No Harm No Foul? Objectivism and the Law of Attempts

Law and Philosophy -     

No More Negotiated Deals?: Settlement of Trade and Investment Disputes in East Asia

Many argue that East Asian countries have come to adopt ‘aggressivelegalism’ in trade and investment policy, in the sensethat they have come to settle their trade and investment disputesthrough the dispute settlement mechanism (DSM) of the WTO andthe other third-party procedures. Scrutiny of the dispute casesof these countries shows, however, that East Asian legalismis not so aggressive, that it varies country by country, andthat there still exists room for negotiated deals in settlingtrade and investment disputes among them. On the other hand,the recent move toward regional integration through free tradeagreements (FTAs), economic partnership agreements (EPAs), andbilateral investment treaties (BITs) in East Asia may lead tothe adoption of a more aggressive legalism in the region, inparticular in settling investment disputes, disputes relatingto intellectual property rights, and trade remedies.     

The association between the offender–victim relationship,severity of offence and attribution of blame in mentally disordered offenders

Abstract

The aim of this research was to investigate the association between the offender–victim relationship, severity of violence and attribution of blame for a violent act. Data were collected from 65 male psychiatric inpatients from two secure units. Participants were divided into three groups according to how well they knew their victim: victim well-known, victim acquaintance and victim stranger. Violent acts were further ranked according to offence severity. Participants were administered the Quick Test (QT) and the Gudjonsson Blame Attribution Inventory (GBAI). Although there was a trend towards higher guilt attributions when the victim was well-known to the perpetrator, this relationship was complicated by the severity of the violent act. The most severe ranking of offence (i.e. murder/manslaughter) was most common in the offender group who knew their victim well. Furthermore, guilt-feeling attributions were highest in the most severe ranking of offence. The implications of these findings for assessment and intervention programmes are considered.     

Application of LC−QTOF/MS for the validation and determination of organic explosive residues on Ionscan® swabs

The identification and confirmation of trace explosive residues along with potential precursors and degradation products require a comprehensive laboratory analysis procedure. This study presents the determination of organic explosives consisting of hexahydro-1,3,5-trinitro-1,3,5-triazine (RDX), 2,4,6-trinitrotoluene (TNT), 2,4,6,N-tetranitro-N-methylaniline (Tetryl), 1,3,5-trinitrobenzene (1,3,5-TNB) and pentaerythritol tetranitrate (PETN) by a high-resolution liquid chromatography quadrupole time-of-flight mass spectrometry (LC−QTOF/MS). The qualitative information including retention time, collision energy, precursor ions, and characteristic fragmentation pattern of each explosive were collected using an atmospheric pressure chemical ionization (APCI) in negative ion mode. The separation efficiency among five compounds was greatly achieved in this study. Four real explosive samples consisting of TNT, RDX, PETN and Tetryl and 12 Ionscan® quality control swabs from the Royal Thai Army were also tested to validate and verify the viability of the GC–MS method used to validate results from an Ionscan® system. The results showed that LC−QTOF/MS is a powerful technique for the identification and confirmation of thermally unstable organic explosives on Ionscan® swabs compared to a conventional GC−MS technique.     

Walter Scott and the Reform of the Scottish Judicature 1806–10

The significance of the effort to reform the Court of Session in the early nineteenth century lies in the fact that it represented the first time Westminster had proposed to alter a key Scottish institution protected by the articles of the 1707 Act of Union. Scott as a Clerk of Session played a crucial role in the process, initially resisting reform and then undertaking to shape it. At the same time, his literary patriotism as Britain's best-selling poet was criticized by Britain's most famous cultural critic, Francis Jeffrey, a fellow member of the Faculty of Advocates. Jeffrey as editor of the Edinburgh Review wrote a controversial review of Scott's best-selling poem about the Battle of Flodden, Marmion, which accused Scott of being too ‘English’ in his treatment of this Scottish tragedy. And yet, more than Jeffrey, Scott was opposed to the Whig project of reforming Scottish law to make it more ‘constitutional’ or ‘English’. Using original documents held by the National Archives of Scotland, the Advocates Library, and the National Library of Scotland, this article examines Scott's role in making this controversy a matter of interest for both British literature and legal history.     

Law of the Kyrgyz Republic “On the Main Principles of Administrative Activities and Administrative Proceedings” of July 31, 2015 No. 210

The 2015 Law of the Kyrgyz Republic “On the Main Principles of Administrative Activities and Administrative Proceedings” defines 1) the principles and rules governing the relations between state authorities and local self-governments, and individuals and legal persons; and 2) criteria of legal evaluation of government activities by courts.     

If All Nations was without Belief,There is No Constitutional Government and Rule of Law——Civilization inspecting the relationship between national belief and China's pursuit and practice in constitutionalism

中国人民追求宪政并且为之奋斗一百余年但社会效果仍不理想的根本原因在于一百年多来中国人没有形成较为稳定的、长期的、统一的精神信仰.信仰也是一种规则体系、价值体系,可以补充、完善法律的规范作用.一个民族只有解决了信仰问题,才有可能走向宪政或法治.     

‘No,buddy, I will not speak to the press – I am working!’: criminal justice and the interprofessional dynamics of communication production in the Chilean Public Prosecutorial Office

This article analyses the interprofessional dynamics of communication production in the criminal justice system. Through 26 in-depth interviews, we investigate the production of media information on prosecutorial work in Chile, tracking the relationships between internal communication agents, prosecutors, and external legal journalists. Previous scholarship has shown the success of police organizations in defining the content of crime communication based on asymmetrical power relations with the media. By contrast, our study reveals that legal journalists can bypass attempts to control the flow of information from the prosecutorial office and impose extra-organizational goals. Lawyers regularly dismiss the work of journalists, particularly those working as strategic communication advisors with prosecutors, but the asymmetrical relationship between the criminal justice agency and the media plays in favour of external legal journalists. Our article considers several explanations for this configuration, including interprofessional values, transactional relationships between journalists and prosecutors, and local legal culture.