Beyond the Law?: The Justice of Deconstruction

This paper offers a close reading of Derridas essay Force of Law that emphasises the twin strengths of a deconstructive approach to questions of law and justice -- textual analysis and political context. Derridas interest is in limit or test cases, and so he engages with the fraying edges of the law, its borders, the frontiers that are most heavily policed because they are most fragile, for example capital punishment, genocide, general strikes and terrorism. Derrida undertakes an exploration of violence through a reinterpretation of Walter Benjamins Critique of Violence. At the heart of Derridas difficult argument is a demand for justice that goes beyond the cataloguing of specific injustices, and beyond the terms of Benjamins critique. The utopian impulse that underpins Force of Law is carried over into Specters of Marx, Derridas recent explicit grappling with the legacy of Marxism. The links between these two texts by Derrida implies a sustained politics of radical commitment on the part of deconstruction, a commitment to future forms of legality and egalitarianism, a theory of justice posited upon prescience rather than precedent.     

Competition and combativeness in courtship: Reports from men

Based on reports from 143 male college students, the relationship between a dating partner's perceived level of competitiveness and combativeness (one's own and one's partner's) is examined. Competitiveness is seen as a direct measures of efforts to exert control. Findings show that even high levels of pleasant competitive behaviors are unrelated to combativeness. However, as scores on a measure of unpleasant competitive behaviors increase, so do scores on a measure of combativeness. Recommendations are offered to educators and counselors regarding the nexus between competitiveness and courtship problems.     

Competition and combativeness in courtship: Reports from women

The relationship between a partner's perceived level of competitiveness and combativeness in courtship is examined, based on reports from 296 women. Competitiveness is seen as a direct measure of efforts to control. Results show that even high levels of competitive behaviors experienced as pleasant are unrelated to combativeness. However, as scores on a measure of unpleasant competitiveness increase, so do scores on a measure of psychological and physical combativeness. Findings are compared with those from an earlier study based on reports from men.     

Terrorism and the law: Historical contexts, contemporary dilemmas, and the end(s) of democracy

Recent proposals by the G7 (and Russia) to clamp down on terrorists and terrorism do not define that which is prohibited. Instead, a threat is communicated which in turn allows, among other things, greater attention to be paid officially to camouflage charities and terrorist use of the Internet. Nevertheless, it is somewhat of a truism to note that terrorist violence is ultimately defined or characterized, for purposes of legal prohibition, within a highly politicized atmosphere. Starting with a short summary of anti-terrorist codification efforts made this century, this article examines some of the security interests cited by governments today in their respective struggles against terrorism. More specifically, it is argued that individual perceptions of personal and societal threat are heightened unnecessarily not only by a constant stream of governmental anti-terrorist rhetoric, but further, by an awareness of official and unofficial methods of anti-terrorist surveillance, and the use to which the information so obtained can be put.     

Interviewing Preschoolers: Comparisons Of Yes/No and Wh- Questions

This study investigated the influence of question format on preschool-aged children's errors, their response accuracy, and their tendency to say I don't know when given non-misleading questions in a neutral, unbiased context. Children (3 to 5 years old) participated in a craft-making session that included a staged accident with two experimenters differing in gender and appearance; the environment also had several distinctive features. One week later children were interviewed about actions, participants, and environment; questions were yes/no format with the veridical response yes (yes questions), yes/no format with the veridical response no (no questions), and specific wh- format questions. Question format substantially influenced children's responses: they were most likely to make errors if asked no questions, and were unlikely to answer either yes/no question with I don't know. In contrast, children spontaneously and frequently said I don't know to wh- questions about content they did not recall (environment), but not about content that was well recalled (actions). Implications of question format for reliability of eyewitness testimony by preschoolers are discussed.     

Precedent Externality, Network Effect, and the Possible Inefficiency of the Evolution of Laws

Using the traditional scenario of tort conflict as an example, I argue that the marginal precautionary costs of injurers and victims are not constant, as was assumed by most previous researchers. The precedent of a liability rule has some natural externality on the precaution technology, and hence marginal cost, faced by future agents involved in torts. The adoption of legal rules therefore has a network effect, meaning that the present prevalent adoption of one rule increases the probability of its future adoption. Treating the dynamic evolution of legal rules as a random process, we are able to apply an established result in the literature of network economies to conclude the path-dependence, non-predictability, and potential inefficiency concerning the final legal rule to which the dynamics converge.     

The effects of delay on voice recognition accuracy

Two experiments were conducted in which 176 listeners heard male and female objectively defined high- and low-recognition voices and then attempted to identify these voices from a voice parade containing 20 distractors after either 10, 40, 100, or 130 minutes (experiment 1), or 10 minutes, one day, seven days, or 14 days (experiment 2). In experiment 1 delay had no overall effect, although further analysis revealed that the shortest delay did produce better performance than all other delay conditions. Further, high-recognition voices were better identified than low-recognition voices. In experiment 2 delay had an overall effect, with the shortest delay interval again being significantly better than all other conditions, which did not differ among themselves. High- and low-recognition voices, however, did not exhibit a statistically significant difference, although these two factors entered into a marginally significant interaction. Theoretical speculation and forensic implications were drawn.This research was funded by the British Home Office, research grant no. RES 741/1/1, although the views expressed are not necessarily those of the funding body.     

More on Ultimate and Immanent Justice: Results from the Research Project “Justice as a Problem within Reunified Germany”

In earlier studies it was shown that two domain-specific variates of belief in a just world, namely belief in immanent justice and belief in ultimate justice concerning severe illness, differ systematically and significantly. Only immanent justice leads to accusation and derogation of innocent victims while ultimate justice is concordant with positive evaluations of victims and helping behavior. With regard to the research project Justice as a Problem within Reunified Germany (GiP, from the German Gerechtigkeit als innerdeutsches Problem), two new scales were developed for purposes of measuring general belief in immanent and ultimate justice. Using a sample of 929 West Germans and 1,275 East Germans, some of the correlation patterns found in earlier studies could be replicated. For example, immanent justice did correlate with draconian judgments (the proneness to strict and severe judgments), while ultimate justice was associated with mildness. Only ultimate justice correlated with existential guilt about the underprivileged. Beside this confirmation of earlier findings, new correlation patterns were revealed. For example, only immanent justice correlated with the equity principle, whereas ultimate justice corresponded to the need and equality principles.     

Insanity,justification, and culpability toward a unifying schema

Insanity has long been viewed as an excuse rather than a justification: Insane people are acquitted not because they did nothing wrong, but because they are considered morally blameless for their wrongful conduct. A new substantive test based on justificatory rather than exculpatory principles—a quasisubjective justification (QSJ) test—is compared to Finkel's relative culpability test, and to two excuse oriented tests, ALI and IDRA, across seven cases. QSJ and Finkel's test both produced significant verdict differences, whereas ALI and IDRA verdicts were not significantly different. The QSJ effect, however, was observed only in cases judged low in justification, and thus did not play a determinative role across cases; other variables, such as perceived severity of the disorder and culpability for bringing about the disorder, to which only Finkel's test was sensitive, seem to have more explanatory power.     

Continuing barriers to women's credibility: A feminist perspective on the proof process

This article is an expanded version of a paper presented at the Society for the Reform of Criminal Law Conference on Reform of Evidence Law, Vancouver, British Columbia, Canada, August 3–7, 1992.     

Insights on Technology Transfer from the Bureau of Mines

The U.S. Bureau of Mines was established in 1910 to reduce the high accident rate in the nation's coal mines. For 85 years, it conducted a wide variety of tasks related to mining before it was abolished in 1995. The BOM had many technology transfer successes in its lifetime, including more than a dozen R&D100 awards. This essay identifies and discusses five transfer factors that can explain the success (or failure) of many Bureau of Mines projects. These five factors are termed pressure, pitfalls, path, price, and profit.     

Between hermeneutics and semiotics

Translated by David Pellauer from the French, Entre herméneutique et sémiotique,Nouveaux Actes Sémiotiques (Vol.II, 1990, forthcoming).     

Status and practices of the legal text

Translated by Isabelle Llasera from Statut et pratiques du texte juridique, in D. Bourcier and P. Mackay (eds.),Lire le droit. Langue, texte, cognition (Paris: Librairie Générale de Droit et de Jurisprudence, 1992).     

Silence is not golden: U.S. government efforts to establish national information security strategies

A new threat to national security has been found: electronic information warfare (EIW). It is the hottest (and most overhyped) issue inside the Beltway and encompasses everything from encryption to technology transfer, including both legitimate battlefield applications and ominous defense measures to protect the U.S. economy and culture.     

The use of economic analysis by the Supreme Court in applying the concept of the relevant market

Attention by the courts to what constitutes a market has resulted from litigation enforcement by both the Federal Trade Commission and the Antitrust Division of the Department of Justice, especially in connection with the amended section 7 of the Clayton Act. The termmarket is not mentioned in either the Clayton or the Sherman Acts. What constitutes a part of commerce, a line of commerce, or section of the country has been interpreted by the courts to mean a market. A market in antitrust administration then becomes judicial—a process of interpreting the language of the antitrust statutes.     

Measuring Family Violence: The Conceptualization and Utilization of Prevalence and Incidence Rates

The present study argues for a standard conceptualization of prevalence and incidence in family violence research. Reviewing several definitions of both prevalence and incidence in the family violence literature, we identify important inconsistencies in conceptualizations. The use of time frame to distinguish incidence and prevalence seems to have been a main thrust of the conceptual confusion. A gold standard conceptualization is proposed that sees prevalence as the extent to which violent behavior is distributed in the population and incidence as the amount of violent behavior that occurs among those in the population who experience violence. A discussion of rates calculated with other conceptualizations illustrates the need for standardization as well as the utility of the conceptualization in the present study. The calculation of prevalence and incidence rates is exemplified with respect to interpartner violence using Statistics Canada's Violence Against Women Survey (VAWS). Using duration as an independent variable, we also illustrate how the choice of incidence or prevalence rates may affect the operation of risk markers. Given the need for standardization, the relative ease with which this can be accomplished, and the knowledge that research in this area will be conducted well into the future, we conclude with a plea for a standard use of prevalence and incidence among family violence scholars.     

Comparing the Social Service Utilization, Exposure to Violence, and Trauma Symptomology of Domestic Violence Female “Victims” and Female “Batterers”

Although some authors have suggested that women batterers may really be self-defending victims, to date, no research has been initiated to empirically support this assertion. This paper describes the design and outcomes of a research project that investigated the similarities and differences between women adjudicated as domestic violence batterers and women identified as domestic violence victims. Findings indicated group similarities in the areas of exposure to violence and social service utilization. Although both groups reported high levels of trauma symptomology, victim scores were significantly higher.