Verba and Voluntas – Conflict of Laws in Interpretation of Contracts

This paper aims to describe an existing legal practice of contractual interpretation in Estonian legal order. In order to investigate the semiotic essence of contractual interpretation and its limits, this paper narrows its focus on a notion “conflict of laws” (as developed by Roberta Kevelson). By conflict of law is meant a depiction of incompatibility or conflict of co-existing legal practices, the conflict, which is both internal and external to Estonian legal system. From the inner perspective of Estonian legal order, the conflict of law is subsequently reduced to the conflict in law, and being analyzed on the grounds of contract law, the conflict of legal rules, in fact becomes a issue of contractual interpretation. It is claimed in this paper that there has been a fundamental incompatibility between objective and subjective approaches to interpretation of contracts. As later as 19th century, with the development of systematic legal science, an apparent confusion of objective and subjective approaches was becoming transformed into an open and growing system of law, based on a fusion of both methods. This paper lays theoretical grounds for a practical test, which could measure the exact level of legal integrity between different elements of legal system.     

Legal Responses and Sentencing in Murder Cases – A Comparison of Law and Judicial Reactions in India and Germany

While there are huge cultural, social and socio-legal differences between India and Germany, the sentencing laws of the two countries show a couple of similarities. In India and Germany alike, the substantive law makes only little specifications for the sentencing process. There are no sub-statutory sentencing guidelines, within the range provided by the penal codes the courts have a wide discretion in the sentencing process. It is, however, interesting to see that the courts exercise their discretion in similar ways which can specifically be observed in murder cases. The article describes the legal framework which is applicable in murder cases in India and Germany and compares the judicial decisions in selected cases: hold-up murder, sexually motivated murder, domestic violence killings and honor killings. The comparison gives evidence of the communicative function of punishment. After a serious crime like murder the public – typically well informed by the media, agitated and highly troubled – will in both countries only be settled by a judgment considered as fair, just and proportionate. Peace under the law and internal security, however, do not seem to be dependent on specific forms of punishment. Capital punishment and life imprisonment appear as penalties which may be necessary reactions to murder in a given cultural context, but which are not indispensable to a criminal justice system.     

E-Government users’ privacy and security concerns and availability of laws in Dubai

The purpose of the study was to review privacy and security concerns and their impact on e-government adoption in Dubai. The research analyzed the literature on e-government, security and privacy concerns of e-government adoption and the legislative provision relating to privacy and security protection. A survey on e-government user concerns on privacy, security and ease of use was also carried out. The data for the survey in this research were collected from 190 respondents in Dubai. The results of the analysis revealed that perceived security, privacy and perceived ease of use were important constructs in e-government adoption. The analysis of legal framework showed that the Federal Constitution, the Penal Code, the new Data Protection Act and the Computer Crime Act could be used to address various privacy and security concerns. Thus, it is important that the policy makers facilitate an appropriate awareness campaign of the existence of both information privacy and security to attract more participation towards the e-government services.     

Angels of mercy? The legal and professional implications of withdrawal of life-sustaining treatment by nurses in England and Wales

In circumstances where life-sustaining treatment appears merely to be drawing out the inevitable, it is usual practice for the healthcare team to withdraw aggressive life-sustaining measures, once agreement is reached with the patient and their family. Common law gives doctors several defences to allegations of criminality or malpractice in taking the key actions that withdraw treatment and result in the patient's death; however, the legal defensibility of nurses undertaking this role has not been explored. In the absence of a specific body of law related to nurses taking the actions that withdraw life-sustaining treatment, I discuss the probable legal response by considering parallel cases. Examining some of the circumstances in which doctors are allowed to take life, I argue that the legal dispensation by which doctors are permitted to perform these tasks rests largely on their identity as doctors rather than any distinctive feature of their activities themselves. This uniqueness means that medical law for nurses is quite distinct from that for doctors. While it may nevertheless give nurses practical exemption from the legal consequences of their actions in withdrawal, it depends upon a judicial view that nurses are instruments of doctors. This judicial position is at odds with nurses' professional responsibilities, which envisage them as independent professionals who are liable for their own actions, inviting potentially adverse consequences from their professional registrar.     

Role of drugs and alcohol in impaired drivers and fatally injured drivers in the Strathclyde police region of Scotland, 1995–1998

During the 4-year study period, 1995–1998, the Department of Forensic Medicine and Science, University of Glasgow received a total of 752 biological samples from drivers suspected of driving under the influence of drink and/or drugs in the Strathclyde region of Scotland. The majority of samples were blood and had been primarily obtained from males. Drugs were detected in 68 and 90% of blood and urine samples, respectively. Toxicological analyses revealed that cannabis was the most frequently encountered illegal drug which was detected in 39% of all drug positive blood samples. Benzodiazepines were detected in the majority of drug positive samples with 82% containing at least one member of this group. Polydrug use was prevalent, with the average number of drugs detected per sample increasing from 2.0 in 1995 to 3.1 in 1998. For comparison, the results of toxicological analyses from 151 fatally injured drivers are described. Although the majority of samples tested negative for the presence of drugs and alcohol, drugs were found to be present in 19% and alcohol was detected in 33%. As the majority of drugs had been prescribed or administered post-accident, this study shows that alcohol was the main causative factor conducive to fatal road traffic accidents.     

Space–Time Modeling of Insurgency and Counterinsurgency in Iraq

The US and its Coalition partners concluded combat operations in Iraq in August 2010. Rather surprisingly, little empirical evidence exists as to the factors that contributed to the ebb and flow in levels of violence and the emergence and disappearance of hot spots of hostilities during the campaign. Building upon a tradition of criminology scholarship, recent work demonstrates that Improvised Explosive Device (IED) attacks are clustered in space and time and that these trends decay in a manner similar to that observed in the spread of disease and crime. The current study extends this work by addressing a key potential correlate of these observed patterns across Iraq—namely, the timing and location of a variety of Coalition counterinsurgency (COIN) operations. This is achieved by assessing the co-evolving space–time distributions of insurgency and counterinsurgency in the first 6 months of 2005. To do so, we employ a novel analytic technique that helps us to assess the sequential relationship between these two event types. Our analyses suggest that the number of COIN operations that follow insurgent IED attacks (moderately) exceeds expectation (assuming that events are independent) for localities in the vicinity of an attack. This pattern is more consistent than is observed for the relationship in the opposite direction. The findings also suggest that less discriminatory COIN operations are associated with an elevated occurrence of subsequent insurgency in the vicinity of COIN operations in the medium to long term, whilst for more discriminatory and capacity-reducing COIN operations the reverse appears to be true.     

The Realism of Universals in Plato and Nyāya

It has become commonplace in introductions to Indian philosophy to construe Plato’s discussion of forms (εἶδος/ἰδέα) and the treatment in Nyāya and Vaiśeṣika of universals (sāmānya/jāti) as addressing the same philosophical issue, albeit in somewhat different ways. While such a comparison of the similarities and differences has interest and value as an initial reconnaissance of what each says about common properties, an examination of the roles that universals play in the rest of their philosophical enquiries vitiates this commonplace. This paper draws upon the primary texts to identify the following metaphysical, epistemological, semantic and soteriological roles that universals play in the philosophy of Plato and of Nyāya and Vaiśeṣika:

Metaphysical: causal of the existence of x Metaphysical: constitutive of the identity/essence of x Epistemological: cognitively causal (i.e. of the cognition of one over many) Epistemological: epistemically causal (i.e. of knowledge of x) Semantic: necessary condition of speech and reason Epistemological: vindicatory of induction (Nyāya only) Metaphysical: explanatory of causation (Nyāya only) Soteriological: cathartic contemplation (Plato only)

These roles provide us with motivations or reasons to believe that universals exist. As we examine these motivations, we find pressures mounting against our assimilating Platonic forms and the universals of Nyāya and Vaiśeṣika in the discourse about common properties. It is especially when we appreciate the utterly different contribution that universals make in securing our highest welfare that we realize how Plato and the two sister schools are not so much talking somewhat differently about the same thing, but talking somewhat similarly about different things. This better understanding of this difference in these philosophies opens a route for our better understanding of their unique contributions in the ongoing dialogue of philosophy.     

Prosecuting in paradise – race,politics and the rule of law in Fiji

This article looks at the violent coup in Fiji in 2000 led by George Speight in which the multiracial Government of Mahendra Chaudhary was overthrown. The article gives an insider's account of a subsequent criminal trial of some senior political figures who had supported Speight, including the Vice-President of Fiji. They were charged with taking treasonous oaths of office to serve in a rebel Government under Speight at a time when the legitimate Head of State, President Ratu Sir Kamasisi Mara, was struggling to prevent the nation from descending into total chaos and anarchy. The article considers how the trial had important ramifications for the rule of law in this developing south Pacific nation.     

Balancing autonomy and risk: a failure of nerve in England and Wales?

Specialised mental health legislation typically provides for the hospitalisation and treatment of those with mental disorders in the absence of their consent. The article examines the possible justifications for the existence of these special powers and argues that two of the most common justifications, the protection of the patient and the protection of others, do discriminate against those with a mental, as opposed to a physical, disorder. The relationship between mental health and mental capacity, or guardianship, legislation is then considered and possible ways forward are discussed with particular reference to the current reform debate in England and Wales.     

The Situation in Libya and the ICC’s Understanding of Complementarity in the Context of UNSC-Referred Cases

The PTCI’s decision on the admissibility of the case against Saif Al-Islam Gaddafi and the subsequent AC Judgement are the first expressions of the ICC’s understanding of complementarity in Article 13(b) cases. Admissibility decisions display how the ICC attempts to strike the balance between international justice and states’ right to exercise their territorial criminal jurisdiction. In relation to cases triggered by UNSC referrals, these decisions also mark the delicate moment in which the ICC’s interaction with the politics UNSC is unveiled. In the case against Saif Al-Islam Gaddafi the ICC seems to have taken deferent approach toward the highly authoritative mechanism that triggered the case. Legally speaking, these decisions might appear as a missed opportunity. They fail to provide a conclusive clarification of the parameters of the ‘same case’ test. First, the AC did not subscribe to the offence-specific interpretation of the ‘same conduct’ test embraced previously by PTCI and, in the name of consistency with the Court’s previous case law, reverted to the incident-specific approach adopted in Lubanga. However, the case-by-case approach adopted by the AC undermines the legal certainty that the AC meant to achieve in the definition of the admissibility test. Moreover, the AC has failed to appraise the PTCI’s conclusion that domestic implementation of international crimes is not necessary for the purposes of successfully challenging the admissibility of a case. Finally, in light of the constraints imposed by Article 17(2) on the relevance of due process violations, the PTCI’s decision to reject on the grounds of ‘inability’ as opposed to ‘unwillingness’, which again the AC did not consider, could be seen as evidence of a deferent stance toward the UNSC.     

Does context matter in academic entrepreneurship? The role of barriers and drivers in the regional and national context

With pressure on universities to better contribute to society, academic entrepreneurship is an increasingly recognised source of new knowledge and technologies as well as being a driver of the movement to a knowledge society. However, whilst growing, the level of academic entrepreneurship in Europe is still relatively low. Two reasons that are factors influencing this are inhibitors (barriers) and facilitators (drivers), however the understanding of how their interplay influences academic entrepreneurship, particularly across different context is lacking. For this reason, this study focussed on two environmental settings, European regions and countries, seeking to understand if it is the hurdle (barrier) or (and/or) tail-wind (drivers) that most impacts academic entrepreneurship and how does the regional or national context influence this. An online survey was translated into 22 languages and undertaken in 33 countries in Europe and the European Economic Area. From the original data set, 12 countries in four European regions provided a sample of 2925 responses, with a second step to focus on four ‘lead’ countries within those regions. The results show that there is a significant difference in the university-business cooperation barriers and drivers that effect academic entrepreneurship in the European regions. Furthermore, different barriers and drivers were found to significantly affect the four lead countries with barriers and drivers being able to provide a good explanation of the extent of academic entrepreneurship in the UK and Germany, and a limited explanation of entrepreneurial activity by Spanish and Polish academics. Overall the article contributes to the literature of resource-based theory and also the understanding of factors influencing European academic entrepreneurship.     

Differentials in overall and cause-specific mortality among infants born in and out of wedlock,Stockholm 1878–1925

This study investigates differentials in the decline of cause-specific infant mortality by marital status of the mother in Stockholm (1878–1925) and factors contributing to the explanation of these differentials using computerized records of individual entries from the Roteman Archives. Included in the analysis were 120,094 children less than 1 year of age who lived in Södermalm during this period. Cause-specific mortality rates were calculated for three time periods. Cox's regression analysis was used to study the relationship between overall and cause-specific risk of infant death and of being born in and out of wedlock in relation to a set of variables. Infant mortality rates and mortality risks were higher among children born out of rather than in wedlock. The most pronounced differentials in cause-specific mortality rates between these groups of children were seen in cases of diarrhea. The socioeconomic status of the household head and number of children in the household were statistically significant with infant mortality, but explain only part of the excess mortality risk of children born out of wedlock. In Stockholm at the turn of the 19th century being born out of wedlock was strongly associated with poor health outcomes, particularly in diarrheal diseases, pneumonia/bronchitis, and immaturity/congenital causes.     

Police Officers’ Perceptions of Body-Worn Cameras in Buffalo and Rochester

Police body-worn cameras have been advanced as a solution to disparate perceptions among the citizenry, public officials, community leaders, and the police themselves in the highly contested arena of police-citizen encounters. As with previous innovations in policing it is important that programs or policies developed for street-level application be planned in advance, and the opinions of police officers should be understood prior to implementation. This study provides survey responses from police officers in Buffalo and Rochester regarding their perceptions of body-worn cameras. Survey items were borrowed from prior research in Phoenix and Los Angeles. It also included items intended to measure the officer’s opinions about examining camera images prior to writing a report, an issue that is the subject of some disagreement among policy makers. Findings suggest similar attitudes toward body cameras not only among Buffalo and Rochester police officers, but also with police officers in other agencies. Almost all respondents agree or strongly agree that police officers should have the ability to review body camera images prior to writing a report. The policy implications of this finding are discussed.     

Are we becoming more violent? A comparison of trends in violent and property offenses in Australia and Western Australia

This paper examines Australian and West Australian trends in robbery, assault, and burglary. Police figures are contrasted with the results of Australian victimization surveys. The limitations of Australian victimization surveys are discussed. The results of Australian victimization surveys are contrasted with the results of the National Crime Survey in the United States and the International Crime Victim Survey. When all the qualifications are considered, it is concluded that there has been a trend upward in burglary and robbery prevalence and that this upward trend occurred mainly in the 1980s. However, because there is little evidence of a concomitant rise in the assault rate, the increasing prevalence of robbery and burglary is interpreted as reflecting social phenomena that are associated with acquisitiveness rather than aggressiveness. Other evidence pertaining to the level of violence in Australia is considered and it is concluded that this is insufficient to allow a conclusion that we are, as a nation, becoming more violent.