作为一个偶然地区性事件的正当程序革命

沃伦1953年被任命为美国联邦最高法院大法官是一个普通的政治任命。正当程序革命是一个意外进入的时代。沃伦法院成员都是普通公民,而绝非圣贤。在美国深深的卷入越战的大背景下,美国国内兴起了浩大的民权运动。沃伦法院在刑事领域的正当程序革命和当时的时势互相借力,将六十年代演化为一个革命时代。中国刑事诉讼改革以正当程序革命为精神激励,圣化沃伦革命,意在矫枉过正,但可能带来逆向的反弹。     

Secular Change in Morphological Pelvic Traits used for Sex Estimation

This research evaluates secular change in Phenice's (Am J Phys Anthropol, 30, 1969 and 297) three morphological traits of the pubis, as described by Klales et al. (Am J Phys Anthropol, 149, 2012 and 104): medial aspect of the ischio‐pubic ramus, subpubic contour, and ventral arc. Ordinal scores were collected for these traits and compared between a sample of innominates from the historical Hamann–Todd Collection (n = 170) and modern Bass Donated Collection (n = 129). Using the Freeman–Halton test, significant differences between temporal sample score frequencies were found for all traits in females and for the subpubic contour and ventral arc in males. Despite these findings, classification accuracy using logistic regression between the temporal periods remained low (68.7%). These results suggest that secular changes in trait expression are occurring; however, sex estimation methods using these traits and created with historical samples are still applicable to modern forensic cases. In fact, the secular changes occurring in these traits contribute to better classification accuracy between sexes in modern populations.     

The Dangerous Ideal of Autonomy

The ideal of autonomy has a positive and a negative aim. Its positive aim is to create the conditions in which more and more people can be more and more autonomous. Its negative aim is to prevent actions that cause serious harm and are normally both immoral and criminal. These two aims are incompatible. Increasing autonomy increases the frequency of crimes and decreasing the frequency of crimes requires decreasing autonomy. The incompatibility of these two aims has radical implications for much current thinking about criminal justice.     

Learning under the cross: legal challenges to ‘cultural–religious symbolism’ in public schools

This article examines the nature and scope of the legal challenges mounted against religious symbolism in European public schools. It discusses religion in education and the relationship between Church and State in European societies. The European Court is defining what counts as a religious symbol through a secular lens and while the court upholds the right to hold a religious belief it qualifies this right to manifest belief in public. This article argues that the courts should be more accommodating in their approach towards the public manifestation of religious beliefs and traditions.     

16～17世纪老挝世俗文学及其特点

16～17世纪是老挝世俗文学的蓬勃发展时期,出现了长篇叙事诗、寓言、诗体小说、纪事体散文等文学体裁,并涌现出大量的优秀文学作品。这些作品在内容和形式上与印度文学和佛教文学相互渗透融合,呈现出佛教化、民族化、同质化等特点。作品既充盈着浓厚的佛教色彩,又贯穿着老挝本土的伦理文化和道德文明。     

Shifts in religiosity in the face of Soviet type urbanization: the case of Lithuania

This article focuses on shifts in religious life triggered by the processes of Soviet urbanization in Lithuania, a country with a strong agricultural character. Based on an analysis of diverse sources, it explores the turning point of contemporary religious history in Lithuania during the1960s, which was connected primarily with the massive displacement of people meant to transform the traditional way of life in the Lithuanian countryside. The article argues that the main result of this displacement was not so much the collapse of religious life, as was intended by the Soviet authorities, but rather the dislocation of its center from the countryside to the cities.     

What's so ‘religious’ about ‘religious terrorism’?

This article assesses the validity of the concept of ‘religious terrorism’ and its consequences for research and policy practices. It explores the origins, assumptions and primary arguments of the term and subjects them to an analytical assessment. It argues that the distinctions typically drawn between ‘religious’ and ‘secular’ terrorism are problematic, both conceptually and empirically, and that the term is misleading in its typical assumptions about the motives, causes and behaviour of groups classified as ‘religious terrorist’. In particular, it shows that the behaviour of those thus labelled is so diverse, and often so indistinguishable from their ‘secular’ counterparts, that the term has little meaning without further qualification, while simultaneously obscuring important aspects of both ‘religious’ and ‘secular’ violence. It then goes on to illustrate how the term, rooted in a particular historically situated understanding of religion and a particular set of power structures, serves as a disciplinary device to domesticate ‘political religion’, delegitimising certain actors while legitimising a number of highly contentious counterterrorist practices designed to deal with those described as ‘religious terrorists’. The article ends with some suggestions for alternative ways to study the role of beliefs and institutional structures, religious or otherwise, in producing political violence.     

Size and Shape Differences in the Distal Femur and Proximal Tibia between Normal Weight and Obese American Whites

This study tests for differences in articular and diaphyseal size and shape of the distal femur and proximal tibia between normal weight and obese individuals, and discusses the effects of obesity on the patterns of sexual dimorphism and secular change in the skeletal morphology of the knee. Measurements of the femur and tibia were recorded for 143 American White adult males and females born in the 20th century. The sample was divided into normal and obese weight categories based on the body mass index. Results show differences between normal weight and obese individuals in the size and shape of the femoral shaft and the medial side of the knee joint, none of which affect the pattern of sexual dimorphism. While changes in skeletal morphology associated with obesity may be observed in recent secular changes, its role is still unclear because of the relatively recent increase in obesity prevalence.     

A Bayesian Approach to Age Estimation in Modern Americans from the Clavicle*

Abstract: Clavicles from 1289 individuals from cohorts spanning the 20th century were scored with two scoring systems. Transition analysis and Bayesian statistics were used to obtain robust age ranges that are less sensitive to the effects of age mimicry and developmental outliers than age ranges obtained using a percentile approach. Observer error tests showed that a simple three‐phase scoring system proved the least subjective, while retaining accuracy levels. Additionally, significant sexual dimorphism was detected in the onset of fusion, with women commencing fusion at least a year earlier than men (women transition to fusion at approximately 15 years of age and men at 16 years). Significant secular trends were apparent in the onset of skeletal maturation, with modern Americans transitioning to fusion approximately 4 years earlier than early 20th century Americans and 3.5 years earlier than Korean War era Americans. These results underscore the importance of using modern standards to estimate age in modern individuals.     

The lessons of the ‘Nookat events’: central government,local officials and religious protests in Kyrgyzstan

As Muslim communities reassert themselves in public life across the world, including Central Asia, their actions are causing tension in relations with ‘secular’ governments. Various global theories have been offered to explain these dynamics. According to one theory, tension between religious communities and secular states is caused by the exclusion or marginalization of Muslims, a process exacerbated by the perceived anti-Muslim bias in the foreign- and domestic-security policies of Central Asian states. A second view is that tension results from the work of global extremist groups espousing the restoration of an Islamic Caliphate. The third approach presents the rising tension as part of a broader trend: a putative clash of Western and Muslim civilizations. This article challenges these theories by using a case study of a Muslim grassroots protest in Kyrgyzstan to highlight the importance of local politics, namely informal arrangements among local officials, power brokers and community members. In so doing, it seeks to make a contribution to theorizing Muslim–state relations in Central Asia.