What is the Theory Legal Argumentation For?

The paper aims to present the legal theories of legal argumentation constructed in the last century, organised into two groups: the precursors (Viehweg, Perelman and Toulmin) and the authors of the standard theory (MacCormick and Alexy). Then, some criticisms about all these conceptions are presented. And finally, an outline of a theory of legal argumentation is made, capable of overcoming some of the previous criticisms. The fundamental idea for this is to build a very abstract concept of argumentation that could then allow various interpretations or conceptions of legal argumentation. From here, one would be in a position to find an answer to the three main argumentative questions raised by legal practice: how to analyse an argument, how to evaluate it, how to argue.

     

Correction to: The Public Power of Judgement: Reasonableness Versus Rationality—Setting the Ball Rolling

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - In the original publication of the article, the paragraph beginning “We begin with two...     

Determination of MDMA, MDA, MDEA and MBDB in oral fluid using high performance liquid chromatography with native fluorescence detection

This paper describes the analytical methodology for the determination of MDMA, MDA, MDEA and MBDB in oral fluid. After a liquid–liquid extraction, the analysis was carried out by high performance liquid chromatography (HPLC), with fluorescence detection. The detector wavelength was fixed at 285 nm for excitation and 320 nm for emission. The mobile phase, a mixture of phosphate buffer (pH = 5) and acetonitrile (75:25), and the column, Kromasil 100 C8 5 μm 250 mm × 4.6 mm, allowed good separation of the compounds in an isocratic mode in only 10 min. The method was validated and showed good limits of detection (2 ng/mL) and quantitation (10 ng/mL) for all the amphetamine derivatives. No interfering substances were detected. A stability study of these compounds in oral fluid stored at three different temperatures (−18, 4 and 20 °C) over 10 weeks was conducted, showing a time-dependent degradation of the four compounds.     

Burden of Womanhood: Tamil Women’s Perceptions of Coping with Intimate Partner Violence

Helping women victimized by intimate partner violence (IPV) is a challenge, particularly when the women belong to diverse ethnic groups. The objective of our study was to collect information on perceptions of coping with IPV from the perspective of a specific immigrant group of women. Sixty-three women from the Tamil community in Toronto representing different generations and experiences of IPV were interviewed in focus group settings about their views of coping with IPV. Study findings suggested that their views were deeply embedded in their sociocultural context and influenced by the gender-role expectations from the community. The women showed a marked preference for “passive” modes of coping rather than “active.” Study findings have implications for the development of alternative approaches to helping ethnically diverse women deal with IPV.     

Attention‐Deficit/Hyperactivity Disorder in Young French Male Prisoners

While forensic studies have reported higher than community rates of mental disorders in imprisoned populations, few studies have focused on attention‐deficit/hyperactivity disorder (ADHD) in these subjects. The aim of this study was to investigate ADHD prevalence among young French male prisoners. A specific diagnostic interview (Conners' Adult ADHD Diagnostic Interview for DSM‐IV, CAADID) was used. Correlations between ADHD, subsyndromal ADHD, and criminal features were investigated. 11% of young male prisoners among 93 male subjects aged 18–35 years met the criteria for actual ADHD, and 17% met those for childhood ADHD. Considering ADHD and subsyndromal ADHD, prevalence was about 43% in adulthood. ADHD and subsyndromal ADHD in adulthood were significantly associated with a higher number of imprisonments and a younger age at first arrest. It could be advisable to better identify subjects with ADHD symptoms among prison populations.     

Partner Violence Entrapment Scale: Development and Psychometric Testing

This article describes the development and testing of the psychometric properties of the Partner Violence Entrapment Scale (PVES), an instrument that evaluates the women’s perceived reasons for staying in violent partner relationships. After initial pilot testing, the scale was administered to 213 Spanish women who were victims of intimate partner violence (IPV). An exploratory factor analysis identified six factors: Socio-Economic Problems, Attachment and Fear of Loneliness, Blaming Oneself and Resignation, Impact on Children, Fear of Harm and Worry for the Partner, and Feelings of Confusion. Discriminant validity was established by demonstrating associations between PVES factors and socio-demographic, clinical and abuse variables. The scale appears to be a useful assessment tool for social and clinical settings. Its factor structure, reliability, and validity need to be replicated in other populations and samples.