Lak?a?�� as Inference

This paper questions a few assumptions of Ga?ge?a Up??dhy??ya??s theory of ordinary verbal cognition (laukika-???bdabodha). The meaning relation (v?tti) is of two kinds: ?akti (which gives us the primary referent of a word) and lak?a??? (which yields the secondary referent). For Ga?ge?a, the ground (b??ja) of lak?a??? is a sort of inexplicability (anupapatti) pertaining to the composition (anvaya) of word-meanings. In this connection, one notices that the case of lak?a??? is quite similar to that of one variety of postulation, namely, ?rut??rt??th??patti, where the subject hears only a part of a sentence and immediately grasps the words that are needed to render the sentential meaning complete. Unless he does that, sentential meaning, i.e., the composition (anvaya) of word-meanings shall suffer from the same inexplicability that characterizes instances of lak?a???. In fact, in the ???aktiv??da?? section of Tattvacint??ma?i, Ga?ge?a himself draws a parallel between the cognition of sentential meaning in a ?rut??rth??patti-like case and the cognition of sentential meaning in an instance of lak?a???. However, Ga?gesa himself treats ?rut??rth??patti as a piece of inferential cognition. If there is no fundamental difference between cases of ?rut??rth??patti and cases of lak?a???, then the cognition of sentential meaning in instances of lak?a??? must also be inferential in essence. In that case, we must admit, against Ga?ge?a??s view, that such cognition of sentential meaning cannot be accommodated within the framework of verbal cognition (???bdabodha). Therefore, I conclude that some revision is needed in Ga?ge?a??s theory of verbal cognition with respect to lak?a???.     

Do Motivations for Malingering Matter? Symptoms of Malingered PTSD as a Function of Motivation and Trauma Type

Psychological disorders associated with traumatic events, such as post-traumatic stress disorder (PTSD), may be prone to malingering due to the subjective nature of trauma symptomology. In general, symptoms tend to be inflated when an external reward (i.e., compensation) is associated with the claim. The present study was designed to test whether malingered claims of PTSD symptoms differed as a function of the type of trauma being malingered (accident, disaster, sexual assault) and the motivation for malingering (compensation, attention, revenge, no motivation). Participants were randomly assigned into conditions, given malingering instructions, and then asked to complete three measures of trauma symptoms (Impact of Event Scale??Revised; Post-Traumatic Stress Disorder Checklist; Trauma Symptom Inventory). Results indicated that participants in the sexual assault condition produced higher symptom reports on nearly all scales. Revenge and compensation motivations yielded elevated symptom scores. Further, individuals rated high in fantasy proneness and dissociation produced elevated scores on atypical responding and most clinical scales. More research is needed to examine the extent to which different motivations and trauma types influence symptom reporting.     

Discursive Ethics as Constitutional Theory. Neglecting the Creative Role of Economic Liberties?

Habermas' discourse theory stresses the autonomy of public deliberation transcending the spontaneous emergence of private networks of legal relationships between individuals. Only the public discourse which is detached from the inertia of overlapping practical forms of coordination can refer to the ideally designed social work of legitimated interpersonal relationships. The democratic constitution is regarded as a legal institutionalization of the priority of the public forum of discourse. Conceptions related to classical liberalism would question the cognitive potential of public deliberation, and even deny its productivity as a normative frame of reference for (post‐)modern societies which are confronted with the challenge of uncertainty and the continuous process of self‐transformation.     

The Two Pratyabhij?ā Theories of Error

In this essay, it is argued that Abhinavagupta’s theory of error, the apūrṇakhyāti theory, synthesizes two distinguishable Pratyabhij?ā treatments of error that were developed in three phases prior to him. The first theory was developed in two stages, initially by Somānanda in the Śivadṛṣṭi (ŚD) and subsequently by Utpaladeva in his Īśvarapratyabhij?ākārikās (ĪPK) and his short autocommentary thereon, the Īśvarapratyabhij?āvṛtti (ĪPVṛ). This theory served to explain individual acts of misperception, and it was developed with the philosophy of the Buddhist epistemologists in mind. In a third phase, Utpaladeva developed in his Śivadṛṣṭivṛtti (ŚDVṛ) a second theory of error, one that involved the noncognition of non-duality (abhedākhyāti) and served to explain both the appearance and perception of multiplicity, despite the strict monism to which all Pratyabhij?ā authors subscribe. Abhinavagupta’s treatment of error, then, is significant not only because it was meant to explain all the various theories of error offered by opposing philosophical schools, as Rastogi has shown, but more importantly because it synthesized the thinking of his predecessors on the matter in a single, elegant account of error.     

Does residency matter? Local residency as a predictor of arrest

Prior studies show that a number of offender characteristics impact police officer use of discretion. Although there are exceptions, characteristics such as race and gender have been shown to influence decisions made by police officers with racial/ethnic minorities and men more likely to be arrested than their counterparts. Yet, much less is known about the impact of morphology, an important component from Black’s Behavior of Law, on enforcement decisions. Using 2014 state-wide data on Class ‘B’ arrests in Idaho, we examine the role of morphology, as operationalized by offender residency in the community in which the violation occurred, on the odds of a police officer affecting an arrest as opposed to writing a citation for the violation. Results of logistic regression models show that local residents are significantly less likely to experience an arrest than non-residents. Theoretical explanations and implications for these findings are offered.     

Dragon's Blood incense: misbranded as a drug of abuse?

An unknown red substance was being sold and used with other drugs of abuse in Virginia (often being used in conjunction with marihuana). The red substance was identified as Dragon's Blood incense from Daemonorops draco. In bioassays, Dragon's Blood incense exhibited a low, but measurable cytotoxicity in in vitro cell lines. Dragon's Blood incense or Volatilized Dragon's Blood had no adverse effect on mouse motor performance based on the inclined screen and rotorod tests. delta(9)-Tetrahydrocannibinol (THC) produced a dose-related decline in mouse performance on the rotorod test. The combination of Dragon's Blood incense or Volatilized Dragon's Blood with delta(9)-THC did not contribute further to the impairment of the mice on the rotorod. This data suggests that the abuse potential for Dragon's Blood incense alone or in combination with marihuana is minimal.     

International Law as Language—Towards a “Neo” New Haven School

This paper examines the tension between the mainstream belief in international law as a source of objectivity distinct from politics and its new stream critics that question the validity of such a distinction. It is argued that, as a type of language, international law is not distinct from politics as a function of objectivity, but rather by the fact that it serves the international community’s thymos. The phenomena of global administrative law and NATO’s use of force in Kosovo are analyzed as examples of how the thymos drives international law. Building on feminist theories of international law, the article sets forth a vision of international law as the primary communicative device for the international community’s thymos.     

Carl Schmitt on the Secularisation of Religious Texts as a Resacralisation of Jurisprudence?

Carl Schmitt, an increasingly influential German law professor, developed a provocative and historically oriented model of “political theology” with specific relevance to legal scholarship and the authorship of constitutional texts. His “political theology” is best understood neither as an expressly theological discourse within constitutional law, nor as a uniquely legal discourse shaped by a hidden theological agenda. Instead, it addresses the possibility of the continual resurfacing of theological ideas and beliefs within legal discourses of, for instance, sovereignty, the force of law and states of emergency (or “exception”) that present themselves as relentlessly secular, even—in the case of Kelsenian jurisprudence—”scientific”. This article illustrates and then critically evaluates Schmitt’s theory in terms of the authorship of constitutional texts in particular. It includes two case studies—genocidal colonial land appropriation and Kelsenian positivism in order to illustrate aspects of his political theology. Whilst Schmitt is defended against reductionist interpretations, I show that there remains considerable unfinished business before a Schmittian approach to legal theory merits full acceptance.     

The BDAE Complex Ideational Material—a Measure of Receptive Language or Performance Validity?

Scores on the Complex Ideational Material (CIM) were examined in reference to various performance validity tests (PVTs) in 106 adults clinically referred for neuropsychological assessment. The main diagnostic categories, reflecting a continuum between neurological and psychiatric disorders, were epilepsy, psychiatric disorders, postconcussive disorder, and psychogenic non-epileptic seizures. Cross-validation analyses suggest that in the absence of bona fide aphasia, a raw score ≤9 or T score ≤29 on the CIM is more likely to reflect non-credible presentation than impaired receptive language skills. However, these cutoffs may be associated with unacceptably high false positive rates in patients with longstanding, documented neurological deficits. Therefore, more conservative cutoffs (≤8/23) are recommended in such populations. Contrary to the widely accepted assumption that psychiatric disorders are unrelated to performance validity, results were consistent with the psychogenic interference hypothesis, suggesting that emotional distress increases the likelihood of PVT failures even in the absence of apparent external incentives to underperform on cognitive testing.     

Environmental Reporting as a Communications Tool: A Question of Enforcement?

This article examines the effect of mandatory corporate environmentalreporting in the context of corporate accountability. It asksthe question whether such reporting can be an effective communicationstool, both internally and externally and whether this will leadto a greater awareness of environmental issues throughout anorganisation, resulting in improved corporate decisions, practicesand outcomes. In order to answer this question, the author drawson longitudinal research examining the performance of the top100 Australian companies. The article then looks at the roleof the regulator, arguing that mandatory environmental reportingshould be coupled with guidance and enforcement by a regulatingauthority. The lack of this enforcement in Australia has resultedin the quality of the reporting being less than optimal. Throughoutthe article, the author has compared the Australian experiencewith that of Norway, which has similar mandatory corporate environmentalreporting laws.     

Prohibition of parallel imports as a vertical restraint: per se approach or a misunderstanding?

This paper attempts, on the one hand, to reveal the main principles of Competition Law (regulatory and case law framework) covering the prevention of parallel trade, mainly the prohibition of parallel imports, and on the other hand to cast light on the main effects of parallel imports prohibition imposed by an upstream supplier on the competitive structure of the downstream market. Especially, the regulatory framework that relates to Block Exemption Regulation 330/2010, (ex Block Exemption Regulation 2790/99), with Block Exemption Regulation 461/2010 (ex Block Exemption Regulation 1400/2002) in order to determine whether prohibition of parallel imports constitutes a hardcore restriction or not, while the economic analysis evaluates it in a geographical vertical market with upstream suppliers and downstream buyers which sell goods to the final (domestic) consumers. Administrative anticompetitive measures are considered as well. The results indicate that the prohibition of parallel imports by upstream firms cause vertical restraints to the domestic customers of the buyers.     

Embutramide,a Component of Tanax®(T‐61) as a New Drug of Abuse?

Tanax^®(T‐61) is a euthanasia solution commonly used in veterinary medicine in Europe. It consists of three active components: embutramide, mebezonium iodide, and tetracaine hydrochloride. Human consumption of Tanax^®(T‐61) is usually associated with suicide attempts. In our 15‐year‐long practice, embutramide was detected only three times but within a short period. First, it was found in the urine of a 42‐year‐old veterinarian, and the other two observations were made in a 16‐year‐old young man. Urine samples were analyzed using Shimadzu Prominence TOX.I.S.II. HPLC–DAD system with online SPE extraction system. Both of the two patients denied any intention to die. These cases show that this veterinary drug may also be considered as potential drugs of abuse.     

Can You Talk Like a Lawyer and Still Think Like a Human Being? Mertz's The Language of Law School

The last thirty years in anthropology, as well as in linguistics and in many of the other social sciences, have been characterized by a shift in theoretical focus from structure to practice. In The Language of Law School: Learning to “Think Like a Lawyer” (2007), linguistic anthropologist and law professor Elizabeth Mertz has brought this practice perspective to bear on the extraordinary linguistic and cultural venue that is the first‐year law school classroom. In revealing the linguistic realities of teaching new students to “think like a lawyer,” she raises fascinating questions about the relationship between language and thought, the subtle effects of legal education, and the nature of law itself.     

More Harm than Good? The Language of Public Protection

Abstract: Issues of risk and public protection are currently a critical, and politically sensitive, area of practice for probation and youth justice services in England and Wales. The language of public protection shapes practice in significant ways, yet this use of terminology is an issue which has received relatively little attention. This article examines the current debate between policy makers and independent inspectors concerning the use of the terms 'harm' and 'serious harm' to illustrate how linguistic confusion can hinder practice. The article concludes with suggestions for an alternative vocabulary that could bring greater clarity to risk assessment and risk management processes.     

Mission impossible? Assessing the veracity of a mental health problem as result of a road traffic accident: a preliminary review of UK experts’ practices

The number of people claiming for personal injury after being involved in a road traffic accident (RTA) in the UK continues to soar. In April 2015, the UK Government intervened to implement measures aimed at reducing the prevalence of fraud within such personal injury claims. However, these reforms did not include claims for mental disorder that arise because of a RTA despite being responsible for substantially larger payouts in comparison with claims for whiplash. The present study examines the assessment practice for detecting fraudulent claims of this nature using a mixed methods survey analysing UK medico-legal professionals’ assessment methodologies (N = 37). The findings suggest comprehensively that assessment practices in this field are idiosyncratic. The findings evidence limitations in all aspects of the assessment process from medico-legal assessors being asked to undertake examinations without the presence of medical records to 44% of examiners being unaware of the three types of malingering. The article concludes with recommendations for improving both assessments and the assessment process for assessing RTA claimants in the UK.     

To marry a thief? Crime type as a deterrent to cohabitation

Objectives

Using a vignette study, we investigated the relative attractiveness as cohabitation partners of five different types of offenders, male as well as female.

Methods

Respondents advised a hypothetical person whether he or she should start cohabiting with his or her partner who had offended once. Gender and type of offence were systematically varied.

Results

Our findings suggest that violent offenders are equally attractive as serious property offenders. Against expectation, perpetrators of relational violence are not rated as less attractive than other violent offenders, even if they are male, and also when females are the raters. Male violent offenders are rated as less attractive cohabitation partners than female violent offenders. Sex offenders are the least attractive cohabitation partners, particularly those who had offended against a child.

Conclusions

Crime type matters: sex offending impacted consistently negatively on cohabitation advice. This effect may be partly due to the fact that many regard sex offenders as incurable and ‘deviant.’ Violent offending did not elicit markedly negative advice. Perhaps it was considered less of a risk because of the message in the vignette that the prospective cohabitants had a good relationship. It may also be that many young people have been in a fight or have slapped someone in their lives, and, therefore, downplay the seriousness of this offence.

     

Child Abuse as a Catalyst for Wife Abuse?

This paper draws on Matza’s (1964/1990) theory of deviance to propose that the father’s current abuse of the child moderates the relationship between father’s patriarchal beliefs and current perpetration of husband violence in South Korea. Drawing on Matza’s concept of neutralizing beliefs, the paper argues that child abuse potentiates patriarchal beliefs, allowing husbands to extend rationalizations for child abuse to rationalizations for wife abuse, resulting in an interaction effect. The paper tests this hypothesized interaction effect using data from a nationally representative sample of 585 South Korean men. The paper then tests a competing alternative hypothesis that any type of violence (including violence outside the family) by the father acts as a moderator. Support is found for the child abuse as moderator hypothesis but not for the competing hypothesis.