Reviewing the exclusionary principle in English contract law

The exclusionary principle in English contract law is a long established but controversial rule of contractual interpretation. This article considers the jurisprudential origins of the principle and critically analyses judicial justification of the principle. This article also puts forward a case for how the principle can be reformed in order to introduce greater fairness within the process of contractual interpretation.     

Age estimation using radiographic analysis of laryngeal cartilage

The laryngeal cartilages undergo age changes, including mineralization and ossification. Keen and Wainwright defined, in male and female subjects, recognizable stages of radiopacity of the thyroid, cricoid, and arytenoid cartilages. The present study analyzed quantitatively the degree of laryngeal radiopacity to determine whether radiography of the larynx can be used routinely in forensic pathology to estimate age at death. In each of 82 subjects, the larynx was removed during forensic autopsy and subjected to radiography in an anteroposterior orientation. Each radiograph was independently scored by two observers. For each case, the degree of laryngeal radiopacity was evaluated according to the classification of Keen and Wainwright. There was a positive correlation between the total score of laryngeal radiopacity and age (correlation coefficient = 0.74). It was concluded that this method is simple, fast, and nondestructive and has a good reproducibility between observers. Because there was a wide interindividual variability in the same age class, this method must be associated with more accurate methods.     

Frequency of bone/cartilage lesions in stab and incised wounds fatalities

A retrospective study was carried out on 58 fatalities due to stab or incised wounds. The frequency of bone or cartilage lesions was analysed according to the number of wounds, the circumstances of death and the anatomical site. Our findings showed that bone/cartilage lesions were present in about 53% of the cases. Cartilage lesions were more frequent than bone lesions. The mean number of wounds in the group with bone/cartilage lesions was statistically higher than the mean number of wounds in the group without lesions (P=0.0068). The main cause of death was thoracic injury in the groups with and without bone/cartilage lesions. In case of skeletal remains, only bone or cartilage lesions allow to diagnose stab or incised wounds. The discovery of these lesions, often of small size, justifies a complete and careful examination of skeletal remains with the help of stereomicroscopy.     

Land tenurial dynamics and participatory forestry management in Bangladesh

Of late, participatory forestry management, more popularly known as ‘social forestry’ (SF), has acquired great significance in Bangladesh as a strategy for both forest resource management and rural development. However, research on the contextual factors such as social relations, institutional structures, forest policies and land tenurial arrangements which regulate SF's performance in the field has been limited. Land ownership and tenurial arrangement is one crucial factor which has remained virtually unexplored in the context of Bangladesh SF. This article examines the land use and tenure arrangements in selected SF projects in Bangladesh. It focuses on the perceptions and choice of the SF farmers regarding land ownership, tenure and use; implications of central land tenurial policy on farm productivity and farmers' motivation; and also on the difference between farmers' land use choice and the assumptions of the SF planners. It shows that land tenure is a complex issue for SF. Although tenurial security is a major motivating force for farmers, providing permanent land ownership alone has little impact on farm productivity or on the growth of collective effort among SF farmers. Farmers need institutional assurance and support (especially from the government) to fully utilize the potential rights and benefits associated with such ownership. © 1998 John Wiley & Sons, Ltd.