Benford's Law for Quality Assurance of Manner of Death Counts in Small and Large Databases

To assess if Benford's law, a mathematical law used for quality assurance in accounting, can be applied as a quality assurance measure for the manner of death determination. We examined a regional forensic pathology service's monthly manner of death counts (N = 2352) from 2011 to 2013, and provincial monthly and weekly death counts from 2009 to 2013 (N = 81,831). We tested whether each dataset's leading digit followed Benford's law via the chi‐square test. For each database, we assessed whether number 1 was the most common leading digit. The manner of death counts first digit followed Benford's law in all the three datasets. Two of the three datasets had 1 as the most frequent leading digit. The manner of death data in this study showed qualities consistent with Benford's law. The law has potential as a quality assurance metric in the manner of death determination for both small and large databases.     

Addressing diversion effects

Alan Wertheimer argues that those who promulgate principles of research ethics have a responsibility to take into account the diversion effects of those principles. In this commentary, I argue that Wertheimer''s proposal that diversion effects should be considered when promulgating principles of research ethics makes sense, but it often may be best to deal with these effects once a principle has been accepted and implemented, rather than focusing on them at the outset.     

Are ethics promulgations self-defeating?

Alan Wertheimer argues that promulgating some ethical standards of international clinical research may be self-defeating: the intended purpose of these standards is to promote the interests of subjects and communities in LMICs, while the outcome of promulgation could be to undermine these very same interests. If enforced, such standards would increase the costs of performing beneficial research in LMICs, potentially diverting opportunities to participate in this research away from those who have no other access to the care participation allows. I argue that these standards are really intended as deontological constraints protecting subjects from being exploited by research sponsors. First, I show that Wertheimer begs the question against this deontological interpretation of ethics promulgations, rejecting it on non-deontological grounds. I go on to show that non-exploitation is an important goal on its own, sometimes independent from—and sometimes even outweighing—the goal of promoting the interests of subjects and communities in LMICs. I conclude by suggesting that those who criticize the promulgation of non-exploitation on the grounds that exploitative practices help those badly off might do best to reconsider the background assumption that sponsors in wealthier countries have no pre-existing obligation to promote the interests of the world''s poor.     

The most plausible pro-coercion view: requiring informed agreement while penalizing non-participation in research

In ‘(Why) should we require consent to research?’ Alan Wertheimer probes whether it is legitimate for the government to ‘coerce’ people into participating in biomedical research, including interventional biomedical research. In debating the rules that ought to govern participation in interventional biomedical research, we should distinguish two separate moral claims. First, interventional research should proceed only when the subject has given her informed agreement. Second, it is legitimate for the state to set a requirement that people participate in interventional biomedical research, and to penalize or punish those who refuse to participate. The most plausible ‘pro-coercion’ view accepts both of these claims. Though I stop short of endorsing this view, it captures important ‘pro-coercion’ and ‘anti-coercion’ intuitions.     

Munchausen by Proxy: A Qualitative Investigation into Online Perceptions of Medical Child Abuse

In Munchausen by proxy (MBP) maltreatment, increasingly termed “medical child abuse” (MCA), a caregiver fabricates or induces illness in another. The perpetrator's goal for the behavior is to meet personal emotional needs by forcing unnecessary or misguided medical or psychological treatment. Generally, a mother is the perpetrator and her child is the victim. There is a serious lack of research into most aspects of MCA, and this study is the first to utilize the anonymity of an Internet forum to investigate victims' first‐hand experiences of, and the public's opinions about, suspected and confirmed MCA. Three‐hundred and fifty‐six posts by 348 members were explored and coded using formal qualitative content analysis. By accessing an open‐thought online forum, this paper acquired information regarding social perceptions about the nonperpetrating partners who are unaware of the maltreatment; the disturbing and counterintuitive phenomenon of MCA itself; and the resistance often faced by those who attempt to report it.     

Regulation of assisted conception services in Europe: Implications of the new reproductive technologies for 'the family'

In this paper we attempt to draw attention to the widespread variation in legislation and regulation of assisted conception services throughout Europe and the implications that this may have for what is understood as 'a family'. At present, access to assisted conception services appears to rely on a 'traditional' notion of the family with the consequence that large numbers of potential service users are excluded. We believe that the existing state of assisted conception legislation already demonstrates a turn to the postmodern. This paper aims to make this turn to the postmodern more explicit and take it further towards what we argue is its inevitable conclusion. It is argued that a postmodern approach should benefit both assisted conception service providers and, perhaps more importantly, service users through an emphasis on localized knowledge, acceptance of difference and 'otherness', and a recognition of the complexity and ambiguity of human behaviour.     

New Labour’s communitarianism,supporting families and the ‘rationality mistake’: Part II

In Part I of this study, we argued that New Labour is keen to use legislation to promote what it sees as desirable family forms and to discourage other, less-favoured family practices. The codification of this approach in the 1998 Green Paper Supporting Families - and, in particular, the 'New Deal for Lone Parents' - was compared with recent empirical research on how people make decisions about their moral economies. We concluded that the government's approach is subject to a 'rationality mistake' - people do not make decisions in the way the government assumes and hence legislation can be inefficient or even oppressive. Here, we examine this contention further, this time focusing on chapter 4 of the Green Paper, indicatively entitled 'Strengthening marriage'. Using recent empirical research on mothers' views on marriage and cohabitation, we find further evidence of the 'rationality mistake', where the government has misunderstood the ways in which people make decisions about partnering and hence misplaces the role of family law. We conclude that supportive and flexible legislative frameworks are needed that recognize the varying ways in which people take moral economic decisions.     

The Constitution's Gift? A Deliberative Democratic Analysis of Constitution Making in the European Union1

Abstract: Our aim in this article is to consider whether the Union's deliberation over and decision‐making on constitutional norms, can contribute to render it more democratic. From a normative perspective, the way a constitution is forged has deep implications for its democratic legitimacy. In light of recent events, we consider how procedural changes in constitution‐making might contribute to rectify the Union's democratic deficit. To do so we first develop a thin model of constitution‐making based on the central tenets of deliberative democracy. Through this we seek to outline how a legitimate constitution‐making process will look from a deliberative democratic perspective. Second, we distil out some of the core characteristics of the Intergovernmental Conference (hereafter, IGC) model and assess this against the normative model, to establish the democratic quality of the IGC model. Third, we assess the current Laeken process by means of spelling out the central tenets of this mode of constitution‐making, and we assess it in relation to the normative standards of the deliberative model. In the fourth and final step, we consider what contribution constitution‐making might make to the handling of the EU's legitimacy deficit(s). We find that the Laeken process, in contrast to previous IGCs, was explicitly framed as a matter of constitution‐making. It carried further the democratization of constitution‐making, through its heightened degree of inclusivity and transparency. However, when considered in relation to the deliberative‐democratic model, it is clear that the Laeken Constitutional Treaty cannot be accorded the full dignity of a democratic constitution. The Constitutional Treaty can however lay the foundations for We the European people to speak.     

Public preferences and the challenge to genetic research policy

Modern genetic research requires scientists to collect, store, and study DNA samples and health information from thousands of people. Longstanding policy allows researchers to use samples and information without a person''s informed consent as long as the person''s identity is protected. Under existing policy, researchers must neither disclose study results to interested research participants nor compensate people who contribute to genetic research. Research and ethics experts developed these policy approaches without input from the people whose contributions are essential to the genetic research enterprise. A growing body of evidence shows that many research participants and would-be participants disagree with the current policy approaches. For ethical and practical reasons, participants should have a greater role in determining how genetic research is conducted.     

Addressing Infant and Toddler Issues in the Juvenile Court: Challenges for the 21st Century

To achieve the goal of permanency for children in the child welfare system, it is critical that different disciplines work together, improve communication, and understand each other's role and expertise in the process. Through a case study, this article attempts to show the problems, conflicts, and solutions in working to ensure a child's best interests from three points of view: a children's attorney from New York City, a judge from Miami, Florida, and an infant mental health specialist and interdisciplinary trainer from Los Angeles. First, we propose that emotional caregiving is a fundamental right of all children and includes a stable, nurturing, and permanent long‐term relationship. Conflicts between the timing of children's needs, parents' needs, and the judge's legal duties are discussed as a tension with which we all must struggle to resolve if we are to successfully address children's “irreducible needs” (Brazelton & Greenspan, 2000). If the provision of custodial care shifts toward including emotional care as a goal for the growing number of infants entering the foster care system, the ensuing conflicts will provide opportunities for all parts of the foster care system—including the courts—to rethink how infants' needs are evaluated and factored into decision making.     

Two kinds of rule regulating human subjects research

Alan Wertheimer argues that before we promulgate some rule regarding the conduct of research on human subjects we ethically ought to consider the consequences of the rule being followed. This ethical requirement has an exception, though, Wertheimer maintains: it doesn''t apply to rules that are not motivated by considerations of outcome. I agree that there is an exception to be made to Wertheimer''s proposed ethical requirement, but not Wertheimer''s exception. The important distinction is not that between rules motivated by considerations of outcome and rules motivated otherwise, but between rules designed to enforce ethics and rules not so designed. Before we promulgate the latter kind of rule, we are ethically required to consider the consequences of doing so. This is not so for the former kind of rule. My exception, unlike Wertheimer''s, yields the conclusion that we should promulgate, regardless of the consequences of doing so, a rule requiring that the potential benefit to the subject of participation in a study outweigh the risks. This rule is motivated by considerations of outcome, so it would land on the wrong side of Wertheimer''s divide. But it''s also designed to enforce ethics, so it lands on the correct side of my divide.     

Performing Arts Review: Statement of Scope and Purposes

Recent research on arts and cultural audiences has attempted to go beyond the traditional social science surveys that assess attitudes or attendance to capture an understanding of how audiences actually experience the arts and what benefits or impacts those experiences provide. The study reported here contributes to this growing body of research by presenting in-depth case studies of four individuals and their chosen cultural experiences at various times through their lives. The authors used Dervin's Sense-Making Methodology to guide the informants through highly structured but open-ended interviews designed to prompt self-reflection and elaboration of what each experience meant to them. Informants were selected from a larger database because of the richness of their interviews and the insight these interviews offer to the understanding of people's engagements with culture. By considering multiple cultural experiences for each informant, it was possible to gain a clearer sense of the context in which these experiences took place and how informants were impacted personally. In addition, the case studies showed how informants' respective struggles with personal and identity issues moved with them across their cultural experiences.     

The fourth in a series of reports by David Davies analysing the experiences of those involved in a computer disaster

One of the most fascinating of human traits is their blase approach to possible disaster. Serious road accidents are something that happens to someone else, so drivers carry on taking appalling risks at high speed. In corporate terms management takes a similar approach to disaster, and computer disasters are no exception. “It won't happen to us” or “we'll muddle through somehow” are common excuses for the absence of a disaster recovery plan. Psychologists tell us that this is because we cannot come to terms with something we have not previously experienced: we simply cannot imagine the experience, therefore it has no reality as something that could affect us.In this series I am relaying the experiences of those people who have been involved in computer disasters, the lessons they have learned and the effects of the disaster on their company and on their own lives. If you are one of the great majority without a workable recovery plan, remember as you read: tomorrow this could be you!     

The Commission and the Police

The major conclusions advanced in the 1967 report by the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson are reviewed in this article. Six of the Commission's visions for law enforcement are described, and subsequent changes in the character of American policing are traced. Many of the concerns of the Commission linger until this day. Progress on many fronts has been halting, their impact more muted than reformers had hoped, and the framework of institutions that define law enforcement in the United States has proved remarkably resistant to change.     

Relational legal consciousness in the one-child nation

This article draws from a qualitative study of people's responses to China's population control policies to analyze the relational formation of legal consciousness within and across different types of relationships. It demonstrates that our expectations of others and theirs of us regarding how to respond to law change significantly when we situate ourselves in different types of relationships. The fluid boundaries of relationships in Chinese society also make it essential to think and plan relationally and holistically across different types of relationships to come up with strategies to resist or comply with the law. During this process of relational formation of legal consciousness, law interacts with and reshapes social norms to determine the (un)availability of alternative mechanisms based on the individual's social and financial status.     

Beyond the census. Reconstructing Dutch women's labour market participation in agriculture in the Netherlands,ca. 1830–1910

Many historians have pointed out for various countries that nineteenth-century national censuses do not accurately reflect women's economic activity. This was no different for the Dutch national censuses. In this article, we argue that under-recording was especially severe in agriculture, and that this problem increased towards the end of the century. The rise in under-recording was partly due to an increased irregularity of women's work on farms, but it also reflected changing living standards and ideologies, in which work was increasingly defined as undesirable for women. In relative terms, agriculture did become less important to men and women alike because of mechanization and industrialization. Nevertheless, agriculture continued to employ many women, especially married women and daughters working on their husbands' and fathers' farms. By offering additional source material and methods for estimating women's labour force participation in agriculture on a regional level, such as relating their occupational status to their husbands', and estimating the number of days worked, we aim to offer an enhanced methodology for gauging the work of women in agriculture, which may be applied to future research.     

Translating police research into policy: some implications of the National Academies report on proactive policing for policymakers and researchers

ABSTRACT

In February 2018, the U.S. Committee on Proactive Policing published its report on the evidence regarding the effects of different forms of proactive policing, particularly on crime and disorder. In this essay, we explore three obstacles to evidence-based policymaking in policing, some of which were raised by the Committee, but we take occasion to develop here: (1) the mistrust of science; (2) the paucity of cost-efficiency analyses; and (3) the challenge of managing competing values. For each of these we describe the nature of the problem before identifying some possibilities for mitigating or overcoming it. Our goals are two-fold: (1) to provide some considerations that police leaders might take into account when making decisions about proactive policing; and (2) to illuminate avenues for future research.     

Unveiling White logic in criminological research: an intertextual analysis

Critical race scholars have called into question the objective neutrality upon which much positivist social science rests, arguing that it discursively masks how whiteness underpins the normative purview of research design and findings. As the scholarly securing of whiteness takes shape through explicit and discursive mechanisms, this article examines how it is manifest in criminological research through an intertextual analysis of contemporary peer-reviewed scholarship. Examining 558 articles in five recognized journals, this paper documents how blind spots towards race and racial stratification surface in criminological research, arguing that most of the articles analyzed do not simply ignore White privilege; they actively uphold it. Findings suggest that they do so through two means: first by whitewashing race, that is, disregarding how race and racism can differentially affect acts and trends of crime and deviance, and secondly, by narrowly representing race as merely explanatory variable without querying the broader power relations it marks. After discussing how these patterns reveal and uphold whiteness as a normative value, we conclude with a discussion of preliminary steps aimed at exposing and unpacking how White logic informs the field.     

Ten key developments in modern policing: an Australian perspective

In this paper we endeavour to isolate the top ten innovations and developments that have occurred in policing in the last thirty years. We consider that each of them brought about a new mindset, pattern or trend into contemporary police practice. We have focused our attention on the last thirty years because it is during this time that we have both maintained a keen academic interest in the field. While we have focused our attention on the way in which each has affected Australian policing, we are cognisant of the fact that many of them had their roots in other settings long before Australian policy-makers adopted or adapted them.     

Constitutional Review in the Mega‐Leviathan: A Democratic Foundation for the European Court of Justice

The European Court of Justice (ECJ) serves, among other things, as a constitutional court for the EU. This means that it possesses the legal right to strike down both EU and national laws it deems irreconcilable with treaty provisions. In the present article, we shall draw on Hans Kelsen's theory of democracy to argue that the ECJ's competence to review and invalidate legislation is, in fact, indispensable for the democratic legitimacy of the EU's legal system as a whole.