Book reviews

Journal of Chinese Political Science -     

Will the law come running? The potential role of "brain fingerprinting" in crime investigation and adjudication in Australia

A major feature of the Australian criminal justice system is that jurors assess witness credibility and are the ultimate finders of fact. Recognising the occasional fallibility of humans in detecting truth and deception, the jury's function may be assisted by highly regulated expert evidence about a variety of scientific techniques. A recent scientific development has been the invention of "brain fingerprinting" (BF) by Dr Larry Farwell in the United States. Brain fingerprinting measures brainwave functioning to detect awareness of crime-relevant information in order to distinguish between guilty and innocent suspects. This article considers whether BF could be used for crime investigation and adjudication in Australia. By examining the rules of expert evidence and the principles relating to "novel scientific evidence", the admissibility of BF in the various Australian jurisdictions is evaluated. The utility of BF in criminal investigations and counter-terrorism initiatives is also canvassed. The authors conclude that, at the present time, it is unlikely that expert testimony on BF will be admitted in Australian criminal trials. However, the technique potentially offers other benefits to the criminal justice system, thereby warranting its consideration as a "criminal and investigative tool of the future".     

A Psychoecological Model of Academic Performance Among Hispanic Adolescents

Although the number of students who complete high school continues to rise, dramatic differences in school success remain across racial/ethnic groups. The current study addressed Hispanic adolescents’ academic performance by investigating the relationships of parental involvement, culturally responsive teaching, sense of school belonging, and academic self-efficacy and academic performance. Participants were 478 (51.5% female) Hispanic 7th graders in the US-Mexico borderlands. Based on Bronfenbrenner’s ecological systems theory, a structural model was tested. Results showed that the proposed model was supported by demonstrating significant indirect effects of parental involvement, culturally responsive teaching, and sense of school belonging on academic performance. Furthermore, academic self-efficacy was found to mediate the relationships between parental involvement, culturally responsive teaching, and sense of school belonging and academic performance. The current study provides a useful psychoecological model to inform educators and psychologists who seek to meet the needs of Hispanic students.     

Marine bacterial succession as a potential indicator of postmortem submersion interval

The process of decomposition of bodies in the marine environment is poorly understood and almost nothing is currently known about the microorganisms involved. This study aimed to investigate the microbes involved in decomposition in the sea and to evaluate the potential use of marine bacterial succession for postmortem submersion interval (PMSI) estimation, for which there is currently no reliable method. Partial pig remains were completely submerged during autumn and winter and were regularly sampled to document marine bacterial colonisation and the changes in community composition over time. Five stages of decomposition were recognised, some of which exhibited characters specific for partial carrion. Marine bacteria rapidly colonised the submerged remains in a successional manner. Seasonal differences were observed for the rate of decomposition and also for several groups of colonising bacteria. Marine bacteria specific for particular PMSIs were identified. This study provides an insight into the involvement of saprophytic marine bacteria in the decomposition of mammalian remains in the sea and is the first to explore the use of marine bacterial colonisation and succession as a novel tool for PMSI estimation. We propose that with further study, marine bacterial succession will prove useful for determination of the length of time a body may have been immersed in a marine environment.     

On Naturalizing Jurisprudence: Some Comments on Brian Leiter’s View of What Jurisprudence Should Become

In a series of powerful and challenging articles emerging since the mid-1990s, Brian Leiter has argued that certain theoretical strains in contemporary legal philosophy are ‘epistemologically bankrupt’, in virtue of their reliance on misguided argumentative devices: analysing concepts, such as the concepts of law and of authority; and doing so by appealing to intuitions regarding the correct way to understand the concepts in question. In response to this state of affairs, Leiter advocates that jurisprudence ought to attempt to catch-up with ‘naturalistic’ developments which have influenced the direction of other branches of philosophy – such as epistemology, philosophy of mind, and moral philosophy – in the last few decades. This article offers a critical analysis of some of Leiter’s proposals for what Jurisprudence should become, in light of his views on the relevance of naturalism for this discipline.     

Industrial safety: The political challenge∗

The Philosophical Origins of Modern Contract Doctrine. JAMES GORDLEY. Oxford. 1991. The Clarendon Press. 263 pp. £35 hb; £16.99 pb.

A History of the Anglo‐American Common Law of Contract. KEVIN M. TEEVEN. New York. 1990. Greenwood Press, xii + 382 pp.

Legal Fiction: Law in the Novels of Nineteenth Century Women Novelists. KATHLEEN LONCAR. London. 1995. Minerva Press. 266pp. (inc Index). £7.99 pb. ISBN 1 85863 668 X.

Adversaria: Literature and Law. E.J. HINZ, T. ANDERSON AND A. McGILLIVRAY (eds.) [Special Issue of Mosaic: A Journal for the Interdisciplinary Study of Literature, vol.27 no.4 ‐ December 1994] Winnipeg. 1994. University of Manitoba, ix + 230 pp. $20 pb. ISSN 0027–1276.

The Independence of the Judiciary. The View from the Lord Chancellor's Office. ROBERT STEVENS. Oxford. 1993. Clarendon Press, xii + 221 pp (incl. index). £27.50 hb. ISBN 0 19 825815 1

Marriage, Property and Law in Late Imperial Russia. WILLIAM G. WAGNER. Oxford. 1994. Clarendon Press. xiv+413pp (incl. Index) £45 hb. ISBN 0–19–820447–7.     

Directives in EU Legal Systems: Whose Norms Are They Anyway?

This article is concerned with whether the concept of a legal system—long a centrepiece of state‐based legal theories—is a useful conceptual tool in theorising the contemporary EU and its legal relations with its Member States. The focus lies particularly with EU directives, and with what the character and operation of this distinctive type of EU norm can tell us as regards the existence of and relations between legal systems in the EU. I argue for the view that the EU is comprised of distinct but interacting legal systems at EU and national level, and claim that the character and operation of directives supports this view. Throughout the discussion I try to bring the conceptual tools of analytical legal philosophy to bear on puzzles generated by EU law and its relations with national law, in order to show that a sound analysis of aspects of the EU can benefit from abstract legal philosophical reflection, and vice versa.