Garment, or Upper-Garment? A Matter of Interpretation?

In an adversarial common law courtroom, where one party tries to defeat the other by using words as weapons, polysemous words more often than not pose a problem to the court interpreter. Unlike in dyadic communication, where ambiguity can be easily clarified with the speaker by the hearer, court interpreters’ freedom to clarify with speakers is to a large extent restricted by their code of ethics. Interpreters therefore can only rely on the context for disambiguating polysemous words. This study illustrates the problem of polysemy in an interpreter-mediated rape trial. It exemplifies how the interpreter’s goal to avoid contradictions by making her interpretation of a polysemous word consistent with the preceding context runs counter to that of the bilingual cross-examiner, whose primary goal is to identify inconsistencies in the hostile witness’s testimony in order to discredit him. This study also manifests a denial of the interpreter’s latitude in the interpretation of contextual clues and her loss of power in a courtroom with the presence of other bilinguals.     

Substance use and Sexual Orientation: A Test of Hirschi’s Social Bonds Theory

A substantial amount of research assesses the ability of Hirschi’s social bonds theory to explain numerous deviance oriented outcomes. In addition to amassing support for the theory, studies have also examined social bonds from sex and racial perspectives finding variations in bond strengths. Despite the impressive body of literature, one area that has yet to be explored is how social bonds and their relationships with deviance may vary between sexual orientation groups. Thus, the current study sought to compare the strength of social bonds and assess how social bonds can predict substance use between heterosexuals and non-heterosexuals. Self-reported data collected from 626 college students was examined using linear and logistic regression models. Results revealed that social bonds tend to be stronger and better predictors of substance use for heterosexuals. This study is the first of its kind to explore social bonds as a predictor between sexual orientation groups. Results indicate there is a need to further explore the strength of social bonds as predictors between sexual orientation groups. Heterosexuals and non-heterosexuals have different experiences as a result of their sexual orientation leading to varying relationships between social bonds and deviance.     

“Does Contain” vs. “Does Not Contain”: Does it Matter which GMO Label is Used?

An analytical framework where heterogeneous consumers are imperfectly informed about product content is used to investigate the welfare effects of a public labeling system. Although a mandatory label that reads Does Contain or one that reads Does Not Contain genetically modified organisms (GMOs) provides information for both the labeled and the unlabeled goods, there is no reason why these labels should cause the same welfare effects. This paper shows that the two labels imply different distortions due to the associated cost of labeling. It is shown that the label Does Contain should be used if the ratio of consumers with a strong reluctance for consuming GMO goods to indifferent consumers is high, while the label Does Not Contain should be used if this ratio is low. Given the findings, the authors argue that current labeling differences in various countries need not be the result of protectionist trade regulations.     

The Medical Exception to the Prohibition of Killing: A Matter of the Right Intention?

It has long been thought that by using morphine to alleviate the pain of a dying patient, a doctor runs the risk of causing his death. In all countries this kind of killing is explicitly or silently permitted by the law. That permission is usually explained by appealing to the doctrine of double effect: If the use of morphine shortens life, that is only an unintended side effect. The paper evaluates this view, finding it flawed beyond repair and proposing an alternative explanation. It is not the intention of the doctor that counts, but the availability of an “objective” palliative justification.     

Mother Abuse: A Matter of Youth Justice,Child Welfare or Domestic Violence?

International evidence suggests that in advanced welfare states the abuse of parents, most particularly mothers, by their (most frequently male) adolescent children is increasingly prevalent. In the United Kingdom, however, child‐to‐mother abuse remains one of the most under‐acknowledged and under‐researched forms of family violence. Although it is an issue shrouded in silence, stigma, and shame, the authors' work in the youth justice sphere, focusing on interventions to deal with anti‐social behaviour, suggests that adolescent violence toward mothers is a topical and prevalent issue. We identify different ways of conceptualizing it in the policy realms of youth justice, child welfare, and domestic violence. The behaviour of both child/young person and mother is constructed in ways which inform the assignment of blame and responsibility. The paper highlights the silence that surrounds the issue in both the policy and wider academic spheres, hiding the failure of service providers to respond to this very destructive form of intimate interpersonal violence.     

European integration assessed in the light of the ‘rules vs. standards debate’

The interplay of various legal systems in the European Union (EU) has long triggered a debate on the tension between uniformity and diversity of Member States’ (MS) laws. This debate takes place among European legal scholars and is also paralleled by economic scholars, e.g. in the ambit of the ‘theory of federalism’. This paper takes an innovative perspective on the discrepancy between ‘centralized’ and ‘decentralized’ law-making in the EU by assessing it with the help of the rules versus standards debate. When should the EU legislator grant the national legislator leeway in the formulation of new laws and when should all be fixed ex ante at European level? The literature on the ‘optimal shape of legal norms’ shall be revisited in the light of law-making in the EU, centrally dealing with the question how much discretion shall be given to the national legislator; and under which circumstances. This paper enhances the established decisive factors for the choice of a rule or a standard in a national setting (complexity, volatility, judges’ specialization and frequency of application) by two new crucial factors (switching costs and the benefit of uniformity in terms of information costs) in order to assess law-making policies at EU level.     

The Professional Model of Law vs. The Business Model of Law: A Critical View of Opposing Trends in the United States of America and the People��s Republic of China

This study begins by reflecting on the literature characterizing the nature and function of a profession qua profession. It continues by arguing that based upon commonly used indicia of a profession that the practice of law in the US is de-professionalizing in significant ways and morphing towards a functioning business model. The related advantages of such a development for American society, its lawyers and their clients, including especially criminal defendants are critically discussed. It then traces the emergence and ascendancy of the rule of law in China and corresponding quest to institutionalize the practice of law in China as a profession. The study concludes by exploring the alternative advantages of applying the business model to Chinese legal practice. It recommends that embracing a paradigm shift away from the professional model towards a business model, comparable to what is happening in the US, would be to the greater advantage of Chinese lawyers in terms of enhanced authority, increased self-regulation, as well as providing greater leverage in advocating client interests.     

Adding Value to an Arena Legislature? A Preliminary Examination of Topical Debates in the British House of Commons

The introduction of the topical debate mechanism in the autumn of 2007 sought to enhance the contemporary nature of debate in the British House of Commons and to increase opportunities for the participation of backbench MPs. Though experimental in the first instance, these debates have since become an entrenched feature of parliamentary life. This note seeks to assess the impact of topical debates on a legislature which has long been characterised by the strength of its plenary sessions. Analysis of the topical debates held during the 2007–08 parliamentary session demonstrates that topic selection has indeed been broad, examining issues of both national and constituency concerns. Whilst there has been no extraordinary change in the House, the use of topical debates by backbench opposition MPs in particular is significant and has the potential to add considerable value to the House of Commons as an arena legislature.     

Does Nationality Matter? A Comparative Assessment of Perceptions Related to Litigiousness among Americans and Germans

Prior research has examined the salience of civil rights and freedom, core tenets of American life, and their impact on court accessibility and litigiousness. We extend this research by using a nationally representative sample of US and German residents to examine the impact of reported civic involvement and the perceived effectiveness of these activities on three outcomes related to litigiousness – use of a lawyer, seriously considering suing, and actually suing. The findings indicate that, with the exception of boycotting, civic involvement is not a significant predictor of litigiousness. Those who believe litigating is an effective way to participate in public life are more likely to litigate. Notably, Americans also are less likely than Germans to see litigation as effective and are substantially less likely to sue.     

The security of network systems — A review

Organisations in both business and government face a considerable risk from inadequately secured information systems. In recognition of these risks, Directorate-General XIII (Telecommunications, Information Industries and Innovation) of the Commission of the European Communities commissioned a series of projects to examine security issues in the use of information technology. The results of one of these studies, concentrating on the security of network systems, is reviewed below.It was an objective of the study that its results should be seen as definitive, authoritative and applicable across the European Community as a whole. In order to meet this objective, the study, led by Coopers & Lybrand, drew upon the skills and experience of 44 organisations in seven European countries, including:

• •⊎ Coopers and Lybrand practices in France, Germany, Italy, the Netherlands and the United Kingdom;
• •⊎ Admiral Management Services Ltd;
• •⊎ The Commission of the European Communities;
• •⊎ 17 vendors of IT products and services in five European countries;
• •⊎ 20 major users of network systems in seven European countries.

In particular, the study benefited from detailed case studies in each of the 20 large and sophisticated users of network systems and from assessments of 27 security products from twelve IT vendors.     

Does Moral Conviction Really Override Concerns About Procedural Justice? A Reexamination of the Value Protection Model

A large research literature on procedural justice demonstrates that people are more accepting of decisions that they do not feel are advantageous or fair when those decisions are arrived at using just procedures. Recently, several papers (Skitka, Pers Soc Psychol Bull, 28:588–597, 2002; Skitka and Mullen, Pers Soc Psychol Bull, 28:1419–1429, 2002) have argued that these procedural mechanisms do not have a significant influence when the decision made concerns issues about which those involved have strong moral feelings (“a moral mandate”). A reanalysis of the data in these two studies indicates that, contrary to the strong position taken by the authors, i.e. that “when people have a moral mandate about an outcome, any means justifies the mandated end” (Skitka, Pers Soc Psychol Bull, 28:594, 2002), the justice of decision-making procedures is consistently found to significantly influence people’s reactions to decisions by authorities and institutions even when their moral mandates are threatened.

The King of Farum—A Danish Corruption Tale

With the background knowledge that Denmark is one of the least corrupt nations in the world, this article explores the case of a mayor who for eight years worked ‘miracles’ for ‘his’ municipality but was later revealed to have built this community on circumvention of control mechanisms and laws. For this (and for his overwhelming consumption of expensive wines at the taxpayers’ expense) he was later sentenced to four years of imprisonment. He was not driven by personal economic gain, but more likely by a mixture between creating a municipality of his dreams and the almost absolute power that he ended up with just before the scandal hit the headlines. The case was revealed by two journalists from a yellow newspaper, but very soon police and other authorities as well as his fellow politicians followed up on the revelations, and his former political friends turned their back on him. It is not the story of a mayor who was bribed – but of a mayor who turned out to be ‘corrupt’ in a wider sense of the word.     

Fazhi vs/and/or Rule of Law?: A Semiotic Venture into Chinese Law

The paper is an investigation offazhi (rule of law) in China. The studyproposes a tentative semiotic framework for theinterpretation of the rule of law as a legalconcept to be applied to China in the light ofits recent incorporation into the ChineseConstitution. The paper argues that legalconcepts such as the rule of law are triadic innature and their constituents are relative,relational and contextual in the semioticinterpretative process. The study examines howthe concept can be explicated with the thin orformal theory of the rule of law as a frame ofreference, and how the semiotic model maycontribute to the understanding of the Chineserule of law or the lack thereof. This approachalso attempts to account for the gap betweenthe legal ideal and reality in China andcanvasses cross-cultural considerations. In thefirst part of the paper, a semiotic frameworkfor legal concepts is postulated forconstructing the meaning of the rule of law,followed by its application to contemporaryChina.     

European Editors of Economics Journals—A General Discussion

In a final inquiry at the end of the Conference on Editorial Policies the three editors, Bruno S. Frey (Kyklos), Manfred J. Holler (Homo oeconomicus), and Jürgen G. Backhaus (European Journal of Law and Economics), were asked to comment on their editorial policies. They answered by explaining the challenges they were or still are confronted with, which strategies they have already developed to go on and of course what they have learnt from the deliberations at this conference. In their statements they referred to their preceding paper presentations, and the contributions by Wolfgang Bergsdorf, who is the chief editor of Die Politische Meinung, and Peter Senn.