This article utilizes the sexual offence reform in Australian Capital Territory, Tasmania, and Western Australia as a case study to critically examine the perils and causes of duplicate offences. For ...perils, this article demonstrates that the failure to abolish a lesser offence (ie the procurement by false pretence offence) that was rendered redundant by a statutory expansion of the primary offence (ie. rape vis-a-vis sex obtained by fraud) would create structural incoherency in the legal framework and impede the court from giving full effect to the plain words of the amended provision. For causes, this article identifies the positive but insufficient role of law reform commissions in ensuring appropriate treatment of the lesser duplicate offence by the legislature. The article proposes that law reform commissions should be more forcefully explicit when making recommendations relating to the abolishment of redundant offences.
Section 120 of the Hong Kong Crimes Ordinances- which traces its origin to the U.K. and which is replicated in several other English common law jurisdictions- criminalizes procurement of sexual acts ...through false representation. Recently, prosecutors used this provision to indict individuals who procured sexual acts on the pretext of performing luck-improving religious rituals. Beyond presenting the first-ever systematic examination of these intriguing fraudulent sex court cases, this Article makes two arguments. First, this Article explains how the strong skepticism, and at times, instinctive rejection by the judges of the purported religious proclamations not only confirm the scholarly concerns over the sincerity test in 'U.S. v. Ballard', but also demonstrates how the often-proposed solution of bench trials and other procedural safeguards is of limited efficacy to restrain religious bias. Second, by situating religious fraud with romantic fraud- both being frauds that raise serious conceptual difficulties in terms of objectively proving falsehood- this Article highlights that fraudulent sex criminalization is as much a regulation of fraud as it is a sexual offence. Thus, the inquiry should not only be sensitive to the different normative considerations that vary with the subject matter of the representations, but should also incorporate the economic literature regarding the impact of fraud on market dynamics in appreciating the unintended effects of the law and prosecutorial decisions.
In this article, I critically examine the evolution of fraudulent sex criminalisation in Singapore and make two contributions. First, I demonstrate that the major amendments to the relevant Penal ...Code provisions (ie, in 2007 and 2019) were made pursuant to an attempted importation of English legal provisions, without due regard to the synergetic relationship between the imported provisions and the existing provisions in both the Penal Code and the English statutes. Second, I normatively assess the 2019 reform. I argue that the 2019 reform is desirable for two reasons: (1) the reform finally brings the plain-wording of the statutory provisions in line with what the government is prepared to fully enforce; and (2) the ostensible decriminalisation of fraudulent sex is mitigated by the broadlyworded cheating offences and the undisturbed broad judicial interpretation of how “fear of injury” may vitiate sexual consent.
This article critically investigates the criminalisation of fraudulent sex across Australia's eight states and territories. Through situating the statutory definition of sexual consent alongside the ...respective treatment of the procurement offence (a sexual offence that punishes obtaining sex through any false representation), this article identifies the four distinct approaches of criminalising fraudulent sex and demonstrates the surprising stark divergence in legal outcomes. This article argues that the approaches adopted by half of the surveyed jurisdictions are flawed from the perspective of legislative design, and highlights the deficient legislative processes that failed to pay due regard to the procurement offence. In this regard, this article proposes statutory reform to enhance the coherency and clarity of fraudulent sex criminalisation.
With comparative case studies from China, Taiwan and Hong Kong, Jianlin Chen's new work offers a fresh, descriptive and normative perspective on law and religion. This presentation of the original ...Law and Religious Market Theory employs an interdisciplinary approach that sheds light on this subject for scholars in legal and sociological disciplines. It sets out the precise nature of religious competition envisaged by the current legal regimes in the three jurisdictions and analyses how certain restrictions on religious practices may facilitate normatively desirable market dynamics. This updated and invaluable resource provides a new and insightful investigation into this fascinating area of law and religion in Greater China today.
Intrinsically disordered proteins (IDPs) often fold into stable structures upon specific binding. The roles of residual structure of unbound IDPs in coupling binding and folding have been under much ...debate. While many studies emphasize the importance of conformational flexibility for IDP recognition, it was recently demonstrated that stabilization the N-terminal helix of intrinsically disordered ACTR accelerated its binding to another IDP, NCBD of the CREB-binding protein. To understand how enhancing ACTR helicity accelerates binding, we derived a series of topology-based coarse-grained models that mimicked various ACTR mutants with increasing helical contents and reproduced their NCBD binding affinities. Molecular dynamics simulations were then performed to sample hundreds of reversible coupled binding and folding transitions. The results show that increasing ACTR helicity does not alter the baseline mechanism of synergistic folding, which continues to follow “extended conformational selection” with multiple stages of selection and induced folding. Importantly, these coarse-grained models, while only calibrated based on binding thermodynamics, recapitulate the observed kinetic acceleration with increasing ACTR helicity. However, the residual helices do not enhance the association kinetics via more efficient seeding of productive collisions. Instead, they allow the nonspecific collision complexes to evolve more efficiently into the final bound and folded state, which is the primary source of accelerated association kinetics. Meanwhile, reduced dissociation kinetics with increasing ACTR helicity can be directly attributed to smaller entropic cost of forming the bound state. Altogether, this study provides important mechanistic insights into how residual structure may modulate thermodynamics and kinetics of IDP interactions.
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•Mechanistic roles of residual structure in IDP binding remain intensely debated.•Topology-based modeling recapitulates increasing ACTR helicity enhances binding rate.•Residual helices mainly promote more efficient folding following binding.•Efficient folding upon binding is critical for achieving fast IDP association kinetics
•The methods of geological investigation, 3D scanning and CT scanning were adopted.•Natural structures of columnar jointed rock mass were investigated.•P-wave velocities of large scale columnar ...jointed basalt cores were tested.•Relationship between P-wave anisotropy and columnar joint was determined.•Distribution of internal implicit joint and its affect to anisotropy were analyzed.
Researches about the structural characteristics of rock mass are the basis for understanding their failure modes, mechanism properties as well as evaluation of structural stability during the process of excavation. Natural columnar jointed basalt has complex structures and exhibits remarkable anisotropy and size effect. In this study, the observation window method was firstly applied to describe the natural columnar joints and pillar shapes at engineering scale and then the structural characteristics of columnar joints were analyzed. The roughness of columnar joints scanned from large-size rock core obtained at drainage tunnel #1-1 was secondly investigated based on the 3D scanning method. Some techniques, such as field statistical analysis and CT scanning were used to analyse the characteristics of internal implicit joints in columnar jointed basalt. Thirdly, the large scale columnar jointed basalt cores were tested by P-wave, which assisted to investigating the anisotropy of columnar jointed basalt. The experimental and analytical results indicate that, at the engineering scale, natural columnar jointed basalt is heterogeneous, exhibiting the features of mosaic structure and mainly quadrilateral in shape. At the large-size rock core scale, the roughness of columnar joints is low with the value of 5.558. At the basalt column scale, the internal implicit joints are not randomly distributed, instead, showing obvious tendency. The internal implicit joints and columnar joints are important factors contributing to the special failure mode of columnar jointed basalt. At the rock core scale, with increasing angle between the P-wave propagation direction and column, the anisotropy of columnar jointed basalt core gradually increases and the degree of anisotropy is proportional to the number of columnar joints. The internal implicit joints could also affect the P-wave anisotropy of basalt column and the results in this study can provide some references for projects related to columnar jointed rock mass.
Whether the crust of southern Tibet has been thickened during the Eocene and if so, the mechanisms of crustal thickening in this region need to be further investigated. This study presents ...geochronological and geochemical data for Eocene (45–41 Ma) granitic plutons, including the Aima diorites in the eastern part and Huo'er pluton (granites and mafic enclaves) in the western part of the southern Lhasa subterrane. The Aima diorites show adakitic affinities, such as moderate SiO2 contents and relatively high Sr/Y values, with depleted 87Sr/86Sr(i) (0.704039–0.704054), εNd(t) (+2.9 to + 3.3) isotopic compositions, indicating that they are derived from a juvenile continental crust. The Huo'er host granites have high SiO2 and low MgO contents. Meanwhile, they are characterized by the enriched initial 87Sr/86Sr(i) (0.707899–0.708618), εNd(t) (from − 6.4 to − 5.3) and variable zircon εHf(t) (from − 6.8 to + 5.0) values. These geochemical characteristics and the presence of mafic enclaves demonstrate that the Huo'er host granites were the result of melting of crust (both ancient and juvenile) of southern Lhasa subterrane with the involvement of mantle-derived materials. The Huo'er mafic enclaves display an igneous texture and contain acicular apatite, suggesting that they are quenching of mafic magmas that have co-mingled with the host granites. The mafic enclaves have arc-like trace-element patterns, together with their enriched 87Sr/86Sr(i) (0.707608–0.707826), εNd(t) (from − 4.8 to − 4.6) and zircon εHf(t) (from − 4.0 to − 1.7) isotopes, revealing that they were derived from an enriched lithospheric mantle source. Taking the regional tectonic evolution into consideration, we propose that the Eocene Aima diorites and Huo'er pluton are the products of the last stage of magmatism related to break-off of the subducted Neo-Tethyan oceanic slab. Our study of these two plutons, along with results from previous studies, suggests that the crust of the southern Lhasa subterrane was thickened during the Eocene. The thickened crust was mainly caused by underplating of mafic magmas and, to a lesser extent, by thrust-related accretion of continental crust of the Indian terrane to the Lhasa terrane. We further propose that the Eocene thickened crust of southern Lhasa subterrane has triggered the surface uplift of this region during the Eocene, which may have non-negligible impact on the Cenozoic evolution of the Indian Monsoon system.
•The Eocene Aima diorites and Huo'er pluton were in response to the slab break-off.•The crust of the southern Lhasa subterrane became thickened during the Eocene.•Magma underplating and accretion of Indian crust contributed to crustal thickening.•The Eocene surface uplift is synchronous with intensification of the Indian Monsoon.
This paper presents a study of the late Cenozoic Chifeng basalts (CBs) of NE China, including their olivine He isotopic compositions, whole‐rock major‐ and trace‐element contents, and whole‐rock ...Sr–Nd–Hf–Pb–Mo isotopic compositions, with the aim of constraining their mantle source. Results show that the basalts have high MgO, low CaO contents, and high FeOT/MnO values, which indicate that their mantle lithology was most likely pyroxenite. The CBs also exhibit ocean‐island‐basalt‐like trace‐element patterns (e.g., enrichment in light rare earth elements and high‐field‐strength elements) and have depleted Sr–Nd–Hf and relatively radiogenic Pb isotopic compositions, requiring both depleted and enriched components in their mantle. The low olivine He (3He/4He = 0.8–5.5 Ra) and whole‐rock Mo (δ98/95Mo = −0.71‰ to −0.18‰) isotopic values of the CBs, together with geophysical evidence, indicate that the rocks were derived from a depleted MORB mantle (DMM) enriched by recycled oceanic crust that was sourced from the mantle transition zone (MTZ). During the late Cenozoic, ascending wet mantle plumes triggered by dehydration of a stagnant Pacific oceanic slab are inferred to have transported preexisting recycled Pacific oceanic crust from the MTZ into the overlying asthenosphere mantle. The upwelling Pacific oceanic crust reacted with asthenospheric mantle peridotite (i.e., DMM) to produce mantle pyroxenite, whose partial melting at shallow depths generated the CBs. Considering the low δ98/95Mo values of both the CBs and coeval potassic basalts from NE China, we speculate that there may be a low δ98/95Mo reservoir in the MTZ beneath NE China.
Key Points
The Chifeng basalts (CBs) exhibit relatively low 3He/4He ratios ranging from 0.8 to 5.5 Ra
The mantle source end‐members of CBs were the depleted mid‐ocean‐ridge basalt mantle and recycled oceanic crust
A low δ98/95Mo reservoir is inferred in the mantle transition zone beneath NE China
Recent studies indicate that the mantle source of eastern Lhasa terrane was still depleted during the late stage of oceanic subduction (100–50 Ma). However, the mantle source beneath the western ...Lhasa terrane during this period was poorly constrained mainly due to the rare exposure of mafic rocks in this region. Here, we report the detailed petrological, geochronological, geochemical, and Sr–Nd–Hf–Pb isotopic data for recently identified gabbroic rocks in the Taruocuo area, western Lhasa terrane, southern Tibet. The zircon U-Pb dating results indicate that the Taruocuo gabbroic rocks were emplaced during the Late Cretaceous (~90 Ma). These gabbroic rocks have low SiO2 (50.9–55.0 wt%), and moderately high MgO (4.10–5.60 wt%) contents with arc-like trace-element patterns, such as enrichment in large ion lithophile elements, light rare earth elements, and depletion in high field strength elements. Meanwhile, they have high Th/La, low Ba/La values, and exhibit relatively enriched and uniform Sr–Nd–Hf–Pb isotopic compositions (87Sr/86Sr(i) = 0.7048–0.7058, εNd(t) = −1.8 to −1.2, εHf(t) = +3.1 to +3.8, and 206Pb/204Pb = 18.60 to 18.66). Such geochemical features of the Taruocuo gabbroic rocks suggest that they would originate from an enriched and fertile mantle source that was generated by the metasomatic reaction between the mantle wedge peridotite and the subducted Neo-Tethyan oceanic sediment-derived melts. Taking the regional tectonic evolution into consideration, we favor the model of Neo-Tethyan oceanic-ridge subduction having taken place to account for the Late Cretaceous (~90 Ma) magmatic event in the Lhasa terrane. Under such geological background, partial melting of this enriched mantle would have produced the Taruocuo gabbroic rocks in the western Lhasa terrane. Given that the Late Cretaceous Taruocuo gabbroic rocks have the relatively enriched Sr–Nd–Hf isotopic compositions, distinctive from the contemporaneous mafic rocks in the eastern Lhasa terrane that have the depleted Sr–Nd–Hf isotopic compositions, we propose that the mantle source beneath the Lhasa terrane was probably isotopically segmented during the Late Cretaceous (~90 Ma).
•The newly-discovered Taruocuo gabbroic rocks were developed at ~90 Ma.•The mantle source of Taruocuo gabbroic rocks was enriched by sediment-derived melts.•The mantle beneath the Lhasa terrane was segmented during the Late Cretaceous.
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