事实调查--被法学教育遗忘的领域

法学教育在培养法学院学生作为律师所需的技巧———如调查事实、整合所发现的事实及构思有说服力的事实理论的技巧———方面的成效不尽如人意的情况可谓司空见惯。笔者身为法学院的一名诊所教师,将在本文中对作为一种重要律师职业技巧的事实调查的价值进行探讨,并介绍可用来获取与当事人之处境有关的信息的两种方法———常规调查和非常规调查。     

A theory of identification

This paper analyzes the phenomenon of “identification” by an individual with actors in his environment. It argues that individuals interpret their environment according to “frames,” which they, as recipients of a message, derive by a complex process of interpretation of the communication setting. The paper also argues that individuals identify with actors in their environment, because this identification increases their utility vis-à-vis a “neutral” watching of their environment. The paper applies this approach to a variety of real life examples, in particular to voting.     

A case of polyagglutination

A case of erythrocytic polyagglutination in a healthy blood donor is reported. After a review of current literature, the results of clinical and serologic tests which led to the diagnosis of Tn-red cells polyagglutination are presented. This is only the sixth case of Tn-activation in a healthy blood donor. The clinical and forensic significance of this rare phenomenon is discussed.     

A Jurisprudence of Indignation

This paper argues that the images evoked in the literature of the Spanish indignados, and other contemporary global justice movements, specifically those of disciplinary and social decadence, a space?Ctime beyond the limits of the possible, obligations across generations, and, ultimately, of universal history as horizon and anticipation, reactivate the legal critique of absolute property that featured so prominently in nineteenth-century accounts of law, civil society, and revolutionary right, and then again in the context of twentieth-century decolonization and revolutionary movements. Insofar as such images can be distinguished from concepts, following a certain reading of the critical tradition (Milton, Rousseau, Kant, Hegel, Fanon) against the grain, they pave the way towards the formulation of a systemic critique or a ??jurisprudence of indignation??, in the wake of the emergence, rise and current crisis of the global market.     

A Question of Guilt

Abstract. This article inquires into the social function of guilt, especially collective guilt, and the implications thereof for collective violence and collective memory. The focus is on the relationship between collective violence and collective memory in countries that have experienced cultural trauma, defined as a dramatic loss of identity and meaning, a tear in the social fabric. Analyzing the dynamics—the mechanisms and processes—of remembering and forgetting such trauma, I argue that the idea of collective guilt is essential for making sense of collective violence and collective memory. Specifically, I show that collective violence requires collective action; that collective action produces collective guilt; that collective violence generates perceptions—and misperceptions—of collective guilt; and that collective memory is formed, deformed, and transformed by perceptions—and misperceptions—of collective guilt. The article uses illustrative data from a variety of cases to illuminate these dynamics. It concludes by explaining why understanding these dynamics is imperative for responding to historic injustice in the twenty‐first century.

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Corrective Justice as A Principle of Criminal Law: A Prolegomenon

This article argues that corrective justice is an adequate principle of criminalization. On my interpretation, corrective justice holds that, in order for an action to count as a crime, there needs to be a plausible normative story about an offender having violated the interests of a victim in a way that disturbs their relationship as equal persons and a subsequent story about responding to crime in a way that corrects this disturbance. More specifically, I claim that corrective justice is concerned with the protection of interests that persons have in owning private goods throughout standard interactions with other persons. The argument proceeds in three steps. First, I specify the subject-matter that principles of criminal law need to ground and provide an outline of the idea of corrective justice. Second, I show that corrective justice can account for the main cases of crime and the salient modes of criminal responsibility. I also argue that corrective justice can make sense of two prima facie recalcitrant types of cases (rape and inchoate offenses). Third, and finally, I address two objections to my corrective justice theory of criminal law. The first concerns the implications corrective justice has for locating criminal law along the private/public law divide. The second objection raises the putatively problematic consequences corrective justice has for understanding the separation between criminal and civil law.