数字时代司法责任伦理之守正

在数字化浪潮下,司法活动呈现出"去责任化"的趋势,具体表现为责任感的缺失和责任推诿的加剧,因而亟待法学界对司法责任伦理予以革新。数字技术导致司法责任消解的机理是复杂和多元的,主要源于其兼具权威性与非权威性、确定性与不确定性、机械性与能动性等多重面孔。当前我国司法工作中的数字技术主要被应用于证据指引系统、风险评估工具、在线诉讼平台的开发等事项上,这些领域也是司法责任伦理冲突最为激烈的场域。数字时代应当坚守人本主义司法责任伦理,准确界定机器、技术人员、系统部署者与司法官的责任框架,在拥抱技术的同时树立科学的责任观,借助数字技术建立和完善符合时代特征的司法责任体系。     

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.     

The final destination: Incorporating ‘Death by GPS’ into forensic and legal sciences

This article seeks to give visibility to a growing program: Motorists who set out for travel following directions from their GPS device and never return. These occurrences have gained the moniker ‘Death by GPS’. From giving incorrect directions, to taking motorists to isolated areas, to directing motorists into unsafe neighborhoods, GPS technology has led several people into catastrophic scenarios. This article is split into two sections. In the first section, the varying causes of Death by GPS are examined, alongside notable cases. In the second section, as Death by GPS is understudied in forensic science and legal spaces, the author explores the societal and scientific benefits of filling this gap. Relying on relevant collision figures, cultural trends, death science, legal studies, and ethics literature, this article produces groundwork on the growing issue of Death by GPS and identifies areas for future exploration.     

Shifting forensic science focus from means to purpose: A path forward for the discipline?

Forensic science is facing a persistent crisis that is often addressed by organizational responses, with a strong focus on the improvement and standardisation of means and processes. However, organisations and processes are highly dependent on the political, economical and legal structures in which they operate. This may explain why most proposed solutions had difficulties in addressing the crisis up to now, as they could hardly be applied transversally to all forensic science models. Moreover, new tools and technologies are continuously developed by a quasi-infinite number of different scientific disciplines, thus leading to further diversity and fragmentation of forensic science. In this paper, it is proposed to shift the focus from means to purpose and consider forensic science current challenges in terms of discipline, before addressing organisations’ specific issues. As a distinct discipline, forensic science can refocus research and development on shared principles and purposes, such as reconstructing, monitoring, and preventing crime and security issues. This focus change will facilitate a better understanding of the trace as the object of study of forensic science and eventually lead to a more impactful and long-lasting effect. This approach will also foster the development of a forensic science culture (instead of a primarily technological culture) unified by purpose rather than means through more relevant education and research.     

The History and Future Trends of ART Medicine and Law

The Assisted Reproductive Technologies (“ART”) have resulted in over eight million births to date, heralding remarkable advances in reproductive medicine with a transformational impact on both medicine and law. The effects have been acutely felt on the modern family, as well as on a myriad of areas of legal practice—including Family Law, Estate Planning, Contract, Health, Constitutional, Criminal, Discrimination, Tort Law and, for international arrangements, Immigration and Citizenship laws. This article examines the historical context, present impact, and future trends of ART and the Law. Its purpose is to help better understand these unique developments in order to help law and policy makers harness and craft the policies and frameworks that will be needed to monitor, shape and guide these remarkable possibilities for participants, professionals, law and society.     

中职学校教师的资源共享平台建设

在先进的网络技术支持下,构建一个教师的资源共享平台,有效地实现对知识的收集与存储、交流与共享、评价与创新。让中职学校的教师们形成一个知识团队,摆脱教学困境,发挥集体智慧的力量去实现教育目标。     

Constructing an electronic fieldwork diary (EFWD) using OneNote

A fieldwork diary (FWD) is a useful tool for capturing and reflecting on fieldwork experiences, triangulating ideas, and inciting creative thinking. Traditionally, a FWD has involved handwritten notes; however, constructing an electronic fieldwork diary (EFWD) means that notes can involve multimedia content, data can be coded and easily searched, accessed on various portable devices, and securely protected and backed up. This article shares lessons learnt from creating an EFWD using OneNote, including structuring and organising the diary, writing fieldwork notes, and tips for coding. An EFWD can be a useful tool for social science researchers or development practitioners undertaking fieldwork.     

工业4.0背景下德国应对3D打印技术的法政策学分析——兼论我国对3D打印技术的法政策路径选择

3D打印技术作为工业4.0中实现"智能生产"和"智能工厂"的方式,是促进我国制造业转型的重要路径。通过对德国政府应对3D打印技术发展所制订的科技政策和法律政策的分析,欲促进我国3D打印技术快速发展,提升我国3D打印产业的国际竞争力,首先,应通过制定和完善与3D打印有关的科技政策,引导科研资源和资本向3D打印产业分流;其次,应通过对现行相关法律的解释、归纳和演绎,寻求应对3D打印技术发展的法律适用的空间;此外,在政策的制定与法律适用的过程中,需要选择符合我国国情的3D打印技术保护标准和创新发展之路径。     

Dodging the Donor Daddy Drama: Creating a Model Statute for Determining Parental Status of Known Sperm Donors

Despite recent innovations in alternative reproduction technology and the increased use of artificial insemination procedures, courts and legislatures have been unable to develop a clear and consistent test to establish the parental rights and obligations of sperm donors. As a result, there are mixed outcomes in cases where intended parents seek child support from an unsuspecting donor or when donors petition the court for visitation with their biological children. This Note seeks to resolve the ambiguity in determining sperm donors’ parental status by proposing a model state statute that makes nonpaternity the default rule. Under the statute, sperm donors would not be subject to any of the parental rights or obligations of a traditional biological father. However, the presumption of nonpaternity could be overcome if the parties agree, in writing, prior to the insemination. Further, the model statute provides an exception to the default rule if the donor has played an active role in the child's life. Adopting this model statute will not only facilitate a market for sperm donation but also make donor rights and obligations clear from the onset.

Key Points for the Family Court Community
• Today, infants born using artificial reproduction technology (ART) represent more than one percent of children born in the United States annually.
• When a donor is anonymous, the law is clear: the donor is not a legal parent. However, the law regarding known donors is less straightforward. Depending on the state and the particular circumstances, the parental status of a known donor is questionable.
• The ambiguity in the law creates confusion and disagreement among the parties in a donor agreement. By comparing factually similar cases, in which courts interpreted donor statutes with identical language, in completely opposite ways, it is easy to see the unpredictability in ART cases.
• The proposed model statute provides unambiguous legislation that sets out a clear standard to be used in determining the parental status of known donors. If adopted by state legislatures, courts across the country would finally have a consistent rule to apply, leading to less confusion and contradictory rulings.
• The key issue is honoring intentional parentage and the proactive choice to use ART to have a child on one's own terms.

     

Theorizing Gender and Musical Composition in the Computerized Classroom

Classroom The increased use of information technology in schools is generally perceived as a positive, dynamic step into the future. By providing IT facilities for all children throughout their education we are affording them access to a wider range of career opportunities and educational experiences. Feminists have long debated the extent to which technology can be exclusionary for women because of its construction as a masculine domain, emphasizing 'masculine' characteristics of mastery, skill and control. By focusing on the music classroom, Armstrong explores gender and the compositional process and the effects of an overtly technological approach to composition. In the early part of the essay, she draws on Sherry Turkle's early work based on observations of male and female computer programmers. Despite observing a variety of computational styles Turkle concluded that, although technology allowed for this diversity, computer culture did not, noting that many females preferred a style that did not favour the canonical, plan-oriented, abstract thinkers who 'constitute an epistemological elite'. In her own research, Armstrong found that girls often became alienated from their own creative work because the culture of the music classroom appears to privilege a particular style of working. By focusing on the singing voice and the corporeal, Armstrong draws on aspects of cyberfeminism to illustrate how girls can transcend and subvert this masculine culture.