The faces of death: regional differentiation in cause-specific mortality in the past

In mortality research, much attention has been paid to the strong geographical differentials in mortality levels and in modern mortality decline, as the analysis of this geographical differentiation might hold the key to explaining the determinants of mortality change. The use of historical cause-specific mortality data has proved a challenging, although very insightful, means to this end. The four contributions to this special issue focus on cause-specific mortality in the past, both to reassess older data using new insights and to challenge existing insights by using new data and methods. These papers, of which earlier versions were presented during the thirty-eighth Social Science History Association (SSHA) Meeting in Chicago, 21–24 November 2013, explore mortality at different stages of the life course, ranging from early infancy to old age. Moreover, each paper revolves around a different group of causes of death. Although the papers are in many ways rather different, together they demonstrate how different data, theoretical frameworks and methodologies can push the boundaries of research into the trends and determinants of historical mortality patterns.     

Australian tort law reform: statutory principles of causation and the common law

By mid-2004, Parliaments in each Australian jurisdiction will either complete or will be in the process of partial codification of the law of torts. The reforms, including those to the law of negligence, are extensive. This article focuses on codification of the law of causation as an element of the cause of action in negligence. It examines the background to "tort reform", as the process has been labelled, and discusses the common law paradigm of negligence and various approaches to causation. It then analyses and compares the causation provisions in each jurisdiction.     

Backspatter on the firearm and hand in experimental close-range gunshots to the head

The deposition of backspatter on the firearm or person shooting can greatly assist the reconstruction of shooting incidents. Backspatter was investigated in experimental transverse gunshots (9-mm Luger) to the heads of calves (n = 9) from shooting distances of 0 to 10 cm. The firearms were examined with a magnifying glass; the surgical gloves and the right sleeve worn by the person shooting were examined with a stereomicroscope. On the firearms, backspatter of blood was found in five of the nine cases, and one or both gloves showed bloodspatter deposits in six and the right sleeves in four cases. Most droplets were 1 to 3 mm and circular or elongated. In addition, a fine spray of tiny blood deposits was present on the firearm and textiles in four cases. The distribution of the droplets on the firearms varied: the areas included regions shielded by prominent parts, and the droplets were predominantly located on the extensor side of the fingers and the radial aspect of the hands and sleeves. Backspatter of tiny bone fragments was recovered from the firearm and sleeve in only one case, but tissue (bone, fat, muscle, skin) was present on the ground in front of the entrance wound in seven cases. A careful investigation, including appropriate lightning and magnification, is necessary for reliable statements concerning the absence of backspatter or the extent of backspatter present.     

A comparison of adjustment methods to test the robustness of an STR DNA database comprised of 24 European populations

An aim of the European Network of Forensic Science Institutes (ENFSI) is to produce a DNA database of second generation multiplex (SGM) STR profiles that is representative of the resident cosmopolitan populations. To achieve this, data were collected from 24 different populations. All of the data were combined to form one database of 5700 profiles from which allele proportions were calculated. The robustness of this combined European database was tested by estimating parameter d for every DNA profile, where d=log(10)(Pm(c)/Pm(E)) Pm(c) is the match probability of the profile calculated from its cognate database and Pm(E) is the match probability of the combined European database. Overall there was a small tendency for Pm(c)>Pm(E) primarily because of sampling bias. This bias was removed by the simple expediency of applying an adjustment factor to the calculation of Pm(E). These were selected from the Balding size bias correction, the Balding and Nichols Fst correction, a minimum allele proportion (between 0.01 and 0.02), an upper bound of a 95% confidence interval (CI) and a lower bound on the genotype match probability. It was demonstrated that a single European database is a feasible proposition. A combination of different adjustment methods can be used to ensure that the result is conservative relative to the cognate database, and their effect measured by parameter d.     

Party autonomy in the choice of law under Indian and Australian private international law: some reciprocal lessons

The outbreak of the COVID-19 pandemic will affect the performance of several contracts and is likely to increase the number of disputes before the courts. In agreements with a foreign element, the adjudication of the rights and liabilities will depend on the applicable law. Most legal systems have embraced the doctrine of party autonomy and, accordingly, permit the parties to expressly select the law to govern the disputes that arise from international contracts. India and Australia are no exception to this trend. In general, the courts in both the commonwealth countries have reported having been influenced by judicial practices of one another to develop their own law. Despite their common law roots, the interpretations attached to the doctrine of party autonomy in the choice of law have varied in some respects in these countries. The paper analyses the judicial trends on the subject and demonstrates the role that party autonomy will play in resolving international disputes where the performance has been affected by the eventualities such as the COVID-19 pandemic in India and Australia. The paper delves into the manner in which the courts in India and Australia may offer reciprocal lessons to each another to revolutionise to interpret the doctrine of party autonomy in the choice of law.     

Excessive risk disclosure: the effects of the law on medical practice

This article examines the debate surrounding the challenging concept of informed consent. It argues whilst the English courts have effectively excluded the use of the tort of battery as an appropriate mechanism for protecting a patient's right to self-determination, they have left the law in a state of flux due to the uncertainties associated with categorising similar claims within negligence where the onus is on risk disclosure. This confusion may stem firstly from the fact that medical practitioners are unsure exactly which risks to disclose, and secondly, from the way in which both doctors and patients perceive the consent process. The paper suggests this disorder may be having a detrimental effect on medical practice as medical practitioners are taking it upon themselves to disclose excessive information, which patient's may not want or need. A suggestion is also made that in these situations, in order that the law truly respects self-determination, consideration must be given to the patient's desire to waive their right to informed consent.     

制约与解释--生活场景对法律生命的考量

人与社会存在的固有事实与本来逻辑显示,内含秩序与正义两大终极价值的法律与人的生活场景紧密结合在一起.法律的存在也是一个过程,具有断裂的可能性.人的生活场景是由自然性的物质世界、社会性的物质世界、文化世界、关系世界构成的统一体,决定着法律的生成、运作与进化;法律也不断地解释着人的生活场景,法律的生命在解释的过程中体现出来.在此过程中,法律必须具有深厚的亲和力.     

Multifactorial analysis of firearm wounds to the head with attention to anatomic location.

Firearm wounds to the head are often fatal and are routinely encountered in the practice of forensic pathology in the United States. Often, the anatomic site of the entrance wound is used to support or refute the manner of death indicated by the scene investigation and/or circumstances of the case. The present retrospective study of 120 fatalities resulting from 140 firearm wounds to the head correlates the anatomic region of the entrance wound and range of fire with the manner of death. Other demographic data analyzed include age, race, and gender of the decedents, as well as evidence of drug and/or ethanol use. It is hoped that this study will provide concrete data to support the largely anecdotal associations between the specific site of entry of firearm injuries to the head and the manner of death.     

Decriminalizing the issuance of bad checks in Turkey: an analysis of the effects of changes in penalties

The aim of this study is to carry out an economic analysis of the consequences that arose following the decriminalization of the issuance of bad checks in Turkey. In our statistical analysis we examined the legal situation of bouncing checks in three periods: before 2009 when the issuance of bad checks was subject to imprisonment, between 2009 and 2012 when a partial decriminalization took place and between 2012 and 2014 when the issuance of bouncing checks was fully decriminalized and penalties were reduced to only administrative fines. We test the hypotheses that partial or full decriminalization led to a rise in the number of bad checks in Turkey. We find that there is no statistical evidence for an association between the first, modest step of the decriminalization process (Law No. 5941) and the frequency with which checks bounced in Turkey. However, full decriminalization of bouncing checks (Law No. 6273) led to an increase in the frequency of bad checks. We also find that the establishment of a Risk Center by the Bank Association of Turkey helped to identify customers not worthy of credit and was successful in decreasing the frequency of bad checks. We conclude that in the case of Turkish check law imprisonment was more effective in deterring writers of bad checks than the administrative and civil sanctions that are now in place. Nonetheless, private credit screening efforts also promoted the targeted policy goal of limiting the number of bad checks in Turkey.     

A probabilistic approach to the joint evaluation of firearm evidence and gunshot residues

The present paper addresses issues that affect both the separate as well as the joint evaluation of firearm evidence (i.e., marks) and gunshot residues (GSR). Mark evidence will be used as a basis to discriminate among barrels through which a bullet in question might have been shot whereas GSR will be used to draw inferences about the distance of firing. Particular attention is drawn to the coherent handling of uncertainties associated with the various parameters considered within each item of evidence. The proposed analysis relies on a probabilistic viewpoint that uses graphical models (i.e., Bayesian networks) as an aid to cope with the complexity induced by the number of variables considered. The paper discusses how an approach based on a probabilistic network environment can be used for the formal analysis and construction of arguments. Emphasis is made on the gain of insight into structural dependencies that may be uncovered when the evaluative process is extended beyond single items of scientific evidence.     

Forensic-medical assessment of irritant distribution on the target in gas firearm shots

Distribution of irritant on the target after a shot from a 99 mm gas gun ME-38 COMPACT from different distances and gas gun MAUZER (a 9 mm HSc model) in use of different ammunition was studied. There is a correlation between irritant distribution characteristics, distance of shot and cartridge brand.     

A single approach to the recovery of DNA and firearm discharge residue evidence.

The Laboratory of the Strathclyde Police Forensic Support Department extracts DNA from cellular material recovered from garments submitted as evidence. The standard method used an adhesive tape attached to a plastic or acetate support. This paper demonstrates a method whereby a single sample, recovered from clothing, can be examined for Firearm Discharge Residue and then extracted for DNA.     

Pre-parliamentary backgrounds of Australian major party MPs: effects on representation

Legislative recruitment patterns are an important study in the field of political science, given their consequences for the practice of parliamentary government. The Australian parliament is a bicameral legislature, including a powerful elected upper chamber. This article details the pre-parliamentary party backgrounds of Australia's two major parties, the Australian Labor Party (ALP) and the Liberal/National Party coalition (LNP) in the 39th Australian Parliament (1998–2001). It is hypothesised that the pre-parliamentary backgrounds of Upper House major party MPs are dominated by central party experience, while the party experience of Lower House MPs is more significantly localised. It is further hypothesised that these differences in pre-parliamentary backgrounds will remain constant when the respective parties are evaluated individually. This appears something of a paradox given that one would expect central party activists to prefer a legislative career in the lower house, affording them greater ministerial opportunities. The causes of such deviations from expected background distributions amongst legislators is explored. Contrary to traditional findings, upper house MPs are highly partisan, performing functionary roles to assist their lower house colleagues secure re-election. Strong senator partisanship is reflected in the non-parliamentary practice of major party senators. Such partisanship is a consequence of party selection methods, the electoral system and pre-parliamentary party backgrounds, not necessarily the uniquely powerful Australian Senate. It is therefore significant in the Australian polity and may have consequences for less powerful and/or unelected upper chambers in other bicameral parliaments.     

Cable television and telephony in the telecommunications act of 1996: Economics,law, regulation and politics

Though reasonable people may argue about whether cable television and local telephone services are natural monopolies in theory, historically they have developed with infrastructures that make them more likely to have important declining cost characteristics in reality. Additionally, common carriage issues, especially for telephones, may necessitate regulatory oversight. Though touted as deregulation, and certainly eliminating many cross‐industry barriers, the Telecommunications Act of 1996 is better understood as reregulation. The act maintains a common carriage philosophy while attempting to promote competition. However, evidence indicates it is unlikely that the new regulatory regime will result in efficient prices or true competition. Instead, duopoly in cable and oligopoly in telephony are probably the best that can be achieved under the act.