Against Philosophical Anarchism

Law and Philosophy - Philosophical anarchists claim that all states lack political authority and are illegitimate, but that some states are nevertheless morally justified and should not be...     

Correction to: Against Philosophical Anarchism

Law and Philosophy - In the original publication of the article, the corresponding author name was published incorrectly as “And Fabian Wendt”. The correct author name is “Fabian...     

The Common Ground of Law and Anarchism

Liverpool Law Review - Anarchism often sets itself against the law. However, the alternative vision advanced by anarchism faces theoretical problems. Further, case studies of anarchist communities...     

Philosophical Anarchism and Its Fallacies: A Review Essay

Law and Philosophy -     

Anxiety in prisoners today.

Models based on modern theories of anxiety were used to develop a hypothesis concerned with the relationship of anxiety and/or the tendency to aggressive behavior and the tendency to depressive reactions in prisoners. Anxiety, aggression and depression scales were the instruments used in this study. Special emphasis was placed on the question as to whether there is a quantitative difference in anxiety and aggression in non-working as compared with working prisoners. Significant differences were found between working and non-working prisoners with regard to anxiety and depression. A difference was also calculated for the parameter of reactive aggression. In the following the far-reaching implications of these results for penological practice and perspectives for further studies are discussed.     

American legal education: yesterday and today

This article does not have an abstract     

试论当代国际人才竞争的特点

当代国际上人才竞争日趋激烈。各国都千方百计为保住本国人才资源,发达国家挖空心思地争夺别国人才。发展中国家人才流失严重,造成经济和社会发展蒙受惨重损失。发达国家之间的人才争夺战也十分激烈。     

Private security services regulations in the United States today

ABSTRACT

Security services regulations in the United States began formally in the second half of the twentieth century. Many states – never the federal government – first set and then increased, and sometimes decreased, standards over the years. With the shock from the events of 11 September 2001 (9/11) and the subsequent war on terrorism, the pace of regulatory growth increased. Even so, regulations for security personnel – especially security guards – remain at an indefensibly low level with 12 states having no requirements at all for unarmed security personnel and 14 having none for armed. Yet along the way, regulatory pre-employment screening requirements have incrementally improved, training demands, less so. Expecting a security officer with zero-to-a-few hours preassignment training to be a competent first responder, a skilled communicator with the public, a knowledgeable person about applicable law, an informed user of security technology, and a worker educated on the mission and operations of the workplace is not a convincing point of view. The security industry espouses higher standards, including through regulation, but then does not act upon its aspirations. For other security services – alarm installation and monitory personnel, investigators/private detectives, and locksmiths – regulations vary widely according to state. They don’t exist at all for security consultants. This article comments on and reviews regulations for all these security services.     

Domestic violence: a complex health care issue for dentistry today

As a natural outgrowth of the dental professional's role in recognizing and reporting child abuse the topic has been broadened in recent years to domestic violence, that is child, spouse/intimate partner, disabled and elder abuse. Forty years ago in the US there were 662 cases of child abuse reported to authorities. Today that reported number is in excess of 3 million per year [D. Wiese, D. Daro, Current trends in reporting and fatalities; the results of the 1994 annual 50 state survey, National Committee to Prevent Child Abuse, Working Paper 808, 1995]. The "dirty secret" of spousal/intimate partner violence is believed to affect 3-4 million individuals per year in the US. Studies have also found that between 50 and 70% of these perpetrators also abuse their children or those of their intimate partner [J. Kessman, Domestic violence, identifying the deadly silence, Texas Dent. J. (2000) 43]. Just as child abuse is most often manifested in the head or neck regions, likewise the evidence of physical violence to intimate partners and the elderly can be seen in the head or neck regions. The insidious part of partner and elder abuse is that often the largest component of these behaviors is psychological, emotional and indirect neglect, which leave no physical evidence [M. Bowers, Forensic Dental Evidence: An Investigator's Handbook, Elesevier, San Diego, CA, 2004, p. 119].     

Caring for the elderly: a European perspective on today and tomorrow

There is always a temptation to suppose that one's own problems (whether personal or national) are unique. They rarely are. The "problem" of the elderly is no exception and so there is no particular point in looking to the specific characteristics of one's own health, social service, and social security systems for causes. There is, however, every reason to be looking at them for the consequences. They can also exacerbate the causes. In this paper we sketch the principal features (economic, social, and demographic) that have contributed to the "problem" of the elderly in Europe and then outline the main intellectual issues that need to be explored and resolved. That sounds a bit pompous but, if one is to avoid an intellectual morass consisting of the various assertions about needs, obligations, and so on that emanate from rival concerned parties and various professional interests on the one hand, and simplistic political slogans whose only virtue is that they cut the Gordian Knot (but provide no real enlightenment) on the other, then we need to be doing just this. We shall take a few things for granted: that cost-containment is not the be-all-and-end-all of policy; that value for money depends equally on what you get as on what you spend; that overall expenditure per head is mainly determined by income per head (though some countries have managed to get and stay below the regression line); and that it "ain't so" that all one needs to do is to "leave it to the market." To have justified each of these would have taken too much space so we can only assert them and trust that, in swallowing these camels, you won't strain at the gnats to come.     

First do no harm: a look at correctional policies and programs today

Objectives

This paper reviews the historical changes in correctional policies and the impact these changes have had on the operations of corrections and correctional programs. Social changes and theoretical perspectives moved corrections away from a focus on rehabilitation to programs characterized by deterrence, incapacitation, and control. Similarly, theoretical criminology encouraged corrections to move away from rehabilitation towards programs designed to provide social opportunities such as employment and housing for offenders. This paper examines whether these changes in policies and programs have been effective in reducing recidivism. The question is: What works in corrections?

Methods

This paper reviews the research examining the impact of correctional policies and programs on the later criminal activities of offenders and delinquents. Research using systematic reviews, meta-analyses, and the Maryland method scores is used to draw conclusions about the effectiveness of various types of programs, management strategies, and policies.

Results

Research demonstrates programs based on deterrence, incapacitation and increased control do not reduce the future criminal activities of offenders and delinquents. Nor have programs targeting social opportunities such as employment and housing been effective in reducing recidivism. The most effective programs target individual-level change in thinking and information processing.

Conclusions

In the search for ways to sanction offenders, U.S. correctional policies and programs using control, deterrence, and incapacitation have harmed individuals and communities. Such programs have not been effective in reducing recidivism. While programs that provide social opportunities for offenders do not necessarily harm offenders neither do they decrease later criminal activities. Effective programs bring about a cognitive transformation in offenders and delinquents. Theorists have begun to develop hypotheses about how and why these transformations are effective. The current emphasis on evidence-based programs, the research evidence on what is effective and the need to reduce the cost of corrections suggest we are on the brink of another paradigm change. Where this will take us is still unclear, but the paradigm will have to address the current problems facing the U.S. correctional systems.     

Managed care liability today: laws, cases, theories, and current issues

Managed care entities face numerous liability issues in today's changing healthcare environment. This Article provides the plaintiff with a comprehensive road map for navigating the many avenues of managed care liability. The author describes ERISA pre-emption provisions and suggests ways plaintiffs' attorneys can strive to narrow the pre-emption. The Article also provides in-depth analysis of each theory of managed care liability that has been litigated against managed care entities to date, and then goes on to explore state laws imposing liability on managed care entities, and how HMO liability is being reformed through legislative action. For plaintiffs' attorneys seeking the full spectrum of theories of managed care liability, or for defendants' attorneys wanting to remain updated on all potential claims to defend, this Article constitutes an extensive primer on the current issues.     

Objectives of Russian law schools today: what is the “ideal jurist”?

ABSTRACT

This article describes how Russian law schools understand their objectives today and whether there is an ideal model of a jurist to which law schools should conform. Different qualitative methods were used in this study, including a review of the post-Soviet legal education reforms, analysis of regulations governing higher legal education, analysis of websites, and expert semi-structured interviews with heads of law schools. The results demonstrate the difficulties faced by law schools, which are forced to balance the state standards of higher education and external legal, social, economic, and political challenges. The study concludes that law schools are experiencing serious difficulties with respect to understandings of their objectives as well as the current redefinition of the normative ideal model of a jurist. The study also makes it possible to draw conclusions about the importance of legal knowledge, different ways of understanding prestige in the legal profession, and the revival of features of the Soviet model of the “ideal jurist.”