An identity‐based understanding of intergroup conflict

As conflict has at its basis a contest of ideas, values or resources between two or more groups, a comprehensive understanding of intergroup conflict must take into account the psychological processes that make groups and group behavior meaningful. Because individuals value and internalize identities relevant to their social, geographic, economic, historical and political positions, any devaluation, loss or imposed change to one of those identities is likely to be particularly threatening. The Social Identity Approach formulates an understanding of how these identity‐based motivations interact with social structures to predict intergroup conflict. Importantly, it also provides an explanation of how procedural justice mechanisms can be utilized to guide conflicting interests to common cooperative goals that can be accepted and pursued. By having representation and participation of relevant actors in the development of a shared identity, as is this case when nation states are formed or re‐created, threat is reduced, legitimacy built and the basis for positive intergroup relations created.     

An analysis of data curated from 5 years of identifying human remains

An archive of 5 years of cases involving the identification of human remains was curated, collecting information on: The sample type submitted, the number of STR loci yielding interpretable results, the kinship challenge posed, and the outcome for the case. A total of 129 cases of remains ID were investigated using manual DNA extraction and recovery methods with amplification of STR markers using the Power Plex 21 multiplex STR kit from Promega Corp. In 52 cases, blood spots collected by the ME were provided as sample and in 100% of those cases, probabilities of relatedness to the reference samples was ≥99%. In 77 cases, tissue other than blood was provided as a source of DNA. These other samples were grouped categorically into long bones (femur and tibia; 40 cases), skull bones/teeth (11 cases), other bones (16 cases), and tissue (normally adherent to bone) (10 cases). Reference samples provided for cases included alleged parents or child(ren) of the victim (86 cases), alleged full siblings of the victim (38 cases), or alleged second-order relatives (five cases). The overall success rate in confirming the identity of the source of the remains in these cases was 89.2%. Our results demonstrate that a laboratory can be often successful identifying human remains using methods easily implemented in any DNA typing laboratory.     

An Early Modern Account of the Views of the Miśras

In a doxography of views called the ?a?tantrīsāra, a seventeenth century commentator and Advaitin, Nīlaka??ha Caturdhara, describes the doctrines of a group he calls the Mi?ras. Nīlaka??ha represents the doctrines of the Mi?ras as in most ways distinct from those of the canonical positions that usually appear in such doxographies, both āstika and nāstika. And indeed, some of the doctrines he describes resemble those of the Abrahamic faiths, concerning the creator, a permanent afterlife in heaven or hell, and the unique births of souls. Other doctriness are difficult to associate with any known South Asian religion, for example the emphasis placed on astrological determinism in the moral economy of the creation. As the ?a?tantrīsāra is unpublished to date, a preliminary edition of those portions that concern the Mi?ras is presented here, together with a translation, notes, and some further discussion. Though the identification is not certain, it seems most likely that the views Nīlaka??ha describes in this text belonged to Vanamālī Mi?ra, a North Indian Mādhva who had lived in the Ganges-Yamuna doab in the mid to late seventeenth century. Even if that identification turns out to be correct, many questions remain.     

Stealing more is better? An economic analysis of Islamic law of theft

This study is the first attempt (in the field of Law and Economics) to apply economic analysis to shari’a or Islamic criminal law, in particular, that aspect of the law pertaining to theft. Shari’a imposes two main punishments for theft; hadd, a fixed penalty of amputation of the offender’s right hand under certain conditions and ta’zir, a discretionary punishment, less severe than hadd. From the viewpoint of marginal deterrence and multiplier principles, lesser crimes with low social harm are punished more severely with hadd whereas crimes with high social harm are punished with ta’zir. Moreover, as the probability of detection and sanction is less in those crimes of high social harm, criminals would have more incentive to commit them. Consequently, if Islamic criminal law is to be applied in its current form, crimes of high social cost are likely to become more frequent.     

What do prosecutors maximize? An analysis of the federalization of drug crimes

Recent legislation has expanded the jurisdiction of the federalgovernment over crimes that were traditionally prohibited onlyby state law. We model the decision-making process of stateand federal prosecutors, and the determinants of prosecutors'decisions to allocate drug cases to the state versus the federalsystems. Using 1991 surveys of state and federal inmates incarceratedfor drug crimes, we find that individuals who hire private attorneysand who are high-human-capital and successful in the legitimatesector are more likely to end up in the federal system. Thisis consistent with the model in which prosecutors maximize boththe payoffs from eliminating crime and their private human capital.     

Perceived fairness of drug-testing policies: An application of Leventhal’s principles of procedural justice

Employees rate the fairness of organizational policies by applying principles of distributive and procedural justice. Using Leventhal’s (1980) Principles of Procedural Justice, the current study surveyed 279 upper-level college and graduate students to determine the impact each principle has on support for drugtesting policies. The results support the hypothesis that drug-testing programs that violate these principles are viewed as unfair.     

The Advent of Preventive Criminal Law: An Erosion of the Traditional Criminal Law?

Criminal law in contemporary societies is undergoing a transformation or according to some, even a paradigm shift. The reach of criminal law is now extended to terrains that were hitherto immune to criminalization. These new forms of criminalization. in post-heroic risk societies are targeting conduct well before it causes a harm. The prime examples of this preventive criminalization. are pre-inchoate offences, crimes of possession of “innocent” objects and crimes of abstract endangerment. The common trait of these offences is that they enable the so-called preponing criminal liability (Vorverlagerung), through which the earliest of preparatory acts, neutral, everyday activities such as merely standing around or merely possessing may well fall within the reach of criminal law. This phenomenon is now taking place virtually everywhere considered by many as an erosion of the traditional post-enlightenment criminal law model. Yet, proponents of the preventive criminal law are suggesting that such laws are needed in order to avert risks (terrorist attacks, for instance) while they are at preparation phase. There is, therefore, a tension between the traditional criminal law and new security interests that pose new questions which need to be addressed by a meticulous analysis. In this article I shall try to deal with following questions: Whether these preventive offences are inherently incompatible with the rule of law? How far a law-abiding nation can go in criminalizing preparatory acts? Are there any promising constraining constitutional principles or instances that delimit preventive criminalization?     

Are Perceptions of Organizational Justice Universal? An Exploration of Measurement Invariance Across Thirteen Cultures

Previous research examined whether justice effects are comparable, focusing on quantitative differences in justice effects. This study examines whether justice perceptions are structured similarly or whether they are qualitatively different across working populations from 13 nations. Confirmatory factor analysis and multi-group analysis show that Colquitt??s (J Appl Psychol 86:386?C400, 2001) four-dimensional model of justice works well across these samples. However, factor intercorrelations and reliabilities are found to systematically vary between cultural samples. Perceptions of justice are more highly intercorrelated in power distant and collectivistic samples, in line with extensions of the relational model of authority. Score reliabilities were lower in collectivistic settings.     

Do Theories of Punishment Necessarily Deliver a Binary System of Verdicts? An Exploratory Essay

Scholars writing on theories of punishment generally try to answer two main questions: what human behaviour should be punished and why? Only cursorily do they concern themselves with the question as to how confident in the occurrence of criminal behaviour we must be prior to punishing—i.e., the question of the criminal standard of proof. Theories of punishment are ultimately theories about choices of action—in particular, about how to treat individuals. If this is correct, it seems that they should not overlook one of the fundamental variables governing human decision-making: the uncertainty about the facts relevant to our acting. Now, the question as to whether existing theories of punishment require a standard of proof as high as ‘proof beyond a reasonable doubt’ is gaining increasing attention in the scholarship. However, scholars working on theories of punishment give little attention to a particular way in which human decision-making handles the problem of uncertainty. In our everyday lives, we often decide in a many-valued, rather than a binary, fashion. Instead of having a single evidential threshold, the satisfaction of which determines whether we act or stay put, we tend to adjust our actions to our degree of confidence in certain states of affairs. In other words, we decide based on a ladder of evidential thresholds: the features of our actions vary according to the evidential threshold that we have satisfied. Notably, criminal trials do not follow this structure and theorists generally take this departure for granted. Why shouldn’t trials work as ‘ex post facto bets,’ whereby the response that the state is willing to ‘wager’ correlates with the fact finder’s confidence in the defendant’s guilt? The paper explores this question; in particular, it assesses whether the main theories of punishment (consequentialist, retributive, and communicative) necessarily deliver a binary system of verdicts. The work is part of a long-term research project on the comparison between the binary and the many-valued models of the system of criminal verdicts.     

The Rehabilitation of Practical Reasoning and the Persistence of Deductivism: An Impossible Challenge?

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Exploring certain specific dimensions of practical reasoning in law—namely the possibility...     

Deconstructing “Force and Fraud”: An Empirical Assessment of the Generality of Crime

Gottfredson and Hirschi (A General Theory of Crime, Stanford University Press, Stanford, CA, 1990) have proposed a general theory of crime to explain a set of behaviors they refer to as acts of force and fraud. Central to their theory is the claim that force and fraud are both manifestations of the individual's unrestrained pursuit of short-term gratification. At the same time, research from numerous disciplines suggests that the correlates of violence differ somewhat from those of property crime. The present study therefore uses data from the National Youth Survey to explore whether force and fraud can legitimately be viewed as manifestations of a single underlying construct among American adolescents. Overall, findings from confirmatory factor analyses suggest that they cannot. Rather, they suggest that multi-factor models of force and fraud improve significantly upon the fit of single-factor models and that force and fraud may therefore reflect overlapping, but empirically distinct, constructs.     

Is There an Informative Effect of Law? An Experimental Test

Debates on how the law affects citizens' behaviour have traditionally focused on two mechanisms: deterrence and perceptions of legitimacy. In recent years, some scholars have suggested that the law may also affect compliance through expressive mechanisms that reveal information about the world (for example, by eliciting the risks associated with a particular behaviour). Dharmapala and McAdams have called this the informative effect of law. However, to date very little empirical evidence of the existence of such an effect has emerged. In this article, we present the results of an experiment that tests for three different hypotheses as to how this effect may be produced. Our findings show that legislators' sincerity or their access to expert knowledge is not sufficient to produce information effects. Instead, we suggest an ‘asymmetry’ hypothesis: the fact that a law is passed or rejected has an asymmetrical information effect on subjects' risk perceptions.     

An Inside View of Police Officers�� Experience with Domestic Violence

Since the recognition of domestic violence (DV) in the late 1970s, police officers have been frontline providers. Despite their changing role as a result of the criminalization of DV, little is known about their experiences and responses to this public health issue from their unique perspective. Via focus groups, 22 police officers discussed their scope of practice and emotional reactions to DV calls. Participants reported frustration with the recurring nature of DV and with the larger systems?? lack of accountability (e.g., courts, prosecution and community) that follow their initial interventions. Participants discussed the limitations of their role as protectors of public safety, attitudes that evolve over time and their beliefs as to contributing factors that perpetuate DV. Additionally, the officers recommend: more professional training, counseling, incident debriefing for officers including feedback on case disposition, better collaboration across professional groups, and evidence-based prosecution. Harsher penalties were also recommended.     

Legislative Dissent without Reprisal? An Alternative View of Speaker Selection

Very little research has been devoted to examining the nature of Speaker selection in legislatures. This article attempts to provide a new perspective in which future research could examine the election of Speakers. A collective action perspective is put forward, which sees three groups of actors execute separate strategies to reach their own ends: the backbench, the executive and the opposition. These factors are tested on the Speaker selection exercises in the Ontario legislature. In the case study, it was found that the executive rarely gets their choice of Speaker, and three factors identified in the legislative dissent literature are utilised to examine these private acts of dissent: party popularity, cabinet size and the percentage of new legislators entering the party at each legislative term. It was found that the Speaker selection process involves three groups, each with their own preference order in decision-making.     

Is there an EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice

The Court of Justice of the European Union has seen a dramatic and controversial increase in copyright cases during the last decade. This study investigates empirically two claims: (i) that the Court has failed to develop a coherent copyright jurisprudence (lacking domain expertise, copyright specific reasoning, and predictability); (ii) that the Court has pursued an activist, harmonising agenda (resorting to teleological interpretation of European law). We analyse the allocation of copyright and database right cases by Chambers of the Court, Advocate General (AG) and Reporting Judge, and investigate the biographical background of the Judges and AGs sitting. We trace patterns of reasoning in the Court's approach through quantitative content analysis. Legal topoi that are employed in the opinions and decisions are linked to the outcomes of each case.     

“Nerve” and violent encounters: An assessment of fearlessness in the face of danger

The findings from a large body of research on the ecology of violence indicate that individuals demonstrate a willingness to engage in violence to reduce their risk for violent victimization. Scholars have suggested that a reputation for toughness and aggression acts as an informal signal that deters mistreatment. Anderson (1999), in his street code thesis, in particular, argued that adherence to the street code functions as a signal that reduces violent victimization risk. Other research findings, however, reveal that the street code leads to an increase in victimization risk; moreover, violent offenders are routinely victimized at high rates given their lifestyle and routine activities. The evidence, therefore, does not show support for the position that a reputation for toughness or aggression effectively reduces violent victimization. In the current study, we operationalize the concept of nerve, which findings from criminological studies indicate is an important mechanism for protecting adolescents from victimization. Using data from the second national evaluation of the Gang Resistance Education and Training Program, we test this operationalization of nerve to determine whether the concept is associated with later violent offending and violent victimization in ways consistent with theory and research on the ecology of youth violence. Our results demonstrate support for the notion that nerve is positively associated with violent offending, whereas those at the highest levels of this construct experience fewer violent victimizations.     

An examination of the effectiveness of Readers’ Theatre as a teaching strategy in legal education

ABSTRACT

The effectiveness of the case method of legal education in preparing for the practice of law has been questioned for more than a century. Students are encouraged to conceive conflict in a manner that often does not provide adequate context for the application of their personal perceptions of justice. A resulting criticism of the case method, then, is that it fails to adequately teach students how to act “with ethical substance” in the professional circumstances for which they are being prepared. As a means of addressing this perceived gap, North American law schools have been increasing their use of experiential education methods. In this paper, the utility of Readers’ Theatre (RT) is examined as an experiential teaching strategy to expose law students to the interpersonal and ethical dynamics of legal problem-solving communications.