Dale Dewhurst  David Hampton  & Roger A. Shiner 《Ratio juris》2003,16(1):56-88

The status of delegation as a strictly institutionalized source of law is controversial. In this article, we examine some instances of delegation, in order to explore their claim to be independent and strictly institutionalized sources of law. We consider primarily the instances of labour arbitration and of mediation. Our conclusion is that there is no straightforward answer in either instance to the question whether they constitute sources of law, although the claim of arbitration is strong and that of mediation is weak. We argue that the controversial character of delegation as a source of law is therefore to be expected, given its ambivalent character, and that in exploring the reasons for this ambivalence much can be learnt about the concept of a strictly institutionalized source of law.  相似文献   

    

David Hostetter 《和平与变革》2002,27(4):572-599

The antiapartheid activism of the American Friends Service Committee (AFSC) employed active nonviolence within the context of an internationally supported liberation movement. As the struggle against the white racist regime in South Africa intensified, the strategies of the AFSC’s South Africa Program staff and South African Friends (Quakers) diverged. Because of the AFSC’s involvement in the movements for civil rights and against the Vietnam War in the 1960s, its ideological emphasis shifted from relief work to pursuit of peaceful justice via action based on liberation pacifism in the 1970s and 1980s. The AFSC’s South Africa Program reflected this change. South African Friends and the AFSC staff clashed over differing definitions of nonviolence. Critics in the United States opposed the AFSC’s support for economic sanctions. The controversy around the AFSC’s South Africa Program emcompasses debates about race relations within an antiracist social movement, the relationship of first world pacifists to armed third world liberation movements, and the role of pacifist witness in a transnational liberation struggle.  相似文献   

    

Al-Alousi LM  Anderson RA  Worster DM  Land DV 《Forensic science international》2002,125(2-3):223-230

Brain, liver, rectal and environmental temperatures were continuously monitored under controlled conditions, in 117 forensic fatalities, for up to 60 h after death. Cases were studied either naked (63%) or covered with two blankets (37%). Bodies were classified into fat and thin groups. Statistical analysis and curve-fitting of the data yielded the average triple-exponential formulae for each body site and each body group. The effects of covering of the torso and body parameters such as weight, height, surface area and 'cooling size factor' (Z) on postmortem cooling are assessed and discussed. Results show that covering of the torso has a significant influence on the rate of postmortem cooling, however, there is no good correlation between the body variables and the cooling rate.  相似文献   

    

al-Alousi LM  Anderson RA  Worster DM  Land DV 《Forensic science international》2002,125(2-3):231-236

The temperatures of three body sites, namely, the brain, liver and the rectum as well as the temperature of the environment were continuously monitored, every 5-10 min, in 117 forensic cases commencing soon after death and in most cases, within 45 min postmortem. The body temperature at the moment of death was empirically determined by a computer-based extrapolation method. Thus, temperature data for the first 3h of each body site were fitted to single-exponential equations and the fitted curve was extrapolated backwards to obtain the intercept on the Y-axis (the temperature axis). The effect of body temperature at the moment of death on postmortem cooling rate is examined and factors influencing body temperature at death are discussed. Forensic fatalities associated with hyper and hypothermia are reviewed briefly.  相似文献   

    

Ayres KL  Chaseling J  Balding DJ 《Forensic science international》2002,129(2):90-98

Previous analyses of Australian samples have suggested that populations of the same broad racial group (Caucasian, Asian, Aboriginal) tend to be genetically similar across states. This suggests that a single national Australian database for each such group may be feasible, which would greatly facilitate casework. We have investigated samples drawn from each of these groups in different Australian states, and have quantified the genetic homogeneity across states within each racial group in terms of the \"coancestry coefficient\" F(ST). In accord with earlier results, we find that F(ST) values, as estimated from these data, are very small for Caucasians and Asians, usually <0.5%. We find that \"declared\" Aborigines (which includes many with partly Aboriginal genetic heritage) are also genetically similar across states, although they display some differentiation from a \"pure\" Aboriginal population (almost entirely of Aboriginal genetic heritage).  相似文献   

    

Joanne Scott  & David M. Trubek 《European Law Journal》2002,8(1):1-18

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Paul Sparrow  Graham Brooks  David Webb 《The Howard Journal of Crime and Justice》2002,41(1):27-40

The debate surrounding post‐Fordism was focused primarily on changes in the ‘late industrial’ technology of work and the new social relations of production with which this is associated. This analysis has rarely reached into the domain of punishment and discipline, which is perhaps surprising given the historical demonstration of an ‘elective affinity’ between the nature of work regimes and the form of discipline to which offenders are subject. If we have indeed entered a new era of technological and social relations of production (‘post‐Fordism”) then we might expect there to be consequential changes in the administrative contours of criminal justice. The exploration of this conjecture has a set of three interwoven elements. Firstly, there is a review of the historical background to the structural affinities between work and penality, as well as an indication of some emerging contemporary resonance between them. Secondly, this will be given a measure of empirical reference through examining the nature of the modern probation service, and in particular the extensive network of guidelines, contracts, monitoring and inspection which serve to ‘regulate’ not only offenders but also the working practices of the probation officer. Finally, we conclude by suggesting that the new penality is a continuation of the modern strategies of punishment and discipline, which in its revised form can indeed be seen as post‐Fordist (though certainly not postmodern).  相似文献   

    

David Earnshaw  David Judge 《Journal of common market studies》1997,35(4):543-564

Using the analytical headings provided by John Fitzmaurice in his initial analysis of the co-operation procedure in 1988, this article examines the perceptions of leading actors within the European Parliament (EP), and some of the officials most closely involved in the detailed discussion of legislative proposals within the Commission, about the co-operation procedure in the 1989–94 parliament. It explores not only the assessment of ‘insiders’ of the EP’s legislative ‘effectiveness’ in this period, but also maps out how key participants viewed the changing interinstitutional patterns attendant upon the co-operation procedure. The interviews in this study provide a unique perspective on what Fitzmaurice terms the ‘ratchet principle’ of institutional reform, and contribute to the historical record of institutional innovation within the EU.  相似文献   

    

David W. Roush 《Juvenile & family court journal》1996,47(1):1-20

The opinions expressed are those of the author and do not necessarily represent the official views of the National Juvenile Detention Association or the W.K. Kellogg Foundation.  相似文献   

    

Mark David Hall 《Politics & Policy》1997,25(4):641-658

This essay explores James Wilson's approach to the so-called “Madisonian Dilemma.” I first explain how the tension between majority rule and minority rights was more extreme for Wilson than for most founders. I then show how his view of human nature and moral epistemology allowed him to resolve the dilemma. Although Wilson's solution may be less realistic than Madison's, it is still worthy of serious consideration because of its influence on the creation of America's constitutional system.  相似文献