South Africa and Namibia: Aspects of a relationship,historical and contemporary

South Africa occupied Namibia for 75 years. After that occupation ended in 1990, numerous ties between the two countries continued to exist and their economies are still intertwined more than 25 years later. In both countries the liberation movements that fought apartheid and then came to power are still in power. This might suggest that the relationship between the two countries would be a particularly close one. When the leaders of the two countries meet, as they regularly do, they speak of fraternal relations and point to ways in which the two countries are working together to enhance co-operation and regional integration. However, the relationship is a very unequal one, and the small state of Namibia retains suspicions of the regional hegemon, suspicions that have a long history. Areas of tension between the two states therefore remain. This paper considers aspects of their bilateral relations, within the multilateral contexts of the Southern African Customs Union and the Southern African Development Community.     

Subjects with agency? Children’s participation in family law proceedings

Galvanised by the UN Convention on the Rights of the Child, many jurisdictions now recognise children’s rights to participate in decisions that affect them. While such legal rights have increased, research on family law proceedings shows how children’s views can still be undermined, ignored or not even sought in decisions about them. This article uses the academic resources of childhood studies, to consider dominant and alternative narratives of children’s participation within Scottish family law. Drawing upon reported case law and empirical research, the article concludes that children’s participation gains protection by being institutionalised but children’s participation is attenuated because it is not recognised as relational and contextual. As rationality, consistency and autonomy are privileged, the weight given to children’s views is lessened by concerns about children being manipulated or distressed. Courts and their decisions may be child-focused, centring on children’s welfare, but they are not child-inclusive, involving children in decision-making.     

The Relevance of Intention to Criminal Wrongdoing

In this paper, we defend the general thesis that intentions are relevant not only to moral permissibility and impermissibility, but also to criminal wrongdoing, as well as a specific version of the Doctrine of Double Effect that we believe can help solve some challenging puzzles in the criminal law. We begin by answering some recent arguments that marginalize or eliminate the role of intentions as components of criminal wrongdoing [e.g., Alexander and Ferzan (Crime and culpability: a theory of criminal law. Cambridge University Press, New York, 2009), Chiao (Crim Law Philos 4:37–55, 2010), Walen (Crim Law Philos 3:71–78, 2009)]. We then turn to some influential theories that articulate a direct role for intentions [e.g., Duff (Answering for crime: responsibility and liability in the criminal law. Hart Publishing, Portland, 2007), Husak (Crim Law Philos 3:51–70, 2009)]. While we endorse the commitment to such a role for intentions, we believe that extant theories have not yet been able to adequately address certain objections or solve certain puzzles, such as that some attempt convictions require criminal intent when the crime attempted, if successful, requires only foresight, and that some intended harms appear to be no more serious than non-intended ones of the same magnitude, for example. Drawing on a variety of resources, including the specific version of the Doctrine of Double Effect we have developed in recent published work, we present solutions to these puzzles, which in turn provide mutual support for our general approach to the role of intentions and for thinking that using others as means is itself a special kind of wrongdoing.     

Increasing Turnout: A Compelling Case?

Recently several thinkers have endorsed compulsion or other measures to increase turnout and revitalise democracy. This article argues that such measures are misguided, because lower turnout (even if unequal across social groups) is not necessarily undemocratic – indeed, it may serve democratic values by, for example, making it more likely that decisions really are made by the relevant constituency, with those most affected getting more say. Encouraging others to vote, or even to turn out, runs the risk of distorting electoral outcomes. If there is no clear democratic case for compulsion, then we should not risk even small limits on individual liberty.     

Detention and treatment down under: human rights and mental health laws in Australia and New Zealand

Mental health law reform in recent decades has drawn on the international human rights movement. The entering into force of the Convention on the Rights of Persons with Disabilities (CRPD) on May 3 2008 has been hailed by some as signalling a new era in relation to how domestic mental health laws should be reformed. Both Australia and New Zealand have ratified the CRPD and Australia has acceded to its Optional Protocol. New Zealand and the Australian Capital Territory and Victoria have statutory bills of rights which have an interpretive effect, but are unable to render other statutes invalid. Drawing on the results of interviews conducted with fifty-two representatives of consumer and carer organisations, lawyers, and mental health professionals across Australia and New Zealand, this paper examines the current thinking on human rights and mental health laws in these countries and outlines what changes, if any, may be brought to domestic legislation in light of the Convention.     

Considering Mixed Mode Surveys for Questions in Political Behavior: Using the Internet and Mail to Get Quality Data at Reasonable Costs

Telephone surveys have been a principle means of learning about the attitudes and behaviors of citizens and voters. The single mode telephone survey, however, is increasingly threatened by rising costs, the declining use of landline telephones, and declining participation rates. One solution to these problems has been the introduction of mixed-mode surveys. However, such designs are relatively new and questions about their representativeness and the intricacies of the methodology remain. We report on the representativeness of a post election mixed-mode (Internet and mail) survey design of 2006 general election voters. We compare sample respondent means to sample frame means on key demographic characteristics and examine how mail and Internet respondents differed in terms of attitudes, behaviors and demographics. We find that overall the Internet respondents were representative of the population and that respondent choice of mode did not influence item response. We conclude that mixed-mode designs may allow researchers to ask important questions about political behavior from their desktops.     

Quantifying the Accuracy of Forensic Examiners in the Absence of a “Gold Standard”

This study asked whether latent class modeling methods and multiple ratings of the same cases might permit quantification of the accuracy of forensic assessments. Five evaluators examined 156 redacted court reports concerning criminal defendants who had undergone hospitalization for evaluation or restoration of their adjudicative competence. Evaluators rated each defendant’s Dusky-defined competence to stand trial on a five-point scale as well as each defendant’s understanding of, appreciation of, and reasoning about criminal proceedings. Having multiple ratings per defendant made it possible to estimate accuracy parameters using maximum likelihood and Bayesian approaches, despite the absence of any “gold standard” for the defendants’ true competence status. Evaluators appeared to be very accurate, though this finding should be viewed with caution.     

A Prototype of Mathematical Treatment of Pen Pressure Data for Signature Verification

A prototype using simple mathematical treatment of the pen pressure data recorded by a digital pen movement recording device was derived. In this study, a total of 48 sets of signature and initial specimens were collected. Pearson's correlation coefficient was used to compare the data of the pen pressure patterns. From the 820 pair comparisons of the 48 sets of genuine signatures, a high degree of matching was found in which 95.4% (782 pairs) and 80% (656 pairs) had rPA > 0.7 and rPA > 0.8, respectively. In the comparison of the 23 forged signatures with their corresponding control signatures, 20 of them (89.2% of pairs) had rPA values < 0.6, showing a lower degree of matching when compared with the results of the genuine signatures. The prototype could be used as a complementary technique to improve the objectivity of signature examination and also has a good potential to be developed as a tool for automated signature identification.     

Interdependence,interaction and metaphor in multisemiotic texts

Systemic frameworks for discourse analysis of visual/verbal and mathematics texts are used to examine the functionality of language? visual display and mathematical symbolism, and the meaning arising from interaction and interdependence between these semiotic codes in joint constructions. The nature of the interaction between options, classified as unmarked or marked, determines the meaning made in that instance and, more generally, provides an impetus for the expansion of the meaning potential of each semiotic. The phenomenon where semantic shifts occur when functional elements are reconstrued in another semiotic is called semiotic metaphor. Rather than the notion of an overlay of meaning typically associated with grammatical metaphor, the potential exists here for more dramatic forms of semantic shift. Examples of semiotic metaphor categorised as ‘parallel semiotic metaphor’ and ‘divergent semiotic metaphor’ are given in the text analysis.