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Tal Kastner 《Law & social inquiry》2010,35(3):793-823
This essay argues that the treatment of boilerplate as a distinct phenomenon in some contract scholarship sheds light on the way we imagine our social relations. In Omri Ben-Shahar's 2007 compilation, Boilerplate: The Foundation of Market Contracts, aspects of the traditional meeting-of-the-minds model persist, notwithstanding the move away from this framework indicated by the differentiation of boilerplate from traditional contract. Much boilerplate scholarship is informed by a narrative of agreement as an ideal involving agency, autonomy, and meaningful choice. Thus, in an age in which form language pervades American life, a narrative of genuine agreement continues to frame a conception of contractual relations. 相似文献
2.
Mohino Justes S Ortega-Monasterio L Planchat Teruel LM Cuquerella Fuentes A Talón Navarro T Macho Vives LJ 《Journal of forensic sciences》2004,49(1):137-140
This study investigated deliberate self-harm (DSH) in young inmates. The objectives are twofold: first, to identify the social and clinical characteristics of inmates who commit DSH; and secondly, to ascertain the types of personality who are vulnerable in order to be able to predict future inmates who may harm themselves. A cross-sectional design was used to study psychosocial correctional personality characteristics and clinical pictures in inmates with DSH versus a control group without DSH. The measures used to evaluate different variables were a standard protocol and a self-report questionnaire (MCMI-II). Although the two groups compared are homogeneous and similar in terms of different psychosocial variables, inmates with DSH presented a significant background of maltreatment. Borderline, passive-aggressive, and antisocial personality disorders best discriminated both groups. The detection of borderline, negativistic, and antisocial disorders may help the medical services of penitentiary centers to predict youths with a possible risk of DSH. Despite the results obtained, longitudinal studies are needed to help clarify other risk factors, as well as other risk factors leading to self-harm behavior. 相似文献
3.
Jeanne Lynch‐Aird M.Sc. Colin Moffatt Ph.D. Tal Simmons Ph.D. 《Journal of forensic sciences》2015,60(5):1155-1163
Accurate prediction of the postmortem interval requires an understanding of the decomposition process and the factors acting upon it. A controlled experiment, over 60 days at an outdoor site in the northwest of England, used 20 freshly killed pigs (Sus scrofa) as human analogues to study decomposition rate and pattern. Ten pigs were hung off the ground and ten placed on the surface. Observed differences in the decomposition pattern required a new decomposition scoring scale to be produced for the hanging pigs to enable comparisons with the surface pigs. The difference in the rate of decomposition between hanging and surface pigs was statistically significant (p = 0.001). Hanging pigs reached advanced decomposition stages sooner, but lagged behind during the early stages. This delay is believed to result from lower variety and quantity of insects, due to restricted beetle access to the aerial carcass, and/or writhing maggots falling from the carcass. 相似文献
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In some circumstances, the presence of adipocere may retard decomposition and complicate postmortem interval estimation. This article explores the correlation between Accumulated Degree Days (ADD) and early stage formation of adipocere. Sixty wild rabbit (Oryctolagus cuniculus) carcasses were used in this experiment; a control group (N = 30) deposited directly on the ground surface and an experimental group (N = 30) completely submersed in water in individual buckets. Data (water and inner body temperature, pH, and total body score) were collected every 100 ADD. Results indicated that early stage adipocere is correlated to ADD and that its formation on submersed remains is more likely to occur after 630 ADD. Skin sloughing promoted the formation of adipocere. No adipocere was formed on any of the control group rabbits. This study also highlights the fact that multiple factors influence adipocere formation and it is suggested that further research needs to be conducted into this area. 相似文献
5.
Although researchers have examined many aspects of fire modification, the rate and pattern of decomposition in charred remains have not been studied previously. This study utilized 48 domestic pigs, divided into 24 charred (head, neck, and limbs burned to Crow-Glassman level 1 and torso to level 2) and 24 un-charred pig carcasses. Decomposition of control carcasses was scored at 50 accumulated degree days (ADD) intervals, and charred carcasses were also observed and photographed at this time. A Charred Body Scale was subsequently created, and charred carcasses were scored retrospectively for the same ADD intervals. Analysis using a mixed-effect repeated measures model indicated that, while decomposition rate was not statistically different between the two groups (p = 0.2692), the charred remains initially displayed an ostensibly more advanced pattern. Body regions displaying significant charring decomposed at a faster rate (p < 0.001), while areas with very light levels of charring decomposed at a significantly slower rate (p < 0.001). 相似文献
6.
Lauren Troutman M.Sc. Colin Moffatt Ph.D. Tal Simmons Ph.D. 《Journal of forensic sciences》2014,59(3):621-626
Five pairs of mass graves, each containing carcasses of 21 rabbits, were used to examine differential decomposition at four locations within the burial: surface, deep, mid‐outer, and core. Every 100 accumulated degree days (ADD), a pair of graves was exhumed, and total body score (TBS) and internal carcass temperature of each rabbit were recorded. Decomposition did not differ for core‐ and deep‐positioned carcasses (p = 0.13); differences were significant (p < 0.001) for all other location comparisons. Decomposition occurred fastest in shallow carcasses, followed by mid‐outer carcasses; deep and core carcasses decomposed slowest and at rates not significantly different from one another. Adipocere formation was minimal and confined to deep carcasses. Carcass location within the mass grave significantly influenced internal carcass temperature (p < 0.001); a mean internal temperature difference of ca. 1°C existed between deep and shallow carcasses (30 cm apart). Effects of mass compactness and oxygenation require further investigation. 相似文献
7.
Scholars and pundits believe that Anwar Sadat went to war in October 1973 because Israel left him no choice. The Israeli government rejected his peace proposals during 1971–73, and Sadat initiated the war in order to demonstrate his refusal to agree to the status quo and to the continuation of the Israeli occupation of the territories it occupied in June 1967. However, when the peace treaty signed between Israel and Egypt in March 1979 is carefully studied, it appears the terms of the treaty were in fact much closer to the Israeli position and terms as presented before the 1973 war than to those set by Sadat. Careful reading of the relevant documents in general and Sadat's claims and arguments in particular will show that it was actually Sadat who needed the war, and he needed it not in order to force Israel into a political process, but for himself, so as to accept terms he could not accept without a war. 相似文献
8.
Is It the What or the How? The Roles of High‐Policing Tactics and Procedural Justice in Predicting Perceptions of Hostile Treatment: The Case of Security Checks at Ben‐Gurion Airport,Israel 下载免费PDF全文
What affects perceptions of hostile treatment by police, characterized by feelings such as humiliation and intimidation? Is it what the police do to the citizen, or is it about how they do it? The important effects of procedural justice are well documented in the policing literature. Yet, it is not clear how high‐policing tactics, coupled with procedural justice, affect one's sense of hostile treatment: is it the case that what the police do does not matter as long as they follow the principles of procedural justice, or do some invasive or unpleasant tactics produce negative emotions regardless of the amount of procedural justice displayed by the officer? In the present study we examine this question in the context of security checks at Ben‐Gurion Airport, Israel. Using a survey of 1,970 passengers, we find that the behavioral elements of procedural justice are an important antidote, mitigating the negative effects of four “extra” screening measures on the perceived hostility of the checks. At the same time, two security measures retain an independent and significant effect. We discuss the implications of our findings and hypothesize about the characteristics of policing practices that are less sensitive to procedural justice. 相似文献
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10.
The Effect of Paramilitary Protest Policing on Protestors' Trust in the Police: The Case of the “Occupy Israel” Movement 下载免费PDF全文
The use of paramilitary methods in civil policing tasks has become common in Western police agencies. Despite propositions that such methods should undermine the relationship between the police and the public, the effect of paramilitary policing on public trust in the police has not been empirically tested. In the present study, we examine this question in the context of protest policing, which has become a major concern for Western police agencies. Using a survey of 470 protesters who participated in “Occupy” protest events in Israel in 2012, we find that the perceived use of paramilitary methods has an independent and negative effect on trust, stronger than that of police effectiveness and the “neutrality” component of procedural justice. In‐depth interviews suggest that the significance of paramilitarism may be the result of a sense of alienation and criminalization it elicits among protesters who generally perceive themselves as law‐abiding citizens. 相似文献