A Discourse-Theoretical Conception of Practical Reason*

Abstract
Contemporary discussions about practical reason or practical rationality invoke four competing views which can be named as follows by reference to their historical models: Aristotelian, Hobbesian, Kantian and Nietzschean. The subject-matter of this article is a defence of the Kantian conception of practical rationality in the interpretation of discourse theory. At the heart, lies the justification and the application of the rules of discourse. An argument consisting of three parts is pre sented to justify the rules of discourse. The three parts are as follows: a transcen dental-pragmatic argument; an argument which takes account of the maximisation of individual utility and an empirical premise about an interest in correctness. Within the framework of the problem of application, the article outlines a justification of human rights and of the basic institutions of the democratic constitutional state on the basis of discourse theory.     

A judge's three worlds: proof, philosophy, and the prison

Tensions between the world of science and the world of law may arise because of their differing viewpoints and philosophies. Disagreements may center around such questions as what constitutes proof, around human behavior, and around the use of the insanity defense in criminal cases. The just deserts model is examined and is criticized as being harsh and possibly unrealistic in today's society.     

Unusual suicides with chain saws

Two cases of suicide with bandsaws, undertaken by workers in carpenters' workshops are reported and discussed. Their choice of this method was based on the fact that they knew how dangerous such machines were. Both cases were watched by witnesses, who could not intervene due to the speed of the events. It was possible to exclude accident or homicide.     

Salient factor score validation—A 1972 release cohort

In October 1973, the United States Board of Parole adopted an actuarial device, termed a “salient factor score”, as a risk assesment aid. This device was constructed and initially validated on a sample of 1970 releases utilizing a two year follow-up period for each case. However, as the utility of a predictive device depends upon its a ability to predict to prospective samples, periodic validation is required. This paper describes the application of the salient factor score to a subsequent validation sample of prisoners released during 1972 and discusses the effects of using various outcome measures.     

Grievance mediation

Conclusion In sum, grievance mediation is a highly successful alternative to labor arbitration. It shares with expedited arbitration the capacity to reduce the time and cost of arbitration, and is more likely to produce mutually acceptable outcomes than is a conference procedure in which the neutral retains decisional authority. It is also more likely than either of those procedures to improve the parties' dispute resolution ability and ultimately their entire relationship.To be sure, not all grievances can be successfully resolved through mediation. Still, its advantages are so great, and its costs so low that an effort to resolve grievances at mediation should be a required step preceding arbitration in all collective bargaining contracts. Stephen B. Goldberg is Professor of Law at Northwestern University Law School, Chicago, Ill., 60611. He is a member of the National Academy of Arbitrators and president of Mediation Research and Education Project, Inc.This article draws in substantial part on material contained in the author's recent book (with William L. Ury and Jeanne M. Brett),Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict (San Francisco: Jossey-Bass, 1988).     

LOCKE AND NOZICK ON PROPERTY

Abstract: In this paper I hope to show that the differences between the Lockian and Nozickian ideas regarding the foundation of private property are far greater than is generally assumed. My purpose is not to criticize Nozick, but to show that the accepted interpretation of Locke on which he relies is mistaken. In particular, I hope to show (1) that the theory of appropriation by labor is not applicable after the invention of money; and is meant to show that the right to property is based on the right to life and self-preservation, and (2) that property arrangements after the introduction of money are justified primarily by utility rather than natural right, and (3) that the conditions created by the invention of money make the'regulation'of private property necessary for the preservation of mankind which is required by the law of nature.     

Preservation of stab and cut wounds of the skin

The authors compare different methods of fixation of stab and cut wounds of the skin. Fixation in formalin has more disadvantages than advantages despite its vast application. In our opinion fixation in formalin-free solution leads to better results especially with regard to subsequent investigations carried out later on. The best results were found with a modification of the Dietrich-Ratnewski fixing solution. This contains acetic acid, absolute alcohol, glycerin and water in the volume ratios 10: 15: 5: 70.     

Referendums in the Third World

Since the early 1960s many Third World countries have been attracted to referendums, with the earliest being held in Uruguay in 1917, Iraq in 1921 and Chile in 1925. Butler and Ranney(1978) identified referendums in Third World nations up to 1978, yet analysis of the political process and patterns of these referendums is lacking in the political science literature. It is the purpose of this paper to identify some of the patterns and processes common to African, Asian, Latin American and Middle Eastern referendums. The paper will examine briefly the Western democratic referendums, excluding the experience of Switzerland and Australia where referendums are an integral part of the constitutional and political process. Secondly, the general and regional Third World patterns will be examined. Thirdly, referendums in nine countries will be described; lastly, the paper will conclude with the identification of the common patterns and processes of Third World referendums. In this paper we are concerned with post- independence national level referendums; although, many referendums have been conducted on a subnational level and prior to independence.