Families and family structure in a Neo-Hellenic city: Hermoupolis in the mid-19th century

This article begins with the creation and development of the city of Hermoupolis and stresses its prominent economic role during the 19th century in the Greek state. It points out the problems of the official censuses and emphasizes the importance of the original source of the 1861 census of Hermoupolis, which was found in the city's municipal archives. It analyzes this source and offers some working hypotheses about the structure of households (where the dominant type is the simple family), the frequency of domestic servants, the wide spectrum of occupations, the origin of inhabitants, and social mobility based on 501 households (17%) representing 1901 individuals (17.52%) of the total for which we have information.     

A case of Vyākaraṇic oxymoroṇ: the notion of <Emphasis Type="Italic">Anvarthasaṃjñā</Emphasis>

The anvartha-sa?jñā compound associates two contradictory terms: anvartha, which means “[used] in conformity with his [etymological/first] meaning”, and sa?jñā which implies the idea of a convention; it therefore appears to be quite intriguing. The question is: is it relevant to focus on this contradiction or is it only a false problem? The aim of this paper is to answer the above question and this implies to grasp somewhat better the use of this notion by the Pā?inian grammarians. To do so, the author has studied the main texts of the Pā?inian tradition, having in mind the following questions: did the Pā?inian grammarians deal with this notion and, if so, in what terms? Did they perceive the contradiction raised by the association of the terms anvartha and samjñā? The study will show that this contradiction is only a false problem: according to the Pā?inian grammarians quoted above, even when a sa?jñā is provided with an etymological/first meaning and its bearer (or one of its properties) is partly described by this meaning, this sa?jñā belongs, above all, to the domain of convention.     

In Defence of <Emphasis Type="Italic">Punishment</Emphasis> and the Unified Theory of Punishment: A Reply

My book, Punishment, has three aims: to provide the most comprehensive and updated examination of the philosophy of punishment available, to advance a new theory—the unified theory of punishment—as a compelling alternative to available theories and to consider the relation of theory to practice. In his recent review article, Mark Tunick raises several concerns with my analysis. I address each of these concerns and argue they rest largely on misinterpretations which I restate and clarify here.     

CO<Subscript>2</Subscript> emission allowance allocation mechanisms,allocative efficiency and the environment: a static and dynamic perspective

The object of this paper is to place allocation mechanisms into a framework of Emission Trading Systems and thereby to establish a typology. It analyses how various assignment mechanisms deal with issues such as price determination, allocative efficiency and environmental considerations in a static and dynamic economy model. It analyses how allocation mechanisms are to be ranked and whether they serve the attainment of the general equilibrium. First the paper examines how market-based allocation mechanisms (auctions) perform in light of the above issues. Second the paper distinguishes between the two types of administrative allocation mechanisms: (1) financial administrative allocation mechanisms, combining payment schemes with bureaucratic expertise, and (2) free administrative allocation mechanisms, based inter alia on industrial policy considerations and on passed emission records (grandfathering). In particular, the value added of relative performance standards, which are for example included in the “Performance Standard Rate” (PSR) Emission Trading System, are examined as a means to provide allowances. The overall finding is that in a closed static economy and in the presence of an efficient trading market, different allocation methods produce equally efficient outcomes in allocative and environmental respects. With regard to an open dynamic economy, the impact of initial allocation mechanisms resembles those of a static closed economy. In such an economy the upper limit to the internalisation of negative externalities is given by operator’s costs of environmentally harmful relocation and hence the cost burden placed upon operators is crucial. Auctions and financial administrative allocation mechanisms perform less well than free administrative mechanisms. Relative standard base mechanisms, constituting an important element of the PSR Emission Trading System, perform better than grandfathering schemes because they take into account abatement possibilities of industries, minimise stranded costs and do not give rise to time shifting of abatement projects. It is therefore concluded that allocation mechanisms merit more attention than the discussion relating to capped trade and trade without a cap.      

Unraveling the <Emphasis Type="Italic">Kāvyaprakāśa</Emphasis>: Jayadeva Pīyūṣavarṣa’s idiosyncratic sequence of topics in the <Emphasis Type="Italic">Candrāloka</Emphasis>

In his twelfth century alaṃkāraśāstra, the Candrāloka, Jayadeva Pīyūṣavarṣa reverses the sequence of topics found in Mammaṭa’s Kāvyapr-akāśa, an earlier and immensely popular work. With such a structural revisionism, Jayadeva asserts the autonomy of his own work and puts forth an ambitious critique of earlier approaches to literary analysis. Jayadeva investigates the technical and aesthetic components of poetry in the first part of the Candrāloka, prior to his formal semantic investigations in the latter half of the text, thus suggesting that aesthetic evaluations of poetry beneficially inform scientific investigations of language. Jayadeva’s organization of his chapters on the semantic operations, moreover, intimates that the study of suggestive and metaphoric functions of language clarifies our understanding of denotation, which is conventionally understood to be the primary and direct path of verbal designation.     

<Emphasis Type="Italic">Ayam aham asmīti</Emphasis>: Self-consciousness and Identity in the Eighth Chapter of the <Emphasis Type="Italic">Chāndogya Upanişad</Emphasis> vs. Śankara’s <Emphasis Type="Italic">Bhāşya</Emphasis>

The article offers a close reading of the famous upanişadic story of Indra, Virocana and Prajāpati from the eighth chapter of the Chāndogya-Upanişad versus Śankara’s bhāşya, with special reference to the notions of suşupti and turīya. That Śankara is not always loyal to the Upanişadic texts is a well-known fact. That the Upanişads are (too) often read through Śan-kara’s Advaitic eyes is also known. The following lines will not merely illustrate the gap between text and commentary but will also reveal an unexpected Upanişadic depiction of ‘dreamless sleep’ and ‘transcendental consciousness’. Suşupti is described here as ‘one step too far’, as a ‘break’ or discontinuity in one’s consciousness; whereas turīya is depicted positively, and surprisingly even in wordly terms. Unlike the third state of consciousness in which there is no ‘world’ nor ‘me’, and which is described through Indra’s character as ‘total destruction’ (vināśa); in turīya, the world ‘comes back’, or rather the ‘renouncer’ returns to the world. Sankara’s position, as far as the story under discussion is concerned, is radically different. For him, the Upanişadic story illustrates the continuity of consciousness in all its states. For him, the identification with merely one of the consciousness-states is an error (adhyāsa) which causes suffering. Consciousness prevails even in suşupti, and turīya has nothing to do with ‘coming back to the world’, since there is nowhere to come back from or to. Turīya, as seen by the Advaitin, consists of all the other states of consciousness together, or as K. C. Bhattacharyya puts it, ‘It is not only a stage among stages; it is the truth of the other stages’. The article is dedicated to Prof. Daya Krishna (1924-2007).     

Opiate treatment in the criminal justice system: a review of <Emphasis Type="Italic">crimesolutions.gov</Emphasis> evidence rated programs

As drug control policy reform trends toward marijuana decriminalization, focus will shift to opiate enforcement which, in turn, accentuates substance abuse treatment. While the national offender reentry movement has effected widespread implementation of programming for co-occurring substance abuse and mental health disorders, the practice of Medicated Assisted Treatment (MAT) is nonstandard throughout the criminal justice system despite its evidence based status. This paper observes MAT delivered within and by the criminal justice system as indicated by evidence rated programs and practices listed in the national criminal justice evidence based registry crimesolutions.gov. Observation of these programs’ treatment orientation, client populations, delivery settings, and operational status inform discussion for additional MAT implementation and program registry augmentation.     

台前与幕后:一起清代命案的真相

近年来,中国法律史研究者对清代司法档案信崇有加,部分学者甚至对司法档案进行形式主义的表层解读。事实上,司法档案当中存在制作乃至虚构的成分。以清代同治十三年广东罗定州发生的梁宽杀妻案为例,通过对照分析以广东巡抚张兆栋和刑部尚书崇实名义所作的一份刑科题本与本案初审官员杜凤治所写的相关日记,可以发现,与日记相比,刑科题本中存在比较明显的虚构。这一发现,旨在提醒中国法律史研究者在研究司法档案时,必须保持应有的批判态度,留意其中可能存在的制作或虚构。     

Going Beyond Globalization and Localization: Articulating a Theory of Justice in <Emphasis Type="Italic">Han-</Emphasis>Chinese Culture

In the paper, I argue that the existing model of cultural-legal transplantation predicates on a binarism of overseas/local culture. Seeing the limitation of such a binary model, I aim to develop a transplantation/osmosis mechanism by elaborating the model of ‘cultural simularity’. I will also use the proposed model to examine how the Euro-American discourses of justice infiltrates/interacts with the Han-Chinese culture.     

Searchers vs surveyors in estimating the monetary value of a QALY: resolving a nasty dilemma for NICE

Recently, for many health economics researchers, empirical estimation of the monetary valuation of a quality-adjusted life year (QALY) has become an important endeavour. Different philosophical and practical approaches to this have emerged. On the one hand, there is a view that, with health-care budgets set centrally, decision-making bodies within the system can iterate, from observation of a series of previous decisions, towards the value of a QALY, thus searching for such a value. Alternatively, and more consistent with the approach taken in other public sectors, individual members of the public are surveyed with the aim of directly eliciting a preference-based - also known as a willingness-to-pay-based (WTP-based) - value of a QALY. While the former is based on supply-side factors and the latter on demand, both in fact suffer from informational deficiencies. Sole reliance on either would necessitate an acceptance or accommodation of chronic inefficiencies in health-care resource allocation. On the basis of this observation, this paper makes the case that in order to approach optimal decision making in health-care provision, a framework incorporating and thus, to a degree, reconciling these two approaches is to be preferred.     

Now <Emphasis Type="Italic">Everyone</Emphasis> Looks the Same: Alcohol Intoxication Reduces the Own-Race Bias in Face Recognition

Several factors influence the reliability of eyewitness identification evidence. Typically, recognition for same-race faces is better than for different-race faces (the own-race bias), and alcohol intoxication decreases overall face recognition accuracy. This research investigated how alcohol intoxication influences the own-race bias. Asian and European participants completed tests of recognition memory for Asian and European faces when either mildly intoxicated (mean breath alcohol concentration of .05) or when sober. Compared to their sober counterparts, intoxicated participants showed a reduced own-race bias. Specifically, alcohol intoxication had a larger negative effect on the recognition of same-race faces compared to different-race faces. The legal and theoretical implications of these results are discussed.     

<Emphasis Type="Italic">Maslahat</Emphasis>, the state and the people: opium use in the Islamic Republic of Iran

This article tracks the development of opium use in present day Iran. Investigating how opium use is influenced by ideological change within the country, this paper intimately attempts to understand how Iranian intellectual, religious and national movements affected and still affect opium use. Working from an historicist approach, this paper furthermore investigates the changing response of the state to this opiate addiction. Analyzing the Islamic Republic's response to opiate-drug use is key in understanding how state policy decisions are influenced by and embedded within these ideological movements of a nation, and, specifically, how the Islamic Republic’s constitutional policy of maslahat allows for flexible legal strategies to combat drug control. Such an investigation is important, not only in understanding the etiology of Iranian policies of drug control and criminalization, but also in understanding how ideological movements affect an individual’s choice to use illegal substances.     

Law,Fact and Narratives in Ancient Rhetoric: The Case of the <Emphasis Type="Italic">causa Curiana</Emphasis>

The present article examines the role of narratives in rhetoric and jurisprudence, trying to understand the ancient system of ‘issues’ (staseis), an essential part of the rhetorical curriculum in antiquity, with the help of some basic notions of legal semiotics. After a brief reconstruction of the doctrine, I argue that narratives are essential to classical rhetoric, that the basic types of issues correspond to particular stories in and of the trial, and finally that the system of ancient rhetorical theory is capable of giving an account of the narrativisation of the pragmatics of the trial. Then I turn to a cause célèbre of Roman law, the causa Curiana, trying to show that not only the trial itself but also subsequent (ancient and modern) debates concerning the case were shaped by some grand narratives, and that stories about the trial are likely to return to the court, where they may become part of the story of the trial.     

<Emphasis Type="Italic">Designing the New American University</Emphasis> by Michael Crow and William Dabars: a primer for technology transfer academics,agencies, and administrators

You should read this book if you identify with one or more of the following groups. The first group is the academic readership of The Journal of Technology Transfer, mostly organizational economists and policy analysts, who should read the book because it presents some compelling ideas for research and theory. The second audience is the journal’s policy making readership concerned with return-on-investment from universities, who should view the institutional design process touted by the authors with skepticism. The third audience is comprised of university administrators, who might be inspired by the book to reevaluate what they’re doing structurally at their own institutions.     

The Case of <Emphasis Type="Italic">variae lectiones</Emphasis> in Classical Islamic Jurisprudence: Grammar and the Interpretation of Law

The qirā?āt or variae lectiones represent the vast corpus of Qur?ānic readings that were preserved through the historical processes associated with the textual codification and transmission of the Qur?ān. Despite the fact that differences among concomitant readings tend to be nominal, others betray semantic nuances that are brought into play within legal discourses. Both types of readings remain important sources for the history of the text of the Qur’ān and early Arabic grammatical thought. While some recent scholars have questioned the historical function and nature of the corpus of qirā?āt, others have argued that specific types of variant readings were the resultant products of attempts to circumvent legal inconsistencies which were found in text of the Qur?ān or were generated through legal debates. Following a preliminary review of the historical framework of the genesis of qirā?āt through reference to early grammatical literature, an attempt will be made to shed some light on the role that semantic variation among concomitant readings played in the synthesis and interpretation of law. The aim will be to draw attention to the subtle theoretical frameworks employed by jurists for their contextualization and analysis. This will also include a review of attitudes towards the forms of qirā?āt that classical scholarship designated as being anomalous or shādhdha.     

Interrupting the Myth of the <Emphasis Type="Italic">Partage</Emphasis>: Reflections on Sovereignty and Sacrifice in the work of Nancy,Agamben and Derrida

Agamben traces the bio-political essence of modern politics to the non-sacrificial killing of Homo Sacer in Roman law. Nancy, on the other hand, links the history of Western politics to the fundamental logic of sacrifice in Western metaphysics. He nevertheless contemplates the possibility that Western societies may finally have arrived at the threshold of a non-sacrificial existence. Derrida seeks to resist the sacrificial logic of Western metaphysics and politics, but nevertheless appears to accept it as an irreducible fact of human co-existence. Unlike Nancy, he envisages no actual or actualised beyond beyond the realm of sacrificial metaphysics and politics. He thus can be said to interrupt Nancy’s ‘myth’ of a non-sacrificial partage. This article compares these three philosophical stances in the hope of throwing more light on the role of sacrifice in the law and politics of our time. Professor of Law, Rand Afrikaans University. Conversations with Ann van Sevenant, Carol Clarkson, Louise du Toit, Peter Fitzpatrick, Costas Douzinas and Adam Thurschwell gave impetus to many of the themes developed in this article. Concomitant shortcomings and inaccuracies, as always, are mine.     

“The Spectacle of Fearsome Acts”: Crime in the Melting P(l)ot in <Emphasis Type="Italic">Gangs of New York</Emphasis>

This paper explores the multi-layered representations of violence and crime in the recent Hollywood film Gangs of New York [Scorcese (2003) Miramax]. We use our exploration of this film to suggest that popular culture, even through its most mainstream products, can be seen as a critical criminological space where alternative views of law, crime and the state are made available. Rather than understanding Hollywood movies simply as vehicles for disseminating conventional mores, we suggest that they can furnish critical (and complex) points of view on law and crime and that the project of a critical criminology can be strengthened by engaging more forthrightly with these ubiquitous cultural forms.     

To have a voice in the matter: A comparative study of the Swedish and Danish European committees

This article deals with the issue of how the national parliaments might be strengthened in order to decrease the democratic deficit within the EU. It examines the parliamentary European committees in the Danish and Swedish Parliaments and concludes that their potential to influence and control their respective governments’ EU policies mainly depends on the Government's parliamentary base and opportunities for legislative influence open to parliamentary oppositions. Moreover, it examines various organisational aspects of the European committees, including distribution of tasks and internal co‐ordination within the Parliament, at what stage in the decision‐making process the European Committee and the Parliament are involved and information management. With some conspicuous exceptions, Denmark and Sweden have chosen the same organisational arrangements for dealing with EU affairs both in the Parliament as a whole and, specifically, in the European committees. The principal conclusion is that the European committees in Sweden and Denmark are effective means for giving the national parliaments a voice in EU matters, but the article also addresses some reforms to strengthen their positions.