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"Precedent" in the Narrative of Chinese Legal History
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作者 Wang Zhiqiang 《Social Sciences in China》 2011年第2期51-67,共17页
The traditional way of describing the history of Chinese law, i.e., fitting Chinese historical materials into the basic framework of the Western conceptual system needs to be thoroughly reconsidered. "Precedent" or ... The traditional way of describing the history of Chinese law, i.e., fitting Chinese historical materials into the basic framework of the Western conceptual system needs to be thoroughly reconsidered. "Precedent" or "NJfftJ" (panli), which has attracted academic attention both in China and abroad, can serve as an example in this regard. The concept '~N] fit]," which may have originated from Japanese kanji in the nineteenth century, was used to translate its Western counterpart. A review of the historical and modern practice of the Western European countries of England and France shows that precedent has always played an important role in achieving consensus in the legal community and guiding future rulings by means of case law. This function, which has something in common with the relevant portions of ancient Chinese legal institutions, can serve as a foundation for constructing a universal theoretical system. At the same time, the relevant Chinese institutions had specific institutional contexts and functions. By combining universal and specific functional analysis, "two-way functionalism" may be able to avoid the Western-centric approach and futile conceptual discrimination and turn towards the exploration and elucidation of functional issues, so as to eventually establish a new framework for the narrative of Chinese legal history. 展开更多
关键词 methodology of the science of legal history PRECEDENT FUNCTIONALISM
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Analysis of the testimonial evidence of Portugal's first major forensic case:part Ⅱ 被引量:1
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作者 Ricardo Jorge Dinis-Oliveira 《Forensic Sciences Research》 CSCD 2020年第4期266-285,共20页
The crime possibly perpetrated by a doctor named Vicente Urbino de Freitas in 1890 is one of the most famous cases of poisoning,and it had echoes in the Portuguese and foreign press for several decades.This prestigiou... The crime possibly perpetrated by a doctor named Vicente Urbino de Freitas in 1890 is one of the most famous cases of poisoning,and it had echoes in the Portuguese and foreign press for several decades.This prestigious doctor was convicted of the fatal poisoning of his nephew.He also attempted the homicide of two nieces and their mother-in-law,who only escaped because they obstinately refused to comply with the"therapeutics"prescribed by the family doctor.The motive of the crime should have been Vicente Urbino de Freitas'ambition to receive the family inheritance of his wife,the daughter of the well-known mer-chant Jose Antonio Sampaio of Flores Street in Porto.Vicente Urbino de Freitas was con-victed but doubt about his guilt persists for more than a century.This second work aimed to collect and analyse all the relevant and contradictory testimonial evidence of the prosecu-tion and defence witnesses.This case represents an odd historical record obtained through more than 12years of research on the first major significant Portuguese forensic case.Rare and unprecedented testimonial evidence and photographs were obtained from different countries and then repaired,since these also provide an important historical record of the medical photography. 展开更多
关键词 history of legal medicine forensic sciences forensic toxicology Vicente Urbino de Freitas Mário Guilherme Augusto de Sampaio testimonial evidence Flores Street
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Analysis of the autopsy,toxicological,and psychiatric reports of Portugal’s first major forensic case:partⅢ
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作者 Ricardo Jorge Dinis-Oliveira 《Forensic Sciences Research》 CSCD 2021年第4期250-272,共23页
This work presents an odd historical record obtained through more than 14 years of research regarding one of the first major european forensic cases.The presumed homicide of Mário Guilherme Augusto de Sampaio in ... This work presents an odd historical record obtained through more than 14 years of research regarding one of the first major european forensic cases.The presumed homicide of Mário Guilherme Augusto de Sampaio in 1890 was allegedly perpetrated by his uncle,the prestigious doctor vicente Urbino de Freitas.This famous poisoning had international repercussions for decades,with the participation of several forensic experts that made the history of forensic sciences,namely forensic toxicology and pathology.This third work aims to collect,restore,and analyse all the forensic evidence,particularly from the autopsy,toxicological,and psychiatric forensic reports.Facts regarding the life of vicente Urbino de Freitas during his exile in Brazil were also recovered,along with a vast and outstanding assortment of forensic medicine photographs from the 19th century. 展开更多
关键词 Forensic sciences forensic reports ALKALOIDS history of legal medicine Flores Street vicente Urbino de Freitas JoséAntónio de Sampaio Junior Mário Guilherme Augusto de Sampaio
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