On universal relevance in legal reasoning

The purpose of this essay is to defend a claim that a certain consideration, which I call unworkability, is universally and necessarily relevant to legal reasoning. By that I mean that it is a consideration that must carry legal weight in the justification of some judicial decisions in every legal system in which (1) all disputed matters of law can be adjudicated, and (2) all judicial decisions are to be legally justified. Unworkability's necessary relevance has important implications for a theory of relevance presented by Rolf Sartorius. On this theory, nearly all considerations that are relevant to a judicial decision are supplied by legal principles embedded in the legal rules and decisions, or by extralegal principles dependent, in some way, on the legal principles. (The exceptions to the embedding thesis that Sartorius would, no doubt, recognize are elaborated in the text but can be set aside here.) But there are possible legal systems which do not contain an embedded legal principle concerning unworkability; and nonetheless, unworkability is relevant to judicial reasoning in those systems. Hence, a theory of relevance that relies on principles embedded in the content of rules is too simplistic. Some substantive considerations are relevant for other reasons.     

Quantifiler observations of relevance to forensic casework

The Quantifiler (QF) kit is regularly used by forensic scientists for DNA quantitation. We performed in-house validation studies which revealed some interesting observations. The QF standard displayed a two-fold difference between two different lot numbers which suggests that every standard should be tested prior to use. The Promega K562 DNA standard works well with the QF kit. c. 41% of samples that inhibited the internal PCR control (IPC) system within the QF kit still produced good Profiler Plus reactions. QIAquick was effective at removing inhibitors. The presence of dyes within casework samples were observed not to inhibit QF amplifications. Template DNA greater than 100 ng/muL appeared to inhibit the IPC. Close to identical concentration results were obtained when alternative analysis settings were used. These validation findings will assist DNA processes involved in forensic casework.     

Fly larvae and their relevance in forensic toxicology

Toxicological analyses on a putrefied cadaver are sometimes difficult to perform because of the absence of blood and urine. In this study, fly larvae, being living material, are proposed as a new medium of investigation in forensic toxicology. Bromazepam and levomepromazine were identified and assayed in the remains of cerebral tissue, in the clavicle of a putrefied cadaver, and in the fly larvae found on and in the corpse.     

From research integrity to research relevance to advance forensic science

Research is essential for any field to move forward. It allows us to expand our body of knowledge and enables any discipline to advance its application and meet its overall purpose. This is of course also essential for forensic science, a fundamentally research-based discipline, to develop and validate detection or examination methods and gather data and establish frameworks to understand forensic traces and their value to relevant stakeholders, such as law enforcement and the courts.     

Toulmin's philosophy of argument and its relevance to offender profiling

This study sought to identify the extent to which claims about the probable characteristics of offenders in ‘offender profiles’ were based on substantive arguments. Because Toulmin's (1958) philosophy of argument has been demonstrated as a useful way of breaking down arguments into their constituent parts (Burleson, 1979) we examined the extent to which profiles contained grounds, warrants, backing and rebuttals to support or refute various claims about offenders. Twenty-one profiles, representing a range of ‘profiling styles’, were obtained from a variety of sources. All of these had been used in major criminal investigations either in the UK or internationally. Of the nearly 4,000 claims made, nearly 80% were unsubstantiated. That is, they contained no grounds, warrant, backing or rebuttal. Moreover, less than 31% of the claims were falsifiable. We argue that (a) this demonstrates the need for a careful, systematic evaluation of profiling advice (b) Toulmin's structure is one useful method for evaluating such material and for providing a possible framework for such advice.     

ECJ denies relevance of 'acquired attractiveness' for registration of shape marks

The ECJ rejects the suggestion of the Dutch Supreme Court thata shape which gives substantial value to the product (in thiscase, a specific stitching on G-Star jeans) may neverthelessbe registered as a trade mark if the shape's attractivenesshas predominantly become the result of its recognition by thepublic as a distinctive sign.     

Pragmatic relevance/strength of lexico-grammar choices in EU legal documents

The present study focuses on the communicative relevance of lexical choices in the documents of the European Union Committee of the Regions （CoR） and of other related bodies within a pragmalinguistic perspective. The function of the Committee of the Regions is to issue opinions on proposals for Community legislation which are closest to the citizen interests - education, youth, culture, health. It is thus a voice at the heart of the EU which aims at increasing the participation of European regions in community life. Our corpus consists in 100 documents （Proposals and Opinions） whose lexico-grammatical aspects and communicative/ rhetorical strategies are here investigated. Our hypothesis is that such texts aim at creating a holistic we to construe a common ground of interests, within the constraints of legal intercourses, shared by both the sender and the receiver of the messages. Frequently occurring lexical items are： welcome, ensure, strengthen, aid. To stress urgency, generate empathy, emphasize needs and endorse value-positions are the recognizable perlocutionary effects of such semantic/pragmatic choices. Tools for analysis were taken from the domain of pragmalinguistics, from Evaluative/Appraisal Frameworks and, also, from social sciences. Particularly relevant appeared the notion of＇advocacy＇ （i.e., when researchers are asked to use their expertise to defend the subjects＇ interests in healthcare, education, political rights, and cultural autonomy）. This study will provide both qualitative and quantitative data to support our hypothesis, and will offer suggestions for further research.     

论保险公司对合同相关人的社会责任

保险公司因其与公众的利益相关性程度较高,所以有助于维护社会的稳定与安全,同时他又对社会具有较强的依赖性,因而,适度要求保险公司担负一定的社会责任不仅符合其自身长远利益以及社会目标,而且有助于弥补保险法律法规不完备的现实问题,有助于在保险业界营造一种诚实守信、利己利人的经营氛围。     

The relevance of the concept of action to the criminal law

B.A., Denison University 1970; Ph.D., Ohio State University 1976; J.D., Ohio State University 1976.     

Woman abuse in dating relationships: The relevance of social support theory

Many women are victimized by their boyfriends. Furthermore, male social networks may encourag e members to abuse their girlfriends. A review of relevant literature shows that social support theory may be useful for understanding this problem. The purpose of this paper is to describe this social psychological theory's potential contribution to the study of woman abuse in dating relationships.     

Cable ties used as tool in homicide: relevance of the DNA analysis

An investigation of strangulation tools often reveals DNA of the victim. In some cases, DNA of the suspect can also be demonstrated, even in strangulation tools with a smooth surface like cables. The authors report a case of strangulation of two victims with cable ties. In addition, several used and unused cable ties were found at the crime scene. The DNA analysis detected DNA of the victims, but also genomic and mitochondrial DNA of various other persons not knowingly involved in the crime. Experiments with unused cable ties revealed that even a single handling of a cable tie may leave DNA traces. An enquiry of the companies selling cable ties showed that the cable ties are manually handled, so that foreign DNA must always be expected.     

Mental disorder and legal responsibility: The relevance of stages of decision making

The paper discusses the relevance of decision-making models for evaluating the impact of mental disorder on legal responsibility. A three-stage model is presented that analyzes decision making in terms of behavioral control. We argue that understanding dysfunctions in each of the three stages of decision making could provide important insights in the relation between mental disorder and legal responsibility. In particular, it is argued that generating options for action constitutes an important but largely ignored stage of the decision-making process, and that dysfunctions in this early stage might undermine the whole process of making decisions (and thus behavioral control) more strongly than dysfunctions in later stages. Lastly, we show how the presented framework could be relevant to the actual psychiatric assessment of a defendant's decision making within the context of an insanity defense.