Brains in context in the neurolaw debate: the examples of free will and "dangerous" brains

Will neuroscience revolutionize forensic practice and our legal institutions? In the debate about the legal implications of brain research, free will and the neural bases of antisocial or criminal behavior are of central importance. By analyzing frequently quoted examples for the unconscious determinants of behavior and antisocial personality changes caused by brain lesions in a wider psychological and social context, the paper argues for a cautious middle position: Evidence for an impending normative "neuro-revolution" is scarce and neuroscience may instead gradually improve legal practice in the long run, particularly where normative questions directly pertain to brain-related questions. In the conclusion the paper raises concerns that applying neuroscience methods about an individual's responsibility or dangerousness is premature at the present time and carries serious individual and societal risks. Putting findings from brain research in wider contexts renders them empirically investigable in a way that does not neglect psychological and social aspects of human mind and behavior.     

The donor-conceived child's "Right to Personal Identity": the public debate on donor anonymity in the United Kingdom

On 1 April 2005, with the implementation of the Human Fertilisation and Embryology Authority (Disclosure of Donor Information) Regulations 2004, United Kingdom law was changed to allow children born through gamete donation to access details identifying the donor. Drawing on trends in adoption law, the decision to abolish donor anonymity was strongly influenced by a discourse that asserted the ‘child's right to personal identity’. Through examination of the donor anonymity debate in the public realm, while adopting a social constructionist approach, this article discusses how donor anonymity has been defined as a social problem that requires a regulative response. It focuses on the child's ‘right to personal identity’ claims, and discusses the genetic essentialism behind these claims. By basing its assumptions on an adoption analogy, United Kingdom law ascribes a social meaning to the genetic relatedness between gamete donors and the offspring.     

Juvenile detention: The hidden closets revisited

This is the first national study of juvenile detention in more than a decade. The findings indicate that these facilities are undergoing a fundamental and substantial change. The consensus of professional opinion as well as recommendations from national standard-setting bodies indicate that juvenile detention centers should be reserved for those youth who present a clear and substantial threat to the community and who need to be confined until they appear in court. Now these facilities are assuming an added function by serving as short-term commitment options for juvenile court judges. In addition, the study found that the excessive use of detention continues to be a major problem.     

“上访者被强送精神病医院”的法律分析

上访者等于精神病,这是个别地方政府的逻辑.不想群众上交矛盾,就要解决问题化解矛盾. "捂"和"堵"只会使上访问题愈来愈严重.上访本身并不可怕,关键的是如何依法对待上访,如何对待上访中反映出的问题.本文以"上访者被强送精神病医院"为例,分析其中反映出的法律问题.     

The debate over specialty hospitals: how physician-hospital relationships have reached a new fault line over these "focused factories"

Within the last 20 years, the fragile symbiotic relationship between physicians and hospitals has become increasingly strained. Physicians have created new healthcare delivery systems, including a host of for-profit, physician-owned specialty hospitals. Proponents of specialty hospitals argue that they provide high quality facilities and allow for innovative treatments. Opponents, however, contend that such hospitals "cherry pick" patients who otherwise would help to subsidize general hospitals, and point to the various fraud and abuse issues raised by physician-owned specialty hospitals. This Article examines the specialty hospital phenomenon and the arguments for and against such entities. It also analyzes whether an extension of the present federal moratorium on the construction of new physician-owned specialty hospitals is in the best interests of the country's healthcare system. The author concludes that the data are unclear as the overall impact of such hospitals and that they should not be further constrained until when and if the facts are clear.     

Capital punishment in Poland: The debate continues

Throughout its modern history, Poland has not escaped controversies surrounding the use of the death penalty. Tracing the historical development of laws dealing with the issue demonstrates an evolution influenced by various legal, political, social, philosophical, and international factors, leading up to the current absence of the penalty from the Polish legal system. The debate in society revolves around some stereotypical views held by different social groups. One of the biggest challenges is how to reconcile those views with empirical evidence, especially on issues like the deterrent effect of capital punishment. The authors describe the death penalty debate in Poland from these perspectives and take a retentionist position with regard to some selected crimes. As long as there are individuals willing to take other people's lives in a premeditated and deliberate manner demonstrating callous contempt for another person's existence, death remains the only punishment satisfying a sense of social justice and upholding the value of human life.