The Law beneath Rights' Feet. Preliminary Investigation for a Study of the Charter of Fundamental Rights of the European Union

This article is meant as a philosophical preface to the study of the European Charter of Fundamental Rights. In particular, attention is focused on a particular legal positivistic reading of legislation as a political moment which would not allow for transcendental rights. This view is rejected by pointing out how much the notion of citizenship and consequently of fundamental rights is central for the democratic, and in some case even for the legal positivistic, celebration of legislation. In the last section a few conclusions are drawn as far as the scope of the Charter is concerned. In particular, any interpretation of it in the framework of the so–called regulatory paradigm (which gives up the democratic connection between deliberation and representation) is considered incoherent and self–defeating. In addition the principle of indivisibility of rights is evoked in defence of the validity of social rights within the Charter.     

行刑社会化的国际现状与我国发展的历史趋势

开展社区矫正试点工作,是我国对罪犯实行刑罚执行社会化改革的试点之一,也是我国现行刑罚执行制度的一个重要补充。国外刑罚执行社会化主要以教育刑思想为核心,保持较高的假释适用比率,挖掘开放式监狱的过渡功能,推行开放式处遇,保持罪犯矫正的社会参与,适用非监禁刑。我国监狱刑罚执行的重要目的之一在于改造罪犯,贯彻具有我国特色的行刑社会化,是探索完善刑罚执行制度,提高教育改造质量的需要。同时,也是中国刑事司法改革的重要内容。     

THE POLICY IMPACT OF NO-FAULT AUTOMOBILE INSURANCE

This study examines the impact of four different types of no-fault automobile insurance laws on the risk adjusted price of insurance. No-fault insurance plans are in operation in 23 states. Using data from 1976 to 1984 for 49 states, the study found that no-fault plans limiting litigation result in lower prices for automobile insurance. This relationship holds even under controls for several variables that also affect the price of automobile insurance.     

Government stewardship and primary health care in Guatemala since 1996

This article analyzes the role of government stewardship in the expansion of primary health care in post‐conflict Guatemala. By the time the Peace Accords were signed in 1996, the country's primary health care system was scarcely functioning with virtually no services available in rural indigenous areas. To address this gaping void/deficiency, the Ministry of Public Health and Social Assistance (MSPAS) embarked on a progressive expansion of primary services aimed at covering the majority of rural poor. Through a series of legal, policy, and program reforms up to 2014, the MSPAS dramatically expanded primary coverage and greatly improved basic health indicators for the entire population. To succeed in this effort, the MSPAS and its partners needed to simultaneously grow their stewardship capacity to oversee and develop the primary health system. On the basis of recent health systems strengthening literature, we propose a stewardship framework of 6 critical functions and use it to analyze the gains in government capacity that enabled the achievement of many of the country's primary health goals. Of the 6 stewardship functions, “building relationships, coalitions, and partnerships” especially with civil society organizations stands out as one of the keys to MSPAS success.     

“The Long and Winding Road”: A Comparative Policy Analysis of Multilevel Judicial Implementation of Work‒Life Balance in Spain

ABSTRACT

This article studies how processes of policy implementation and the impact of a multilevel European legal order shape social policies. By using an interdisciplinary approach to comparative policy analysis that investigates policy implementation through the critical study of judicial litigation, the article analyses the case of García Mateos on work?life balance in its different stages before Spanish and supranational courts. It shows that the implementation of work?life balance policy through litigation in Spain is a “long and winding road” paved with discursive and material opportunities and obstacles. While multiple pressures, actors, and framings at different governmental levels contributed to a favourable judicial decision on gender equality, norms about the gendered division of labour limited its transformative potential.     

Suicides in the young people of Geneva, Switzerland, from 1993 to 2002

Suicides in Geneva in those less than 25 years old, from 1993 to 2002, were reviewed. Scenes investigations, autopsy findings, toxicology results, and psychiatric history (when available) were examined. There were 65 cases. The average annual suicide rate was 11/100,000. Seventy-seven percent were male, and 23% were female. The youngest was 12 years old and most of the victims were 18 years old and over (89%). For men, the use of firearms was the most common method (38%), followed by fall from height (16%) and drowning (10%). For women, fall from height was the most frequent (40%), followed by firearms and medication overdoses (20% each), hanging (13%), and drowning (7%). Toxicological analysis was performed in 41% of the cases and showed that alcohol was present in 26% and other drugs in 67% of these cases. The most common drugs present were benzodiazepines, cannabis, and cocaine.     

FEAR OF CRIME AND VICTIMIZATION AMONG THE ELDERLY IN DIFFERENT TYPES OF COMMUNITIES*

The central issue examined here is the effect that community setting, relative to other factors, has on victimization and fear of crime among the elderly. Findings are from 1,410 in-home interviews in two retirement communities (age homogeneous) and two age-heterogeneous communities. Victimization of elderly is low in all communities, and although nearly half of the respondents have some fear of crime, the percentage reporting great fear of crime is low. Victimization and fear of crime are only weakly related to one another, and the regression model for each does not account for much variance. But both are significantly related to the type of community, and fear of crime is also related to other variables. The greater the age density of the community (greater concentration of elderly), the less crime and less fear of crime. Living arrangements, sociodemographic variables, and health status of the elderly as indicators of personal vulnerability to crime are not related to victimization, but are related to fear of crime, and effects of community setting on fear of crime are reduced when these other variables are taken into account. Suggestions for other, unmeasured, sources of variations and implications for future research are presented.     

Fatal intoxication with labetalol (Trandate)

The dead body of a 44-year-old woman, previously known for depression and alcoholism, has been discovered at her place of residence by her husband. A forensic autopsy has been carried out. The results indicated unspecific histological lesions (alveolar oedema, liver steatosis and interstitial nephritis) but did not reveal any apparent cause of death. Several boxes of medicines have been found near the body, justifying a toxicological analysis. This has been performed on peripheral blood and urine samples using liquid chromatography with diode array and mass spectrometric detections, in conjunction with gas chromatography coupled with mass spectrometry. Ethanol has been found (1.24 g/L in blood, 2.63 g/L in urine and 1.33 g/kg in gastric content), as well as therapeutic concentrations of meprobamate (14.1mg/L) and low concentrations of nordazepam (0.12 mg/L) in blood. On the other hand, particularly high levels of labetalol, a widely used beta-blocker, have been found both in blood (1.7 mg/L) and urine (20.2mg/L), which led us to measure labetalol levels in available viscera samples (liver, heart, kidney, and lung) and gastric content. Measured concentrations were 14.2 microg/g, 7.8 microg/g, 5.4 microg/g, 5.2 microg/g and 31.1 microg/g, respectively. We describe here the first report of a fatal intoxication attributed to labetalol that is linked to its acute toxicity, with tissue distribution of this beta-blocker.     

Sexually violent predator laws and the liberal state: an ominous threat to individual liberty

No other country has taken the idea of the liberal state - a government that relies on the rule of law to limit state power and maximize individual liberty - as seriously as the United States. But now many states are manipulating the government's civil commitment authority to indefinitely confine sex offenders who have served their criminal sentences and are entitled to their freedom in the community. This new system of preventive detention masquerading as civil commitment poses an ominous threat to individual liberty and to the continued vitality of the liberal state.