法律认知和法律原则：情感、效率与公平

情感、效率、公平是人们认知活动中惯常的三个进程。对应这三个进程,人们对法律的认知有一些基本的原则。这些认知互动既可能形成社会自发秩序,也可能为法学提供一个基于认知背景的分析框架,有助于法学应对实践问题。“公平主导”的一个简单回答是,面对不同场合,情感、效率、公平三种进程被激活的程度不同。大体上,家庭场合激活情感,工程场合激活效率,市场和法律则更激活公平。在实践中,公平主导的法律原则由于比较接近主流社会认知,所以法律规范在社会中往往可能“自执行”,无需全靠外界监督或者激励。公平原则也有其自身的局限。虽然规范和原则很重要,是社会秩序的母体。但是,公平原则并不能解决所有问题。缺乏制度上的法治,光靠情理法是不足的。所以现代社会形成了规则化解决纠纷的机制,这就是二阶意义上的法律。     

困境与出路:领域法理论下的警察法学发展

警察法学属于我国法律体系中不可或缺的板块,也是提升社会安全法治能力的理论抓手。遗憾的是,当前我国警察法学的发展深陷概念模糊化、体系碎片化、研究边缘化、教学粗浅化的困境,若不及时矫正,势必将警察法学的研究、教学和实践引入歧途。领域法是近年来新兴的法学理念,强调问题导向与解决策略,能有效融合法教义学与社科法学的思维特点。在领域法学的指引下,研究者需明确警察法学的领域概念,厘清警察法学的法律体系,夯实警察法学的理论体系,增加警察法学的实践色彩,强调在完善警察法学理论体系的同时,提升警察法学的实践与教学效用。     

The Politics of Security and Technology in Switzerland

Technologies play crucial roles in security politics. In a recent push to understand the dynamic interplay between technologies and politics, IR scholars increasingly draw on reflexive research traditions. The aim is to understand the social and political practices that influence the shape, design and use of security technologies instead of assuming that technologies have linear, independent effects on politics. This SPSR debate draws on this new perspective and applies it to topics salient in Swiss public debate. Its contributions analyze how cybersecurity, predictive policing, drones, artificial intelligence, targeted sanctions, urban design and spyware are deliberated, negotiated, programmed and critiqued in Switzerland. They chart different analytical avenues with which to address the recursive and non‐linear relationship between security politics and technologies, and, by familiarizing readers with the tenets and diversity of reflexive political science research, seek to give that longstanding scholarly research tradition better visibility in the Swiss political science community.     

From clean spaces to crime scenes: Exploring trace DNA recovery from titania-coated self-cleaning substrates

Titanium dioxide (titania, TiO₂) is frequently used as a coating for a variety of self-cleaning products, such as antifogging vehicle mirrors, ceramic tiles, and glass windows because of its distinct physiochemical features. When exposed to light TiO₂ causes photocatalytic decomposition of organic contaminants, potentially compromising DNA integrity. The impact of TiO₂-coated commercial glasses, Bioclean® and SaniTise™, on trace DNA persistence, recovery, and profiling was investigated. DNA in saliva and touch samples deposited on self-cleaning glass slides exposed to indoor fluorescent light for up to seven days was more degraded than control samples indicating some degree of fluorescent light-induced photocatalytic activity of the self-cleaning surfaces. When exposed to sunlight, DNA yields from saliva and touch samples deposited on the titania-coated substrates decreased rapidly, with a corresponding increase in DNA degradation. After three days no DNA samples applied to self-cleaning glass and exposed to natural sunlight yielded STR profiles. These results suggest that the photocatalytic activation of TiO₂ is the likely mechanism of action underlying the extreme DNA degradation on the Bioclean® and SaniTise™ glasses. Consequently, rapid sample collection and use may be warranted in casework scenarios involving TiO₂-coated materials.     

Women,Science and Culture: Science in the Nineteenth-century Periodical

The Victorian periodical press offers unique insights into many diverse areas of nineteenth-century experience, and the complex relations between gender, science and culture in particular, yet it has been consistently marginalized as a primary resource in academic study. The Science in the Nineteenth-century Periodical (SciPer) project at the universities of Sheffield and Leeds is creating a new point of access to a wide range of non-specialist periodicals across the century by means of a fully searchable electronic index. By detailing the entire contents of each journal, and not just those articles that have a clear scientific relevance, it becomes clear that science formed a fundamental and integral part of nineteenth-century culture. The electronic index, moreover, will include hypertext cross-reference links that will allow the user to identify a dialogic pattern of encounters between ostensibly diverse articles, rather than only to browse in a simple chronological mode. By adopting this innovative approach, the SciPer database will reveal the manifold intertextual relations between the fictional works of women writers like Elizabeth Gaskell and the scientific articles that often appeared in the pages of the same magazines, and will show that writers of both sexes and across several different genres actively engaged in vibrant interdisciplinary debates concerning scientific issues in a forum provided by the periodical. Although the SciPer database itself is not specifically focused on issues of gender, the index will include several periodicals aimed explicitly at a female readership and, by providing access to titles still rarely utilized in modern scholarship, it will offer further insights into the important contemporary debates about women and science, as well as the more subtle ways, in which gendered imagery was employed within scientific discourse. This article details some critical findings from Punch , The English Womans Domestic Magazine , Cornhill Magazine and the Review of Reviews .     

Scientific capacity building and the ontologies of herbal medicine in Ghana

Abstract

The Centre for Scientific Research into Plant Medicine, a large herbal medicine research center in Ghana, has received important research equipment and training through a transnational research collaboration involving the Japanese International Cooperation Agency. By situating this project in regional debates about traditional medicine research priorities and the ontologies of plant medicine, this article argues that the collaboration had the perceived effect of standardizing research practices oriented toward drug discovery rather than the rationalization of crude drug preparations. This shows that “capacity-building” components of research collaborations should not be taken as the transfer of neutral goods from one location to another. They are charged with the political potential to make crucial decisions about the objects of research in postcolonial Africa.     

Characteristics of Backspatter on the Firearm and Shooting Hand—An Experimental Analysis of Close‐range Gunshots

Contact and close‐range gunshot injuries can produce bloodstains on the shooting hand and weapon. In this study, backspatter was analyzed in experimental horizontal pistol shots into blood‐filled sponges. The shooting distances were set between 0 and 45 cm. With increasing shooting distance, there was a significant decrease in the degree of backspatter. Microspatter could be detected on the weapon and shooting hand up to a shooting distance of 40 cm. They were predominantly located on thumb and index finger as well as the radial dorsal aspects of the hand. Fine spray of microspatter combined with elongated droplets in the shape of exclamation marks was found at contact and 2‐cm distance shots. An angular calculation based on the shape of the bloodstains was possible up to a shooting distance of 2 cm. No bloodstains were detected beyond 45 cm.     

高等学校法学刑侦实验室建设模式的研究与探索

通过对高等院校法学刑侦实验室现状的分析研究,针对传统法学教学模式只注重法学理论、弱化实践性教学环节,导致学生操作能力不强的现状,紧紧围绕法学教学活动中以刑事侦查实践为中心,以提升学生的动手及适应社会能力水平为目的,夯实本科教学基础,提出以体验性模拟现场实景教学法为手段,构建合理的法学刑侦实验室建设的模式。     

科学技术是第一生产力学说的演变和发展

“科学技术是第一生产力”的学说,是邓小平对马列主义、毛泽东思想重大发展的内容之一。本文通过对马克思、恩格斯、列宁、毛泽东、邓小平和江泽民关于科学技术与生产力关系的论述,揭示了“科学技术是第一生产力”学说的演变、发展过程,具有一定的学术参考价值。