其综合治理

移动空间的依托——公共交通工具,是城市人的活动发生空间位移时的主要运载体,对其犯罪盲区实施科学的综合治理是防控城市公共交通载体犯罪的有效途径.移动空间是一种很特殊的空间实体,存在许多犯罪盲区的致盲因素.对移动空间盲区实施综合治理,既要注重对所有类型移动空间盲区的共性对策,也要注重不同类型移动空间盲区的综合治理各有侧重.     

Irish Unification After Brexit: Old and New Political Identities?

This article contends that the outcome of the prolonged dispute about the future constitutional status of Northern Ireland (NI) will be shaped by the emerging dynamic between ‘old’ and ‘new’ political identities in NI. The ‘old’ identities conceived political outcomes as defined by two monolithic ethno-cultural blocs: nationalism (alongside republicanism) and unionism (alongside loyalism). Nationalism and unionism formed the ‘two communities model’ of consociational governance enshrined in the Belfast/Good Friday Agreement (B/GFA). Today, despite the Agreement being in existence for over twenty years, growing numbers of citizens identify with neither ethno-cultural category. Recent elections indicate that more pluralistic ‘new’ political identities are gaining ground at the expense of traditional alignments. The implications for NI's constitutional future are likely to be profound. The emerging constituency of non-aligned voters will have a decisive impact on the final outcome of any border poll on Irish unification. Such voters typically support the cross-community Alliance Party, the Greens, or the left People Before Profit (PBP) party. Crucially, these parties are concerned as much with economic and social issues as constitutional questions. In the context of growing political fluidity, the result of any future border poll remains contingent.     

Defining the nation in Russia’s buffer zone: the politics of citizenship by birth on territory (jus soli) in Moldova,Azerbaijan, and Georgia

Citizenship by birth on territory (jus soli), versus by blood (jus sanguinis), is associated with liberal democracies and the Americas. Yet Azerbaijan and Moldova, part of the “buffer zone” between Russia and the West, have used unconditional jus soli. No such law exists in Europe or elsewhere in the post-Soviet space, including in Georgia, a third country that is part of this “buffer zone.” The three countries cannot forge closer links to the West due to Russia’s support of “frozen” separatist conflicts on their territories. The article finds that territorial citizenship in Azerbaijan and Moldova, as well as its absence in Georgia, are linked to territorial integrity concerns, a multi-century historical context that had thwarted or facilitated ethnic collective identity, and geopolitical fears of dual citizenship. Both authoritarian (Azerbaijan) and liberal-democratic (Moldova) states have used the resulting territorial concept of national identity to combat ethnic separatism, whereas Georgia remains an ethnocracy with difficulties integrating ethnic minorities.     

Developmental Validation of the ANDE 6C System for Rapid DNA Analysis of Forensic Casework and DVI Samples

A developmental validation was performed to demonstrate reliability, reproducibility, and robustness of the ANDE Rapid DNA Identification System for processing of crime scene and disaster victim identification (DVI) samples. A total of 1705 samples were evaluated, including blood, oral epithelial samples from drinking containers, samples on FTA and untreated paper, semen, bone, and soft tissues. This study was conducted to address the FBI’s Quality Assurance Standards on developmental validation and to accumulate data from a sufficient number of unique donors and sample types to meet NDIS submission requirements for acceptance of the ANDE Expert System for casework use. To date, no Expert System has been approved for such samples, but the results of this study demonstrated that the automated Expert System performs similarly to conventional laboratory data analysis. Furthermore, Rapid DNA analysis demonstrated accuracy, precision, resolution, concordance, and reproducibility that were comparable to conventional processing along with appropriate species specificity, limit of detection, performance in the presence of inhibitors. No lane-to-lane or run-to-run contamination was observed, and the system correctly identified the presence of mixtures. Taken together, the ANDE instrument, I-Chip consumable, FlexPlex chemistry (a 27-locus STR assay compatible with all widely used global loci, including the CODIS core 20 loci), and automated Expert System successfully processed and interpreted more than 1200 unique samples with over 99.99% concordant CODIS alleles. This extensive developmental validation data provides support for broad use of the system by agencies and accredited forensic laboratories in single-source suspect-evidence comparisons, local database searches, and DVI.     

Forensic touch DNA recovery from metal surfaces – A review

Trace evidence such as touch (also known as contact) DNA has probative value as a vital forensic investigative tool that can lead to the identification and apprehension of a criminal. While the volume of touch DNA evidence items submitted to forensic laboratories has significantly increased, recovery and amplification of DNA from these items, especially from metal surfaces, remains challenging. Currently little is understood with regards to the underlying mechanisms of metal-DNA interactions in the context of forensic science and how this may impact on DNA recovery. An increased understanding of these mechanisms would allow optimisation of methods to improve outcomes when sampling these materials. This paper reviews the basis of DNA binding to metal substrates, the merits and limitations of current methods and future perspectives of improving recovery and amplification of touch DNA from metal surfaces of forensic interest.     

Forms of Difference in Sorcières

Abstract

Art practice and organizing occupied a significant but precarious place in the groups and networks that made up the Mouvement de libération des femmes (MLF) in France during the 1970s. This was reflected in the relatively small amount of space allocated to analyzing the relationships between visual production and feminist politics in the art press and activist publications alike. There was, however, one significant exception to this general rule: the journal Sorcières (1975–1982) which, although a predominantly literary initiative, regularly featured original contributions by contemporary women artists working in the context of the MLF, as well as reviews of exhibitions and statements by practitioners. Sorcières was particularly invested in exploring notions of women’s difference and alternative expression, notably through écriture féminine. Yet the publication did not adopt an exclusively essentialist position, or focus on embodiment to the outright dismissal of materialist concerns. This openness is especially apparent in the journal’s engagement with visual art, resulting partly from the key contribution made by members of the Collectif Femmes/Art. Visual production, this article contends, thus played a key role in the exploration of various forms of difference across the pages of Sorcières.     

How Does Sustainability-Oriented Human Resource Management Work?: Examining Mediators on Organizational Performance

This study proposes a path model with a set of intermediary outcomes, namely, teamwork, employee satisfaction, and work motivation, to explain how the practices of sustainability-oriented HRM affect organizational performance. The analysis of 2015 Federal Employee Viewpoint Survey reveals that the three practices of sustainable management identified from the literature had indirect effects on organizational performance through a complex interaction among the three intermediate outcomes. In addition, it is found that diversity program has a negative total effect on performance. These findings imply that organizational justice and work/life balance program will lead to an increase in performance by strengthening the backbone of organization. Additionally, conducting the diversity programs for achieving democratic values may entail the cost of diminishing organizational performance probably in the short run.