Anderson v Dredd [2137] Mega-City LR 1

Administrative—judgment on the nature of judgment—conflict between Judges in judicial practice—claimant (Judge Anderson) challenges the judicial capacity of respondent (Judge Dredd)—claimant open and fluid in judicial style—respondent certain and authoritative in judicial style—insights from Psi Division on the role of judgment in the universe—whether respondent is a good judge—whether judgment closes down meaning—whether respondent is inhuman—whether judges are inhuman—whether judging is horrific—insight from twentieth century fiction on the place of humans in the universe—horror of HP Lovecraft—suppression of horrific cosmic context within judicial institution—suppression for the good of society.     

The Inner Logic of Exclusivism (and Inclusivism): Shapiro's Shadowing

Scott Shapiro, a prominent defender of exclusive legal positivism—exclusivism—has intriguingly (re)introduced a logical principle, the endorsement and rejection of which he (I take it) supposes can helpfully distinguish exclusivism from its contrary, inclusive legal positivism—inclusivism. It is an intriguing thought that principles pitched at such a high level of abstraction as this could distinguish between the two versions of positivism. My aim will be to test whether this principle—and associated principles—can do such distinguishing work.     

Reviews

Legal Marriage—who Needs it?: The Marriage Contract. By Lenore J. Weitzman. [New York: The Free Press. 1981. 536 pp. (incl. index) $17.95.] Legal Marriage—who Needs it?: Cohabitation Without Marriage. By Michael D. A. Freeman and Christina M. Lyon. [Aldershot, Hants.: Gower, 1983. 228 pp. (incl. index). £15.00.] Legal Marriage—who Needs it?: Unmarried Couples. By Winifred H. Holland. [Toronto: The Carswell Company. 1982. 249 pp. (incl. index) Can.$32.50.] Legal Marriage—who Needs it?: The Family Home. By W. T. Murphy and Hilary Clark. [London: Sweet and Maxwell. 1983. xxi and 229 pp. (incl. index) £6£95 (paperback).] Legal Marriage—who Needs it?: Fundamentals of Securities Regulation. By Louis Loss. [Boston and Toronto: Little Brown and Company. 1983. xxiii and 1353 pp. No price stated.] Legal Marriage—who Needs it?: Economic Realities and the Female Offender. By Jane Roberts Chapman. [Lexington, Massachusetts: Lexington Books. 1980. 234 pp. (incl. bibliog. and index). No price stated.] Legal Marriage—who Needs it?: Girl Delinquents. By Anne Campbell. [Oxford: Basil Blackwell. 1981. 266 pp. Paperback: £4-50.1 Legal Marriage—who Needs it?: The Analysis of Judicial Reform. Edited by Philip L. Dubois. [Lexington: D. C. Heath. 1982. xiv and 221 pp. £18·50.] Legal Marriage—who Needs it?: The Politics of Judicial Reform. Edited by Philip L. Dubois. [Lexington: D. C. Heath. 1982. xi and 187 pp. £18·50.] Legal Marriage—who Needs it?: Prosecution in the Public Interest. By Susan R. Moody and Jacqueline Tombs. [Edinburgh: Scottish Academic Press. 1982. xiii and 167 pp. £12·00.] Legal Marriage—who Needs it?: Free Speech: A Philosophical Inquiry. By Frederick Schauer. [Cambridge: Cambridge University Press. 1982. 237 pp. £ 20·00 (hardback) £6-50 (paperback).] Legal Marriage—who Needs it?: English Law and French Law. By René David. [Stevens/Eastern Law House. 1980. 195 pp. Hardback: £12·50.] Legal Marriage—who Needs it?: La Responsabilité Civile. By André Tunc. [Economica. 1981. 161 pp. Paperback: 65F.]     

A Voice for the Fish? Climate Change Litigation and Potential Causes of Action for Impacts under the United Nations Fish Stocks Agreement

The seas—all the seas—cry for regulation as a veritable res communis omnium. ² Louis Henkin, Arctic Anti-Pollution: Does Canada Make—or Break—International Law? 65 AJIL 131, 136 (1971).      

Expectations in a Joyless Landscape

“Ahead there stretches—to the farthest horizon—the joyless landscape of the public interest state. The life it promises will be comfortable and comforting. It will be well planned—with suitable areas for work and play. But there will be no precincts sacred to the spirit of individual man.” (Charles Reich, “The New Property”¹)     

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.

相似文献   

Shaping the path to inventive activity: the role of past experience in R&D alliances

In this paper, we investigate a recurrent organizational event—R&D strategic alliances—and analyze its multidimensional effect on inventive activity; in particular, we examine the quality of the inventive process outcome. In so doing, we address the still-unresolved issue of the impact of past experience in explaining performance differences between firms in the realm of alliance inventiveness. Our results offer new insights concerning the crucial drivers of invention quality and technological breakthroughs. As expected, results suggest that—in the area of R&D—alliances formed by experienced partners are more likely to produce inventions that effectively synthesize technological knowledge from more diverse domains. In fact, experienced alliance partners are more likely to generate useful inventions with a greater innovative impact on others’ subsequent inventions—knowledge that can be built upon. Surprisingly, results are indeterminate with regard to whether innovation via R&D alliance increases invention’s degree of applicability across diverse scientific and technological fields that might cite its patent.     

INFORMAL CONTROL AND ILLICIT DRUG TRADE*

Antidrug legislation and enforcement are meant to reduce the trade in illegal drugs by increasing their price. Yet the unintended consequence is an increase in informal control—including retaliation, negotiation, avoidance, and toleration—among drug users and dealers. Little existing theory or research has explored the connections between informal control and drug trading. This article uses the rational choice and opportunity perspectives to explore the question: How and why does the frequency and seriousness of popular justice—as a whole or for each form—affect the price and rate of drug sales? The proposed theory is grounded on and illustrated with qualitative data obtained from drug dealers. This article concludes by discussing the scholarly and policy implications.     

Economic cycles and punishment: Unemployment and imprisonment

Research on the relations between the labor market and forms of punishment, inaugurated by Rusche, has developed along two lines, broadly speaking: first, the historical evolution of the links between the structure of the labor market and the structure of punishment and secondly, the conjunctural variations in admissions to prison and in prison populations with fluctuations in the employment situation. The present study is of the latter type. It stems from observations on two aspects of the French situation:

The concomitant long-term evolution (1875–1985) of curves for unemployment and for prison populations, given the downward trend in imprisonment rates until recent years.

The constant over-representation, among prisoners, of groups whose position on the labor market is insecure.

The link between unemployment and imprisonment was tested by multiple regression using data on economic, demographic, penal and correctional aspects (French figures, 1920–1985). The results show the participation of demographic factors in the variations in prison populations. They point to a significant correlation between variations in unemployment (in volume and rate) and the evolution of prison populations, all else being equal in terms of recorded crime. Analysis of the functioning of the criminal justice system, showing the existence of an internal subsystem characterized by its procedures — pretrial detention —, the offenses — street crime —, the sentences — imprisonment — and the social characteristics of those convicted, suggests an approach to the interpretation of these findings.     

Hannah Arendt's Moral Ontology: Comments on David Luban's Arendt on the Crime of Crimes

David Luban identifies a tension between Arendt's conception of ethnic identification in a context of persecution and her conception of humanity. That tension pertains to the reality—or realities—that Arendt addresses: the moral reality of her Bildung that appears throughout her work, and is centered on the “dignity of man,” on the one hand, and the divisive, “political” reality that she was forced to face when “attacked as a Jew,” on the other. By implicitly accepting that in a context of persecution one cannot escape the framing relevance of the “political” —an idea that is also present in her imaginary condemnation speech of Eichmann—Arendt betrays a fundamental theme of her work: “forgiveness” and the inherent possibility of a “new beginning.”     

International human rights and the collegiation of journalists: The case of Costa Rica

This article examines the controversial Latin American practice of requiring colegio membership for journalists. The focus is a ruling by the Costa Rica Supreme Court that declared the obligatory‐membership requirement of the Costa Rica College of Journalists—one of Latin America's strongest colegios—to be unconstitutional because it violated the free expression clause of the American Convention on Human Rights. The courts incorporation of the American Convention's standard of press freedom is considered for its reliance on a provision of the Costa Rica Constitution that requires human rights protections of international treaties be held superior to national laws. The rationale's significance for the entire region—where 13 countries have colegio laws—is weighed by analyzing comparable clauses in the constitutions of other Latin American countries.     

The Strategic Use of Legislative Voting Procedures

Legislative votes can be taken by roll call—noting the position of each individual member—or by some form of indication (sitting or standing, shouting yea or nay, etc.)—noting only an aggregate outcome. Cameral rules define one method of voting as the standard operating procedure and how to invoke any alternative voting methods. We develop a series of hypotheses related to position taking to explain why, when procedures would typically lead to a vote taken by indication, legislators choose to vote by roll call—a means that makes it much easier for actors outside the chamber to observe the positions taken by individual legislators and partisan blocs. With data from Argentina and Mexico, we test these hypotheses regarding the strategic choice of vote procedures and their relationship to observed party unity.     

The Functions of a Contemporary State: Challenges for Russia

The authors describe four idealized alternative scenarios for Russia in 2020—Kremlin Gambit, Fortress Russia, Russian Mosaic and New Dream— and analyze the views of focus-group participants concerning their probability and desirability. They find that these views are influenced only marginally by electoral preferences.     

Braving Jim Crow to Save Willie McGee: Bella Abzug,the Legal Left,and Civil Rights Innovation, 1948–1951

This article considers the role of Bella Abzug, lead counsel for Willie McGee from 1948–1951, in shaping the defense of this Cold War era Mississippi rape case. Representing McGee left an indelible mark on Abzug: she made her first trip south, wrote her first Supreme Court petition, and faced her first death threat. Participation in the Left legal bar—especially the National Lawyers Guild and Left feminist circles—shaped Abzug's legal consciousness as she redirected the McGee defense significantly in 1950. By joining race and sex, Abzug's legal argument zeroed in on the taboo of interracial sexual relations at the heart of Southern rape cases, thereby exposing the innermost sexual color line. She urged the courts and cause lawyers—albeit unsuccessfully—to pursue a more radical civil rights agenda than outlawing public segregation, as ultimately achieved in Brown v. Board of Education (1954), and typically recognized in Cold War civil rights scholarship.     

Cultural Policies and Local Planning Strategies: What Is the Role of Culture in Local Sustainable Development?

The authors draw a strategic framework for cultural planning at the local level. The concepts of industrial district and cluster have strengthened the role of space—in terms of external economies of localization and agglomeration—in economic development. The recent debate concerning contemporary development processes has underlined the increasing role of the cultural dimension for local development and has focused on different paths of clustering around cultural investment. The authors review the latest literature on cultural districts and illustrate some key cases around the postindustrialized world in which culture played a critical role by acting as a catalyst for major economic and social renewal. The authors present a strategic model of a progressive cultural district based on an asset-action matrix that intersects cultural policy drivers with capital resources. The authors define a new model of cultural district—the system-wide cultural district—as an emergent, self-organized model of cultural supply that displays significant strategic complementaries with other production chains with a typical, postindustrial characterization.     

Toward a Theory of Compliance in State‐Regulated Livelihoods: A Comparative Study of Compliance Motivations in Developed and Developing World Fisheries

This article addresses the question of how states can best promote citizens' compliance with laws that regulate livelihoods. Based on ethnographic data from fishing communities in three countries—Norway, Canada, and South Africa—the article compares compliance motivations that exist under different socioeconomic and political conditions. The comparisons give rise to a typology of three compliance motivations: deterrence, moral support for the law's content, and the legislator's authority. This article then identifies three governable preconditions—enforcement, empowerment of citizens, and civic identity—that respectively explain these motivations. The article argues that the compliance discourse in a given type of state must be framed such that it includes at least the governable preconditions for compliance that have not been met in that state. Consequently, a functional compliance strategy would vary between different state types. The article thus questions the transferability of the developed world's compliance discourses to the developing world.     

Appropriately Using People Merely as a Means

There has been a great deal of philosophical discussion about using people, using people intentionally, using people as a means to some end, and using people merely (or just, or only) as a means to some end. In this paper, I defend the following claim about using people: NOT ALWAYS WRONG: using people—even merely as a means—is not always (prima facie or pro tanto or all-things-considered) morally objectionable. Having defended that claim, I suggest that the following claim is also correct: NO ONE FEATURE: when it is morally objectionable to use people (either as a means or merely as a means), this is for many different kinds of reasons—there is no one wrong-making feature that every morally objectionable using has in common. After discussing these claims, I use them to present and motivate what I call the “precaution” theory of norms against using people. I conclude by considering a few cases from the criminal law context—cases that are naturally described as using people—to assess the moral appropriateness of this kind of use in these cases, and to demonstrate how the theory applies to the real world.     

Siberian "Zharki"

The charter of "Zharki"—the first experimental cooperative book publishing association in Siberia—has been registered with the Tsentral'nyi District Executive Committee in Novosibirsk. Our correspondent talked with V. Skal'nitskii, the chairman of its board.     

Bringing science to digital forensics with standardized forensic corpora

Progress in computer forensics research has been limited by the lack of a standardized data sets—corpora—that are available for research purposes. We explain why corpora are needed to further forensic research, present a taxonomy for describing corpora, and announce the availability of several forensic data sets.     

Alcohol‐Induced Blackout as a Criminal Defense or Mitigating Factor: An Evidence‐Based Review and Admissibility as Scientific Evidence

Alcohol‐related amnesia—alcohol blackout—is a common claim of criminal defendants. The generally held belief is that during an alcohol blackout, other cognitive functioning is severely impaired or absent. The presentation of alcohol blackout as scientific evidence in court requires that the science meets legal reliability standards (Frye, FRE702/Daubert). To determine whether “alcohol blackout” meets these standards, an evidence‐based analysis of published scientific studies was conducted. A total of 26 empirical studies were identified including nine in which an alcohol blackout was induced and directly observed. No objective or scientific method to verify the presence of an alcoholic blackout while it is occurring or to confirm its presence retrospectively was identified. Only short‐term memory is impaired and other cognitive functions—planning, attention, and social skills—are not impaired. Alcoholic blackouts would not appear to meet standards for scientific evidence and should not be admissible.