The Powers of Application

This paper studies the formality of law and legal reasoning. It argues that, though the law (and its application) is indeed formal in that it does not take into account a significant number of considerations that should in principle be relevant for an all–things–considered decision, this is not to be explained on the basis of some ontology of rules (i.e., rules as exclusionary reasons), but upon the nature of legal discourse when viewed as a social practice. How the law is applied to particular cases, when substantive considerations not referred to by the rules are important enough to defeat their application to the case and questions of this kind are not answered by the legal material (which includes or might include rules, principles etc.), but by beliefs that underlie legal practice, beliefs about the world and its relation to human beings and society. Insofar as these beliefs have impact upon practices we recognise as legal they are termed "images of law." Legal reasoning cannot be understood without paying due attention to the nature and evolution of images of law.     

Everyday practices of humanitarian aid: tsunami response in Sri Lanka

This article underlines the importance of grounding the analysis of humanitarian aid in an understanding of everyday practice. It presents ethnographic vignettes illustrating three aspects of aid response in Sri Lanka following the tsunami disaster in 2004. The first deals with the nature of humanitarian actors, the second explores how different kinds of politics intertwine, and the third considers humanitarian partnerships. The authors discuss the need for a shift in current academic approaches, where discussions on humanitarian aid usually start from the level of principles rather than practice. They argue that accounts of the everyday practices and dilemmas faced by NGOs help to correct blind expectations, expose uncritical admiration, and put unrealistic critiques into perspective.     

中国的发展:一种新的进步观

根据会议程序,我最后一个发言,据此,我可以听到这次会议的很多东西,我确实也同意这些看法。我们知道,拉丁美洲有2.4亿贫困人口,对我们治理国家的能力来讲这是一个更大的考验。我们知道,在复杂和缺乏必要规则的国际经济领域,拉美与中国的贸易额达到700亿美元。我同意对拉美大陆与中国发展政治关系重要性的分析。因此,值此次关于当前拉丁美洲发生的变化和面临的机遇研讨会的召开,请允许我从大概不同的角度补充问题。一对双方必不可少的对话首先,我认为,中国与拉丁美洲和加勒比的对话对双方来讲都具有实质性意义。因为我们是在21世纪时期构建关…     

Towards virtuous and ethical organisational performance in the context of corruption: A case study in the public sector

With the increasing number of ethical violations reported across the public sector, the emphasis on ethics and values in governance is on the rise. Corruption is widely accepted as a form of unethical behaviour that can have detrimental effects on organisations as well as society at large. Research calls for empirical studies focusing on the contextual factors surrounding corruption. Based on the Contextually Based Human Resource Theory and using the case study method, this paper examines the role of context through a systematic analysis of corruption in a public sector organisation. We integrate corruption and human resource literature to understand employee behaviour, employee relations, HRM strategies, and organisational outcomes in the context of organisational corruption.     

Memories,Drama and Dreamers: Proposals to Address the Representation of the Latin World in the Face of the Telenovela Crisis

The broadcast of the Latin American telenovela in the United States has been approached from many perspectives. One approach is the study of how the Latin reality is perceived through stories, themes and iconographic elements. This article analyses the different forms of representation of reality as promotors of the identification, production of mental images and memory to maintain the interest of the spectators. A series of initiatives have been proposed so that the stories are more in line with the tastes and expectations of a complex, multicultural and multigenerational audience.     

DNA typing: an accessory evidence in doping control

A clear positive case for anabolic steroids doping was confounded by alleged urine tampering during doping control procedures. Review of the chain of custody showed no flaws, but nevertheless the athlete was adamant that the urine sample should be analyzed for DNA in order to support her contention that she was not the donor of the sample. The results obtained showed that the urine sample that scored positive for steroids contained nuclear DNA that could not be matched to the DNA obtained from the athlete's blood. On the other hand, the same urine sample contained mitochondrial DNA whose nucleotide sequences spanning the hyper variable regions HV1 and HV2 proved to be identical to those determined in mitochondrial DNA amplified from the athlete's blood. The occurrence of an extraneous genotype is compatible with exogenous nuclear DNA admixture to the athlete's urine. Alternatively, taking in consideration the mitochondrial DNA, we could not exclude that a sibling or a maternal relative of the athlete could have acted as a donor of the urine utilized for doping control and DNA analysis. Both situations point to possible tampering of the urine by the athlete. Adjudication at CAS maintained previous national and international federation decision that there was no proof of a chain of custody flaw to justify the athlete's allegation of urine substitution after collection.     

Unsuspected meningoencephalitis in a case of assault by blunt force trauma

Reported is a case of an assault causing extensive blunt force injuries in which the clinical, radiologic, and postmortem findings were all consistent with death resulting from brain damage arising from the assault. The assailant was charged with murder. Subsequent full neuropathologic (including histologic) examination revealed the unsuspected finding of a widespread meningoencephalitis but no evidence of significant traumatic brain damage. The contributions of the infective process and of the trauma to death were felt to be unclear and a guilty plea to attempted murder was accepted. This case highlights the importance of a full neuropathologic examination, including histology, in cases of trauma to the head, even when the cause of death may initially appear obvious.     

Policy Shocks: On the Legal Auspices of Latin American Migration to the United States

In this paper, I compare the transition into legal permanent residence (LPR) of Mexicans, Dominicans, and Nicaraguans. Dominicans had the highest likelihood of obtaining residence, mostly sponsored by parents and spouses. Mexicans had the lowest LPR transition rates and presented sharp gender differentials in modes: women mostly legalized through husbands while men were sponsored through IRCA, parents. Nicaraguans stood in-between, presenting few gender differences in rates and modes of transition and a heavy dependence on asylum and special provisions such as IRCA and NACARA. I argue these patterns stem from the interplay of conditions favoring the emigration of and the specific immigration policy context faced by migrant pioneers; the influence of social networks in reproducing the legal character of flows; and differences in the actual use of kinship ties as sponsors. I discuss the implications of these trends on the observed gendered patterns of migration from Latin America.     

Punish Once or Punish Twice: A Theory of the Use of Criminal Sanctions in Addition to Regulatory Penalties

Though clearly distinct in nature and procedure, both regulatoryagencies and courts frequently rely on similar instruments tosanction the same or very similar kinds of illegal behavior.In this article, we develop a theory of the use of criminalsanctions in addition to regulatory penalties. We show that,even though it is generally more effective to have a penaltyimposed by a regulatory agency rather than by the courts, undersome conditions it is optimal to have both. The article providesthree arguments: agency costs when delegating law enforcement,legal error, and collusion between a regulatory agency and anoffender. The objective of the article, though, is not limitedto the determination of the theoretical conditions that canmake the use of both sanctioning schemes optimal. Our analysisis also relevant to the application of a specific legal doctrine,the Double Jeopardy Clause.