The role of alternative hypotheses in reducing bias in forensic medical experts’ decision making

Medical opinions are often essential evidence in criminal cases but relatively little is known about the factors that impact forensic doctors’ decision making. This research examines the role and impact of having an alternative hypothesis while forming a medical opinion. A scenario-based experiment with forensic doctors (n = 20) was conducted. In two out of three scenarios, the existence of alternative hypotheses impacted the actual opinions reached, the confidence in the judgments and the perceived consistency with the plaintiff hypothesis. Investigative and legal actors should be aware of the possibility of biases and importance of having alternative hypotheses when requesting and evaluating medical opinions.     

Poetic Justice: An Interpretation of Lawyers’ Reactions to Verse Judgments

This article offers an interpretation of lawyers’ reactions to verse judgments, being judicial decisions rendered in rhymed poetry form. While, in recent history, there has been an unexplained break in the close historical connection between poetry and law, some judges nevertheless continue to render their judicial decisions in verse. This has met strong criticism from fellow judges, inevitably, but also from lawyers. However, there is no evidence in academic writing of anyone attempting to explain why lawyers are having these reactions. Endeavouring to fill that void, this research employs hermeneutics to offer an interpretation of lawyers’ reactions to verse judgments. The article analyses the varied opinions uncovered in five qualitative interviews with lawyers of different backgrounds, and contends that a movement of poetry back towards its utilitarian origins would see lawyers change their reaction to verse judgments, instead viewing them as an appropriate form of judicial expression.     

Retracing One’s Steps: Searching for the Ethics of Legal Interpretation

The article discusses the problem of interpretation in law. Are there some criteria by which we can distinguish a good interpretation from a bad one, interpretation from over-interpretation? It is argued in this article that there is always a choice in defining the meaning of a text and this choice can be seen as an ethical one. This article thus studies the question of limits of interpretation by focusing on the ethical elements of interpretation. It is argued here that legal interpretation contains a requirement of justice that shapes the responsibility that the interpreter carries for his choices of meaning. Therefore the ethical elements of interpretation are especially pressing in the interpretation of legal texts.     

Voluntary policing in Sweden: media reports of contemporary forms of police–citizen partnerships

Many Western-style democracies have witnessed a general shift in the distribution of crime prevention responsibility, away from the state and increasingly to citizens themselves. Civil society is today more and more often called upon as an additional policing resource. This article explores the phenomenon of voluntary citizen participation in policing in Sweden, based on an analysis of 9280 news-media articles. One state-sanctioned (the Volunteers of the Police) and one autonomous civic (Missing People Sweden) initiative were examined, from their respective start until 2017, to understand the role played by police–citizen partnerships in the establishment and legitimation of voluntary policing forms in Sweden. A high degree of integration between police and volunteer work was found, enabling not only effective citizen participation, but also having an influence on police operations. The more effective and publicly visible the voluntary policing bodies were, the more pressure there was on the police to defend its legitimacy, ally itself with the volunteers and regulate the latter’s activities while holding them responsible for their actions. Arguably, however, with the police–citizen relationship being one of integration and mutual dependence, the division of labour and the accountability of both parties risk becoming blurred or even confused.     

Shifting Interpretation in International Court of Justice’s Decision in the Islamic Republic of Iran v. United States of America: A Deliberate Step?

Iran and the United States (US) have resorted to the International Court of Justice (ICJ) on five occasions to settle their disputes. The latest dispute was initiated by Iran and pertains to US’s decision of withdrawal from the Joint Comprehensive Plan of Action (JCPOA) agreement and re-imposition of sanctions on Iran, including its nationals and companies. In this brief critique, the authors have analysed the preliminary objections and the ICJ’s approach in deciding the dispute. The authors have noticed that the ICJ digressed from its earlier decisions which involved the Treaty of Amity 1955 between Iran and the US. It is also to be noted that the ICJ has not substantiated its deviation with analytical observation. Also, it is opined that although the international adjudication lacks a system of precedent, it is the sacrosanct duty of the ICJ to establish a coherent jurisprudence in the interest of justice, which the ICJ has consciously neglected to achieve in this present dispute.

     

Verba and Voluntas – Conflict of Laws in Interpretation of Contracts

This paper aims to describe an existing legal practice of contractual interpretation in Estonian legal order. In order to investigate the semiotic essence of contractual interpretation and its limits, this paper narrows its focus on a notion “conflict of laws” (as developed by Roberta Kevelson). By conflict of law is meant a depiction of incompatibility or conflict of co-existing legal practices, the conflict, which is both internal and external to Estonian legal system. From the inner perspective of Estonian legal order, the conflict of law is subsequently reduced to the conflict in law, and being analyzed on the grounds of contract law, the conflict of legal rules, in fact becomes a issue of contractual interpretation. It is claimed in this paper that there has been a fundamental incompatibility between objective and subjective approaches to interpretation of contracts. As later as 19th century, with the development of systematic legal science, an apparent confusion of objective and subjective approaches was becoming transformed into an open and growing system of law, based on a fusion of both methods. This paper lays theoretical grounds for a practical test, which could measure the exact level of legal integrity between different elements of legal system.     

Polar Bear Sports Hunting: Canada’s Flawed Interpretation of the International Polar Bear Agreement

Abstract

In 1973 the five polar bear range states (Canada, Norway, Denmark, the United States, and the Union of Soviet Socialist Republics) entered into the International Agreement on the Conservation of Polar Bears and Their Habitat (“the Agreement”). The Agreement’s intention was to protect polar bears through conservation and management measures including, inter alia, prohibiting the taking of the carnivore. The implementation and enforcement of the Agreement was left to each individual country, resulting in differing management practices and legal frameworks among the signatory states. This is particularly stark in the context of sports hunting, with all nations except Canada outlawing the practice. Canada, striking out on its own, chose to interpret the provisions of Article III of the Agreement in such a way as to allow their provinces and territories to enact legislation to regulate the sports hunting of polar bears. This article argues that sports hunting is not a traditional right of Canada’s indigenous peoples and, therefore, Canada’s interpretation of the Agreement is critically flawed.     

A Śaiva Interpretation of the Satkāryavāda: The Sāṃkhya Notion of Abhivyakti and Its Transformation in the Pratyabhijñā Treatise

It is a well-known fact that the ?aiva nondualistic philosopher Utpaladeva (fl. c. 925–975) adopted the Sā?khya principle according to which the effect must exist in some way before the operation of its cause (satkāryavāda). Johannes Bronkhorst has highlighted the paradox inherent in this appropriation: Utpaladeva is a staunch supporter of the satkāryavāda, but whereas Sā?khya authors consider it as a means of proving the existence of an unconscious matter, the ?aiva exploits it so as to establish his monistic idealism, in perfect contradiction with the Sā?khya dualism of matter and consciousness. How does Utpaladeva achieve this complete reversal of meaning of the satkāryavāda? The present article argues that the elliptical verses of the ī?varapratyabhijñākārikā dealing with this issue have been partly misunderstood so far due to the loss of Utpaladeva’s own detailed commentary (Vivr?ti) on this passage: Abhinavagupta’s two commentaries, however terse in this respect, clearly show that a crucial part of Utpaladeva’s reasoning remains implicit in the verses. The article therefore attempts to reconstruct the gist of Utpaladeva’s strategy by having recourse to various other ?aiva sources, including Somānanda’s ?ivadr???i and Utpaladeva’s own commentary thereon. This examination shows that Utpaladeva’s appropriation of the satkāryavāda rests on a profound transformation of the Sā?khya notions of manifestation (abhivyakti) and potentiality (?akti), and that his criticism of the Sā?khya understanding of causality might target the ?aiva dualists as well as Sā?khya authors.     

The Interpretation of Matching Trace Evidence: A Legal Perspective

本文描述了用于规范法庭科学证言的英美证据法,这些法庭科学证言主要是解释微量物证之匹配的重要性。本文根据即将出版的维基百科全书法庭科学卷部分改编。     

Younger and older adults’ lie-detection and credibility judgments of children's coached reports

ABSTRACT

Previous research has examined young and middle-aged adults’ perceptions of child witnesses; however, no research to date has examined how potential older adult jurors may perceive a child witness. The present investigation examined younger (18–30 years, N?=?100) and older adults’ (66–89 years, N?=?100) lie-detection and credibility judgments when viewing children's truthful and dishonest reports. Participants viewed eight child interview videos where children (9–11 years of age) either provided a truthful report or a coached fabricated report to conceal a transgression. Participants provided lie-detection judgments following all eight videos and credibility assessments following the first two videos. Participants completed a General Lifespan Credibility questionnaire to assess credibility evaluations across various witness ages. Lie-detection results indicated that older adults had significantly lower discrimination scores, a stronger truth bias, and greater confidence compared to younger adults. Older adults also rated children as more competent to testify in court, credible, honest, believable, and likeable than younger adults. Participants with greater differences in their credibility evaluations for truth and lie-tellers were significantly more accurate at detecting lies. Responses to the Lifespan Credibility questionnaire revealed significant differences in younger and older adults’ credibility evaluations across the lifespan.     

Should Empathy Play any Role in the Interpretation of Constitutional Rights?

This paper explores the role that empathy can play in the interpretation of constitutional rights. It starts by analyzing the complex concept of empathy, comparing it with similar yet distinct concepts such as projection, sympathy and emotional contagion, then it discusses the widespread distrust of empathy among lawyers and legal thinkers. It will be argued that empathy can play a significant role in the interpretation of constitutional rights, mostly in identifying the interests and needs put forward in the claims and counterclaims of the parties. In the final section, the impact of empathetic judging on judicial minimalism will be briefly discussed.     

Outlines of a Pedagogical Interpretation of Nāgārjuna’s Two Truths Doctrine

This paper proposes an interpretation of Nāgārjuna’s doctrine of the two truths that considers sa?v?ti and paramārtha-satya two visions of reality on which the Buddhas, for soteriological and pedagogical reasons, build teachings of two types: respectively in agreement with (for example, the teaching of the Four Noble Truths) or in contrast to (for example, the teaching of emptiness) the category of svabhāva. The early sections of the article show to what extent the various current interpretations of the Nāgārjunian doctrine of the dve satye—despite their sometimes even macroscopic differences—have a common tendency to consider the notion of ?ūnyatā as a teaching not based on, but equivalent to supreme truth. This equivalence—philologically questionable—leads to interpretative paths that prove inevitably aporetic: indeed, according to whether the interpretation of ?ūnyatā is ‘metaphysical’ or ‘anti-metaphysical’, it gives rise to readings of Nāgārjuna’s thought incompatible, respectively, with anti-metaphysical and realistic types of verses traceable in the works of the author of the Mūla-madhyamaka-kārikā (MMK). On the contrary, by giving more emphasis to the expression samupā?ritya (“based on”), which recurs in MMK.24.8, and therefore, by epistemologically separating the notion of ?ūnyatā from the notion of paramārtha-satya (and of some of its conceptual equivalents such as nirvā?a, tattva and dharmatā), we may obtain an interpretation—at once realistic and anti-metaphysical—of the theory of the two truths compatible with the vast majority (or even totality) of Nāgārjuna’s verses.     

Differential effects of general versus cued invitations on children’s reports of a repeated event episode

The ability to describe individual episodes of repeated events (such as ongoing abuse) can enhance children’s testimony and assist the progression of their cases through the legal system. Open-ended prompts have been advocated as a means to assist children in accurately retrieving information about individual episodes. In the current study, two subtypes of open-ended prompts (cued and general invitations) were compared for their effects on five- to nine-year-olds’ (n?=?203) reports about individual episodes of a repeated event. Interviews occurred 1–2 weeks after the last of 4 event sessions. Cued invitations assisted children to provide specific details about individual episodes of a repeated event, while general invitations were useful to elicit more broad happenings of the episodes. The accuracy of responses to general invitations was similar for children of all ages up to one week after the event, but at a longer interview delay younger children were less accurate than older children. There were no differences in the accuracy of responses to cued invitations as a function of age or interview delay. Results suggest that interviewers tasked with eliciting accounts of individual episodes from a repeated event, such as ongoing abuse, should consider the differential efficacy of each prompt-type on children’s reports.     

Does hypernatremia cause subdural hematoma in children?: two case reports and a meta-analysis of the literature

Hypernatremia has been causally linked with subdural hematoma (SDH), but more recently this has been called into question. Conversely, there is a well-established link between SDH and injury. We wish to examine the evidence base that hypernatremia in infants and young children causes SDH.We present 2 cases of children with severe hypernatremia whose intracranial contents were assessed by imaging in the first case and postmortem examination in the second. Neither demonstrated SDH. The first case was important as the hypernatremia was iatrogenic occurring in a controlled hospital environment.We also searched the literature from 1950 to 2007, collecting data on all reported cases of hypernatremia in children younger than 7 years whose intracranial contents were examined by imaging, surgery, and/or postmortem examination. Of 124 cases reported in 31 articles, 112 cases developed hypernatremia in the community, and 12 in the hospital. Subdural hematoma was demonstrated in 7 cases, all of which had developed hypernatremia in the community under circumstances that would make it difficult to exclude nonaccidental injury. None of the 12 cases that developed hypernatremia in a controlled hospital environment had SDH.The evidence base supporting the hypothesis that hypernatremia causes SDH is poor, depending on isolated reports with uncertain histories.     

Therapy-related café coronary deaths: two case reports of rare asphyxial deaths in patients under supervised care

Café coronary deaths, as initially characterized, denote fatal occlusion of the upper airway by food substances. Such fatalities typically occur in individuals who either are clinically inebriated or have clinically significant neuromuscular dysfunction. Both conditions impair mastication and deglutition. The authors review the accidental deaths of two neurologically compromised patients under supervised care. Both subjects underwent complete medicolegal autopsy. In one case, ingestion of a prescribed emollient laxative precipitated death; in the other, death was attributable to aspiration of a contrast medium during a diagnostic radiographic procedure. These therapy-related deaths, which are regarded as a variation of the traditionally described café coronary fatalities summarized in the discussion, represent adverse events occurring during medical care. The adverse outcomes reviewed here are potentially avoidable and require special attentiveness by the clinicians directed to the particular condition of each patient. Such true aspiration-related deaths are confirmed on autopsy examination and are to be differentiated from the findings of agonal aspiration of gastric contents commonly encountered by the autopsy pathologist investigating deaths due to a great variety of natural and traumatic causes.     

Shakya Chokden’s Interpretation of the Ratnagotravibhāga: “Contemplative” or “Dialectical”?

Journal of Indian Philosophy - This reconciliation of the dialectical and contemplative approaches to the buddha-essence is related to and closely resembles Shakchok’s reconciliation of the...