Commentaries on the issue

Lynne Rudder Baker, Saving Belief: A Critique of Physicalism Princeton: Princeton University Press, 1987, xii + 177 pp.

Daniel C. Dennett, The Intentional Stance Cambridge: MIT Press, 1987, xi + 388 pp.

Paul M. Churchland, Matter and Consciousness Cambridge: MIT Press, revised edition, 1988, xii + 184 pp.     

Searching the Soil: Forensic Importance of Edaphic Fauna After the Removal of a Corpse

Abstract: Arthropods at different stages of development collected from human remains in an advanced stage of decomposition (following autopsy) and from the soil at the scene are reported. The corpse was found in a mixed deciduous forest of Biscay (northern Spain). Soil fauna was extracted by sieving the soil where the corpse lay and placing the remains in Berlese–Tullgren funnels. Necrophagous fauna on the human remains was dominated by the fly Piophilidae: Stearibia nigriceps (Meigen, 1826), mites Ascidae: Proctolaelaps epuraeae (Hirschmann, 1963), Laelapidae: Hypoaspis (Gaeolaelaps) aculeifer (Canestrini, 1884), and the beetle Cleridae: Necrobia rufipes (de Geer, 1775). We confirm the importance of edaphic fauna, especially if the deceased is discovered in natural environs. Related fauna may remain for days after corpse removal and reveal information related to the circumstances of death. The species Nitidulidae: Omosita depressa (Linnaeus, 1758), Acaridae: Sancassania berlesei (Michael, 1903), Ascidae: Zerconopsis remiger (Kramer, 1876) and P. epuraeae, Urodinychidae: Uroobovella pulchella (Berlese, 1904), and Macrochelidae: Glyptholaspis americana (Berlese, 1888) were recorded for the first time in the Iberian Peninsula.     

For the Want of Certainty: Vnuk,Juliana and Andrade and the Obligation to Insure

In 2014, the Court of Justice of the European Union in Damijan Vnuk v Zavarovalnica Triglav extended the requirement for the owner of a motor vehicle to possess insurance cover where the vehicle is used on a road or other public place to vehicles on private land. Beyond disquiet as to this extension, there remains uncertainty at statutory and jurisprudential levels. According to Fundo de Garantia Automóvel v Juliana, immobilised vehicles stored on private land but which are capable of being driven are subject to compulsory motor vehicle insurance whereas in Andrade v Crédito Agrícola Seguros, insurance is required only where the vehicle is used as a means of transport. Andrade appears overly restrictive and may operate to defeat the protections of the Motor Vehicle Insurance Directives. Clarification is needed, through a seventh MVID or direction from the CJEU, as to the authority of Andrade and the circumstances in which motor vehicles must be insured.     

Procedural Innovation and the Surreptitious Creation of Judicial Supremacy in the United Kingdom

In Re an Application by the Northern Ireland Human Rights Commission for Judicial Review, the Supreme Court made unfavourable comments about Northern Irish abortion legislation in a way which showed complete disregard for elements of civil procedure which are a foundation of proper adjudication within the context of respect for democracy. This was but the latest of a number of cases in which the senior judiciary has made unaccountable procedural innovations furthering judicial supremacy in defiance of the sovereignty of Parliament. In addition to Re Northern Ireland Human Rights Commission, two other of these cases, Simmons v. Castle and R (Miller and another) v. The Secretary of State for Exiting the European Union, will be discussed. These cases reveal an effort to create judicial supremacy by means which we are obliged to call surreptitious.     

Caremark Compliance for the Next Twenty‐Five Years

One of the most influential cases in corporate governance is In re Caremark International Inc. Derivative Litigation (Caremark). In 1996, Caremark imposed a novel duty on boards of directors to make a good faith attempt to implement and exercise oversight over obligations leading to liability. Breach of this minimal duty has been difficult for plaintiffs to plead and prove, and the case law is littered with dismissed Caremark lawsuits. As Caremark's reign reaches a quarter‐century, however, its duties are primed to evolve. Two cases, Marchand v. Barnhill and In re Clovis Oncology, Inc. Derivative Litigation, took the rare step of allowing Caremark claims to survive motions to dismiss. These cases signal a new understanding of Caremark obligating boards not merely to attempt oversight, but to ensure proactively that such oversight is effective. This subtle but significant change in board duties is one to which the academic literature should respond. This article first reviews the Marchand and Clovis cases and argues that these cases hold significance for the future of Caremark claims. Second, this article studies client advisories from law firms and other sources that evaluate the Clovis and Marchand cases. It finds that while these advisories offer useful tactical responses, they lack strategic advice that would benefit boards over the long term. Filling the gap, this article presents long‐term strategic advice for boards not only to meet Caremark duties but also to thrive as exemplars of good governance and ethical leadership for the next twenty‐five years.     

Teaching the Political Context of EC Law

Books reviewed in this article: D. Dinan, Ever Closer Union? An Introduction to the European Community J. Greenwood, Representing Interests in the European Union F. Hayes-Renshaw and H. Wallace, The Council of Ministers S. Hix and C. Lord, Political Parties in the European Union N. Nugent, The Government and Politics of the European Union R. Dehousse, The European Court of Justice: The Politics of Judicial Integration P. Craig and G. de Burca, EC Law, Text, Cases, & Materials D. Chalmers and E. Szyszczak, European Union Law. Volume One. Law and EU Government     

Abstracts of papers given at the 25th annual conference of the Scottish legal history group

Modern Legal History. A. H. Manchester. London. 1980. Butterworths. xxv and 419 pp (incl. Index). £14.50 cased, £9.75 limp.

Introduction historique au droit. John Gilissen. Brussels. 1979. Emile Bruylant. 756 pp. 2200 Bfr. (2075 Bfr. abroad).

Legal Evolution: The Story of an Idea. Peter Stein. Cambridge. 1980. Cambridge University Press. xi and 131 pp (incl. Index). £15.00 cased.

Judecata Domneasca în Tara Româneasca ?i Moldova (1611–1831) (Princely Justice in Wallachia and Moldavia, 1611–1831) Part I. Judicial Organisation, 1611–1740 by V. A. Georgescu and P. Strihan. Editura Academiei Republicii Socialiste România, Bucharest, 1979, 218 pp. Lei 17.

Bizantul ?i Institutiile Române?ti pîna la Mijlocul Secolului al XVIII lea (Byzantium and Romanian Institutions until the mid‐18th century) by V. A. Georgescu. Editura Academiei Republicii Socialiste Romania, Bucharest, 1979, 296 pp. Lei 22.50.

TUC: The Growth of a Pressure Group 1868–1976. Ross M. Martin. Oxford. 1980. Clarendon Press. xiii and 394 pp (incl. Index). £14.00 cased.     

DNA sequence characterization of the FGA STR locus in the free state population of South Africa

POPULATION: African (n=52), Mixed Ancestry (n=5), Caucasian (n=4) SAN (n=1).     

Comparing the psychological characteristics of un-apprehended firesetters and non-firesetters living in the UK

Deliberate firesetting research predominantly focuses on apprehended populations. In contrast, this paper focuses on the prevalence and characteristics of un-apprehended firesetters living in the UK. Social media was utilized to recruit 232 participants for an online questionnaire. Two hundred and twenty-five people answered a question relating to deliberate firesetting. Forty participants (17.78%) indicated that they had ignited a deliberate fire and were classified as un-apprehended firesetters. Firesetting was most common in childhood and adolescence. Relative to non-firesetters, un-apprehended deliberate firesetters were more likely to report; a diagnoses of a psychiatric illness, a diagnosis of a behavioural problem, having been suspended from school, a history of suicide attempts, experimenting with fire before the age of 10 years old, and having a family member who also ignited a deliberate fire. Un-apprehended firesetters also scored significantly higher compared to non-firesetters on the Fire Setting Scale and the Fire Proclivity Scale [Gannon, T. A., & Barrowcliffe, E. R. (2012). Firesetting in the general population: The development and validation of the Fire Setting and Fire Proclivity Scales. Legal and Criminological Psychology, 17(1), 105–122], the Fire Interest Rating Scale [Murphy, G. H., & Clare, I. C. H. (1996). Analysis of motivation in people with mild learning disabilities (mental handicap) who set fires. Psychology, Crime & Law, 2(3), 153–164], the Novaco Anger Scale and Provocation Inventory [Novaco, R. W. (2003). The Novaco Anger Scale and Provocation Inventory: NAS-PI. Los Angeles, CA: Western Psychological Services], the Boredom Proneness Scale – Short Form [Vodanovich, S. J., Wallace, J. C., & Kass, S. J. (2005). A confirmatory approach to the factor structure of the Boredom Proneness Scale: Evidence for a two-factor short form. Journal of Personality Assessment, 85(3), 295–303], and the Measure of Criminal Attitudes and Associates Scale [Mills, J. F., & Kroner, D. G. (1999). Measures of criminal attitudes and associates: User guide. Unpublished instrument and user guide].     

De/limiting Emptiness and the Boundaries of the Ineffable

Emptiness (śūnyatā) is one of the most important topics in Buddhist thought and also is one of the most perplexing. Buddhists in Tibet have developed a sophisticated tradition of philosophical discourse on emptiness and ineffability. This paper discusses the meaning(s) of emptiness within three prominent traditions in Tibet: the Geluk (dge lugs), Jonang (jo nang), and Nyingma (rnying ma). I give a concise presentation of each tradition’s interpretation of emptiness and show how each interpretation represents a distinctive aspect of its meaning. Given that Buddhist traditions (1) accept an extra-linguistic reality and (2) maintain a strong tradition of suspicion of language with the belief that language both constructs and distorts reality, this paper responds to an issue that is not so much whether or not an inexpressible reality can be expressed, but rather how it is best articulated.     

Identification and Individualization of Lophophora using DNA Analysis of the trnL/trnF Region and rbcL Gene

Lophophora williamsii (peyote) is a small, spineless, greenish‐blue cactus found in Mexico and the southwestern United States. Ingestion of the cactus can result in hallucinations due to its content of mescaline. In the United States, L. williamsii is classified as a Schedule I controlled substance. In this study, we use DNA analysis of the chloroplast trnL/trnF region and chloroplast rbcL gene to identify the individuals of Lophophora. Using the rbcL gene, Lophophora specimens could be distinguished from outgroups, but species within the genus could not be distinguished. The trnL/trnF region split the Lophophora genus into several groups based on the length and substructure of an AT‐rich segment of the sequence. Our results indicate that the genetic variability at the trnL/trnF locus is greater than previously recognized. Although DNA structures at the trnL/trnF region and rbcL gene do not align with the classification of Lophophora species, they can be used to aid in forensic analysis.     

A Geometric Morphometric Approach to Sex Determination of the Human Adult Os Coxa

Abstract: Sex determination of the human skeleton is best assessed from the os coxa. The present study explored the possibility of using three‐dimensional landmark coordinate data collected from various landmarks located over the entire bone to determine whether there were significant sex differences local to the landmarks. Thirty‐six landmarks were digitized on 200 African American and European American male and female adult human os coxae. MANCOVA results show that sex and size have a significant effect on shape for both European Americans (Sex, F = 17.50, d.f. = 36, 63, p > F = 0.0001; Size, F = 2.56, d.f. = 36, 63, p > F = 0.0022) and African Americans (Sex, F = 21.18, d.f. = 36, 63, p > F = 0.0001; Size, F = 2.59, d.f. = 36, 63, p > F = 0.0005). The discriminant analysis shows that sexing accuracy for European Americans is 98% for both males and females, 98% for African American females, and 100% for African American males.     

A Study of the Impact of Diversion and Community-Based Treatment on the Bucks County Juvenile Justice System, 1974–1979

This study examines the changes in three variables associated with the processing of delinquent youth by the Juvenile Court from 1974 through 1979. The data on numbers of youth referred to court, on adjudicatory probation and committed to public and private institutions is examined for a three-year period prior to significant court diversion and community-based treatment (1974–1976), and compared with a three-year period during which many diversionary services and treatments occurred (1977–1979). Data is also studied from two counties similar to Bucks in youth population-Delaware and Montgomery counties. The results show significant changes within Bucks County: a 9 percent decrease in total court referrals while Delaware experienced a 63 percent increase and Montgomery a 28 percent increase; significant reduction of probation in Bucks, a slight reduction in Montgomery and a 28 percent increase in Delaware County; and most importantly in terms of service costs, institutional commitments increased only 17 percent in Bucks, while increasing 63 percent in Montgomery and 208 percent in Delaware. Data on total reported offenses (crime rates) does not indicate major differences among the three counties; rather there seems to be variation in the types of services and processing of troubled youth which have resulted in 45 percent lower costs for the juvenile probation services in Bucks County.     

The Pure Theory of Law and the Fragile New Democracies of the Developing World

Political and socio‐economic distress invariably accompanies democratic orders in Nigeria. Usually, the people turn to the military, justifying this by reference to a whimsically transferable peoples’ will as Grundnorm (a basic norm, order or rule that forms an underlying basis for the legal system). However, though ‘We the People’ is contained in the Preamble, it is dangerous to so situate the Grundnorm in the will of the people other than that will expressed by them in the Constitution. That said, the Grundnorm is still, for juristic and jurisprudential reasons, to be found in the Preamble.

For new democracies, the Nigerian example illustrates how not to employ the Grundnorm theory if democracy is to survive.     

Ethics,Justice, and Suffering in the Thought of Levinas: The Problem of the Passage

Emmanuel Levinas is the philosopherof suffering as such: a suffering withoutregard for its causes and justifications thatis manifested to the I in its encounter,``beyond being', with the face of the Other. ``Ethics as first philosophy', however,subsequently passes over to justice in Levinas'thought, and this means that it passes througha violence that is very much in being. The movement from ethics to justice revealswhat this essay calls ``the problem of thepassage'. Using the thought of Levinas as itspoint of departure, the essay attempts touncover this problem in all of its profundity. A characteristic of all thinking in the Westernphilosophical tradition, the passage fromA to B is best understood as a mode ofthinking that clings to the passage assuch – in the form of ``A B' – as itsown special way of persisting in being. At thesame time, however, this means that ethicscannot support or comfort justice withoutdevouring itself, which is to say the self that both ethics and justice seem torequire.     

A Preliminary Study of Insect Succession in Al‐Ahsaa Oasis,in the Eastern Region of the Kingdom of Saudi Arabia

Rabbit carcass decomposition was examined in four seasons in Al‐Ahsaa Oasis. Decomposition rate was significantly faster in summer compared with other seasons. Fourteen insect species from four orders and seven families were recorded: Calliphoridae, Muscidae, Sarcophagidae, Formicidae, Histeridae, Dermestidae, and Tenebrionidae. Most of the fly maggots collected were Calliphoridae with only one species from both Muscidae and Sarcophagidae. Maggots of Calliphora vicina (R.‐D.) and Chrysomya albiceps (Wiedemann) colonized the carcasses in all seasons while both Ch. bezziana (Villeneuve) and Lucilia sericata (Meigen) were found in all seasons except for winter. Maggots of Chrysomya megacephala (F.) and Phormia regina (Meigen) were only collected in the summer and autumn, respectively. Four coleopteran species were collected: Hymenorus sp., Saprinus chacites (Illiger), Dermestes maculatus DeGeer and Blaps sp. One formicidian species, Pheidole megacephala (F.), was observed in all seasons. Insect richness was greater, and decomposition rate was faster in summer compared with other seasons.     

Rectifying the Course of Rectification

In Daventry District Council v Daventry & District Housing Ltd [2011] EWCA Civ 1153, the majority of the Court of Appeal held that a contract should be rectified because of a common mistake. This note discusses that decision and recent developments in the law of rectification. It is argued that the approach of the majority in Daventry is unsatisfactory, and that an emphasis upon ascertaining whether the parties have objectively made a common mistake may be inappropriate: rectification should only be granted in order to reflect the parties’ subjective intentions. Such an approach might help to distinguish common mistake rectification from unilateral mistake rectification.     

沦"儿童最大利益优先原则"在中国的确立——兼论《婚姻法》等相关法律的不足及其完善

International documents like the Declaration of the Rights of the Child (1959) and the Convention on the Rights of the Child (1989) propose that in mediating on children issues, the best interests of the child should be the primary consideration. In China, the Constitution and the Law on the Protection of Minors have already set out the terms in principle for the protection of minors, however, it has not been defined in the Marriage Law (2001). In order to enforce the commitment of respecting and safeguarding human rights, the child’s best interest principle should be established in marriage and family law, along with amending related provisions. Chen Wei is a professor of law, and director of the Research Center for Foreign Family Law and Women Theories in the China Southwest University of Political Science and Law. She is in the teachings of civil law, family law, law of succession, the history of civil law and comparative family law for years. During 2003–2004, Prof. Chen, being a visiting scholar, studied foreign family laws in the Faculty of Law, Sydney University. In academic field, she has published over 50 research articles in China and abroad; and her monograph is Research on the Legislations of Marriage and Family Law of China (2000). Further, she has taken charge of editing over 10 books, for instance, A Comparative Study of Family Laws between the Mainland and Hong Kong, Macao and Taiwan of China (2002), A Comparative Study of Foreign Marriage and Family Law (2006) and A Comparative Study of Succession Laws among the Mainland, Hong Kong, Macao and Taiwan of China (2007).     

Anaximander's Rhythm and the Question of Justice

My essay examines the oldest fragment ofWestern philosophy, the saying of Anaximander,with respect to its elucidation of justice as arhythmic process consisting of both `law' and`care'. In doing so, I proceed by giving areading of the Anaximander fragment by itself,focusing on the question of its rhythmicstructure and its determination of therelationship between dike (law asjustice) and adikia (injustice). Thispart of the essay includes an excursus onAristotle's transformation of Anaximander'srhythm into a recognizable ethical science. Ina second part I engage the most profoundinterpretation of Anaximander, that by MartinHeidegger (1946). Concentrating on Heidegger'sconcept of Verwindung (a kind of`overcoming') as well as on his emphasis on theoccurrence of the notion of tisis (care)in the Anaximander fragment, I cull fromHeidegger the central idea that dikeand tisis exist in a necessaryrelationship. In the third and final part Iattempt a provisional examination of therelation between dike and tisis todemonstrate the shortcomings of justice-as-law,with a focus on the questions of restitutionand equity as central aspects of the law. Iconclude with an appeal to an integration of`care' into the conceptual thinking aboutjustice. An addendum addresses the question oftime with respect to the Anaximanderianrhythm.     

The Zong in the Context of the Eighteenth-Century Slave Trade

This contribution places the Zong tragedy in the wider context of the eighteenth-century Atlantic slave trade, a global business venture which from 1750 to 1807 was dominated by British ships. Evidence for ‘jettison’ within the British slave trade is examined, and the uniqueness of this aspect of the Zong case is emphasised. Attention is given to the role of the Zong hearings of 1783 in bringing together individuals who would go on to play a leading role in the British anti-slavery movement, established in 1787. Finally, this article examines the impact of the Zong incident upon eighteenth-century maritime insurance law relating to ‘human cargoes’, and on the passage of the ‘Dolben Act’ (the first Act to regulate British slave shipping) in 1788.