‘If you’d had my life,you’d have done it too’: exploring the experiences of adult males who rape elderly females

This study focused on adult males who have committed a sexual offence against elderly victims (aged 55 and over) in order to increase our understanding of this group of offenders. Semi-structured interviews were conducted with five such individuals. Interview data were analysed using interpretative phenomenological analysis. Four main themes emerged: life's been really tough (where participants talked about difficulties they had faced); I’m not bad, I did what anyone would do (where participants sought to explain their behaviour); Other people haven’t helped or have made things worse (where participants highlighted challenges they faced in relationships and the impact they felt this had); and Coping and pleasure (which highlights the use of sex and alcohol in their lives). Implications for the practice and treatment of individuals offending against elderly victims are discussed.     

W.A. Schabas,Nowak’s CCPR Commentary: U.N. Covenant on Civil and Political Rights, 3rd rev. edn.

Netherlands International Law Review -     

L’Etat face au défi numérique

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

A Criticism of M. Siderits and J. L. Garfield’s ‘Semantic Interpretation’ of Nāgārjuna’s Theory of Two Truths

This paper proposes a critical analysis of that interpretation of the Nāgārjunian doctrine of the two truths as summarized—by both Mark Siderits and Jay L. Garfield—in the formula: “the ultimate truth is that there is no ultimate truth”. This ‘semantic reading’ of Nāgārjuna’s theory, despite its importance as a criticism of the ‘metaphysical interpretations’, would in itself be defective and improbable. Indeed, firstly, semantic interpretation presents a formal defect: it fails to clearly and explicitly express that which it contains logically; the previously mentioned formula must necessarily be completed by: “the conventional truth is that nothing is conventional truth”. Secondly, after having recognized what Siderits’ and Garfield’s analyses contain implicitly, other logical and philological defects in their position emerge: the existence of the ‘conventional’ would appear—despite the efforts of semantic interpreters to demonstrate quite the contrary—definitively inconceivable without the presupposition of something ‘real’; moreover, the number of verses in Nāgārjuna that are in opposition to the semantic interpretation (even if we grant semantic interpreters that these verses do not justify a metaphysical reconstruction of Nagarjuna’s doctrine) would seem too great and significant to be ignored.     

Just When You Thought You Understood New Jersey Allocation Law: Implications,Limitations, and Complications in Applying Farmers Mutual Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass’n

The New Jersey Supreme Court's recent decision in Farmers Mutual Fire Insurance Company of Salem v. New Jersey Property-Liability Insurance Guaranty Association holding that a 2004 statutory amendment requires all solvent triggered liability policies be exhausted before the Guaranty Association pays statutory benefits for an insolvent's share has created many uncertainties in allocating long-tail liabilities. This article discusses the implications and the significant limitations of the Farmers Mutual decision and the questions it leaves unanswered, and responds to arguments that the decision supports revisiting other situations where New Jersey's Owens-Illinois methodology allocates losses to the insured.     

What’s in a Name? Organizational,Environmental, and Cultural Factors on Support for Community Policing in Turkey and the U.S.

Community policing (COP) represents officers’ expectations of police work that revolves around specific order maintenance chores that take place within the community. It is generally assumed that police officers are cognizant of the community policing type activities occurring in police organizations where COP is either formally or informally adopted. However, very little research has been done to examine whether or not police officers in other countries are engaging in similar COP type activities without the organizational endorsement or official implementation of community policing as it is known in the U.S. and elsewhere. The aim of this paper is twofold. First, we compare law enforcement officers’ attitudes toward their conceptions of police work with specific attention to order maintenance and community oriented type police activities in two countries, Turkey (no formal COP programs) and the U.S. (formal and informal COP programs). Secondly, we examine to what extent police organizational and environmental factors in these two countries influence officers’ conceptions of community-oriented policing activities. Findings suggest that, relative to Turkey, U.S. police officers have a favorable disposition toward COP type activities, suggesting name does matter. However, findings in both countries also suggest that officers’ orientation to police work that is reflective of the police operational philosophy, and the organizational and environmental factors are better predictors of COP type activities.     

His master’s voice: H.L.A. Hart and Lacanian discourse theory

H.L.A. Hart’s jurisprudence seems antithetical to Jacques Lacan’s psychoanalysis. Professor Schroeder argues that, in fact, Hart’s concept of law has surprising similarities to Lacan’s ‘discourse of the Master’. Both reject a command theory of law: subjects do not obey law out of fear. Moreover, both insist that the authority of law is completely independent from its content. Anyone seeking to develop a psychoanalytically sophisticated critical legal theory should reconsider Hart. As insightful as his concept of the symbolic is, Lacan has no expertise in legal systems and does not discuss positive law per se. Although he posited a theory of ethics in his Seventh Seminar and the seeds of a jurisprudence are implicit within his theory, he offers no account of legal right, justice or what Hart misleadingly calls ‘morality’. A Lacanian jurisprudence must, therefore, be supplemented by other sources. Moreover, legal positivists should not dismiss psychoanalysis. As insightful as Hart’s jurisprudence is, his theories of legal subjectivity and linguistics are simplistic and his concept of law too narrow. He describes only one aspect of legal experience: obedience to law. He ignores what most legal actors do: Hart’s concept of law excludes the practice of law. Although Lacan’s ‘master’s discourse’ surprisingly parallels Hart’s jurisprudence, Lacan does not restrict the symbolic to the master’s discourse. It requires three other ‘discourses’. Lacan, therefore, supplements Hart. Specifically, Lacan’s fourth discourse describes the excluded practice of law and provides the mechanism by which ‘morality’ can critique law.

Juvenile and Family Court Judges’ Knowledge and Attitudes About Sex Trafficking of Minors: Associations with Gender,Race, and U.S. Region

Juvenile and family court judges are a professional group that have a significant amount of decision-making power in cases of sex trafficking of minors. The purpose of this project is to examine the association of juvenile and family court judges’ gender, race, and U.S. region with their attitudes and knowledge about sex trafficking of minors. Drawing from a survey of 55 juvenile and family court judges in the U.S., this study used standardized scales to measure attitudes and knowledge about child sex trafficking. Results indicate some differences by gender and geography in a sample of experienced judges across the U.S. The consistency of these findings are discussed in the context of other research and implications for targeted training.